Complete article appears as a guest blog on: PropertyCasualty360
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(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Tuesday, February 8, 2011
Facebook Becomes a Questionable Friend of Workers Compensation
Social networking’s popularity has become a two-edged sword as a tool in the management, investigation, and disposition of workers’ compensation claims. Over the last several years there has been an exponential explosion in the use of this technology on the Internet. The challenge to properly access and effectively utilize the electronically stored information [ESI] is resulting in procedural and ethical ramifications for the workers’ compensation community.
Complete article appears as a guest blog on: PropertyCasualty360
Complete article appears as a guest blog on: PropertyCasualty360
Proposal to Eliminate Participation of Lawyers
A proposal has been made by the Commission of Labor in Oklahoma, Mark Costello, to eliminate the participation of lawyers at the hearing level in workers' compensation matters. The reform has been suggested to save money and put more money on the hands of the injured workers.
Costello, a local businessman, was elected last November on the Republican ticket. He founded American Computer & Telephone (AMCAT) that he sold in 1991.
McCullough’s 279-page measure, House Bill 1224, would create a workers’ compensation commission with three members: a physician, an attorney and an industry professional. Administrative law judges would preside over claims hearings.
Costello, a local businessman, was elected last November on the Republican ticket. He founded American Computer & Telephone (AMCAT) that he sold in 1991.
McCullough’s 279-page measure, House Bill 1224, would create a workers’ compensation commission with three members: a physician, an attorney and an industry professional. Administrative law judges would preside over claims hearings.
Related articles
- Too Old to Get Workers Compensation (workers-compensation.blogspot.com)
- Congress Told Workers Compensation is a Deteriorating System (workers-compensation.blogspot.com)
- Congressional Deficit Reform May Incorporate Workers Compensation Awards (workers-compensation.blogspot.com)
- USPS May Declare Bankruptcy Citing High Workers Compensation Costs (workers-compensation.blogspot.com)
- High Workers Compensation Costs May Force County to Layoff 100 Workers (workers-compensation.blogspot.com)
- Workers To Lose More Employee Benefits: Illinois Worker's Compensation in Jeopardy (chicagonow.com)
- Federal Push to Cap Workers' Compensation Based on Age (workers-compensation.blogspot.com)
Wednesday, February 2, 2011
The Lingering Consequences of Smoke in the Workplace
Countless studies have confirmed the health risks associated with smoking and secondhand smoke exposure. Now, new research is bringing attention to potential health risks associated with so-called thirdhand smoke, the mixture of tobacco smoke toxicants that lingers in the air and on surfaces after the smoke itself dissipates.
An article in the current issue of Environmental Health Perspectives takes a look at the state of the science on thirdhand smoke and discusses why some researchers believe it is a cause for concern.
An article in the current issue of Environmental Health Perspectives takes a look at the state of the science on thirdhand smoke and discusses why some researchers believe it is a cause for concern.
Related articles
- Warning: Surgeon General Finds Tobacco is Even More Dangerous to Your Health (workers-compensation.blogspot.com)
- Victory for an Aircrew for Breathing Contaminated Aircraft Air (workers-compensation.blogspot.com)
- AIG -The Inside Job (workers-compensation.blogspot.com)
- Smokers' Former Homes May Retain Tobacco Toxins (nlm.nih.gov)
- 'Thirdhand smoke' may be bigger health hazard than previously believed (eurekalert.org)
California Report Makes Recommendations To Curtail Lien Claimants
A California workers' compensation report has made sweeping recommendations to reduce and manage the filling of liens in pending cases. One recommendation is to charge a $100 filing fee to be paid by a lien claimant.
The California workers compensation court has become a collection agency for unpaid bills. This issue is mirrored throughout the US as medical costs have soared and a single payer system has not yet been enacted as in European countries.
The study commission concluded that the volume of liens alone amounts to "coercion to settle." The report reveals that 35% of the present court calendar now involves liens. The cost to employers amounts to an estimated $200 Million annually. Over 450,000 liens are predicted to be filed this yea alone. Medical liens represent the vast majority of the liens filed in compensation cases.
Excluded from consideration in he report are Federal medical programs such a Medicare (Medicare Secondary Benefit claims), VA Medical claims and TRICARE (Military Health Plans.). Those claims can only be resolved only by a tribunal cloaked with Federal jurisdiction.
The California workers compensation court has become a collection agency for unpaid bills. This issue is mirrored throughout the US as medical costs have soared and a single payer system has not yet been enacted as in European countries.
The study commission concluded that the volume of liens alone amounts to "coercion to settle." The report reveals that 35% of the present court calendar now involves liens. The cost to employers amounts to an estimated $200 Million annually. Over 450,000 liens are predicted to be filed this yea alone. Medical liens represent the vast majority of the liens filed in compensation cases.
Excluded from consideration in he report are Federal medical programs such a Medicare (Medicare Secondary Benefit claims), VA Medical claims and TRICARE (Military Health Plans.). Those claims can only be resolved only by a tribunal cloaked with Federal jurisdiction.
Related articles
- New Jersey Issues Workers Compensation Guidance on Evaluating Disputed Medical Provider Claims (workers-compensation.blogspot.com)
- NJ Rejects Broad Medicare Release Language in Judgments (workers-compensation.blogspot.com)
- Congressional Deficit Reform May Incorporate Workers Compensation Awards (workers-compensation.blogspot.com)
- CMS Issues Series of Mandatory Reporting Alerts (workers-compensation.blogspot.com)
- Congresswoman Woolsey Calls For A GAO Study of Workers Compensation-Cites Insurance Company Cost Shifting (workers-compensation.blogspot.com)
- The World Trade Center Health Program Expands The Path to Federalization
Tuesday, February 1, 2011
WR Grace Asbestos Bankruptcy Plan Receives Initial Approval
A Delaware Bankruptcy Judge has approved a reorganization plan for the former asbestos manufacturer, WR Grace. The company sought bankruptcy protection in 2001 from asbestos liabilities. The reorganization plan provides for the payment of benefits to victims of asbestos related disease.The proposed plan now must be reviewed by a US District Court Judge for final approval.
Asbestos exposure results in progressive and latent diseases including: asbestosis, lung cancer and mesothelioma. There is no known cure for mesothelioma, a rare and fatal disease. The use of asbestos is not yet banned in the US.
WR Grace manufactured asbestos insulation, Zonolite, and other asbestos containing products . For many years it mined asbestos in Libby, Montana, and left behind a legacy of disease to its former employees and residence of the mining community. Last year, the US Congress passed and the President signed, a national health care bill that provided medical coverage under Medicare for those who worked and/or resided in Libby, Montana.
Once the US District Court finalizes approval of the plan, the present and futures asbestos victims trusts will begin processing claims for payment.
Asbestos exposure results in progressive and latent diseases including: asbestosis, lung cancer and mesothelioma. There is no known cure for mesothelioma, a rare and fatal disease. The use of asbestos is not yet banned in the US.
WR Grace manufactured asbestos insulation, Zonolite, and other asbestos containing products . For many years it mined asbestos in Libby, Montana, and left behind a legacy of disease to its former employees and residence of the mining community. Last year, the US Congress passed and the President signed, a national health care bill that provided medical coverage under Medicare for those who worked and/or resided in Libby, Montana.
Once the US District Court finalizes approval of the plan, the present and futures asbestos victims trusts will begin processing claims for payment.
Related articles
- UN Agency Urges Worldwide Asbestos Ban (workers-compensation.blogspot.com)
- National Mesothelioma Awareness Day September 26 (workers-compensation.blogspot.com)
- Judge Orders Arrest of CEO of Asbestos Supplier (workers-compensation.blogspot.com)
- New Biomarkers Discovered for Mesothelioma May Lead to Early Detection (workers-compensation.blogspot.com)
- Benefits Available Under the Zadroga 9/11 Victim Compensation Fund (workers-compensation.blogspot.com)
- The Toxic Contamination of North Jersey (workers-compensation.blogspot.com)
Friday, January 28, 2011
The RICO Consequences of Managing Health Care in Workers Compensation
It is one thing to provide workers' compensation coverage to injured employers and it is another issue how involved an employer can be in managing medical care. That right was never addressed by the crafters of the workers' compensation system almost a century ago.
That dilemma is now being addressed by a Federal Judge in Colorado where a class action lawsuit pending against Wal-Mart for micro-managing and restricting medical care to injured workers. Brooks Magratten, Esq, has addressed these issues in a recently authored article. "Class Action Attacks Wal-Mart Health Care Model." 25 No. 13 WJEMP 1 (Jan. 25, 2011). The landmark action has the potential to expand workers compensation medical care into the umbrella of a national universal medical care system.
The plaintiffs in the pending action, all former and present Wal-Mart employees, are seeking treble damages against the mega-corporation, with an aggregate market value of $108.8 Billion, for interfering with medical care. Judge Robert Blackburn has denied Wal-Mart's motion to dismiss, now setting the stage for a definitive test of the workers' compensation medical system nationally.
Related articles
- Out-Of-State Medical Treatment Deemed Authorized by Workers' Compensation Court (workers-compensation.blogspot.com)
- Injured Workers Assert Class Action Claiming Wal-Mart Violated RICO Act
- Too Old to Get Workers Compensation (workers-compensation.blogspot.com)
- Benefits Available Under the Zadroga 9/11 Victim Compensation Fund
- The World Trade Center Program Expands The Path to Federalization
Sunday, January 23, 2011
Benefits Available Under the Zadroga 9/11 Victim Compensation Fund
On January 2, 2010, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Act establishing the World Trade Health Program and extends and expands eligibility for compensation under the September 11th Victim Compensation Fund of 2001.
The President remarked, "I was honored to sign the James Zadroga 9/11 Health and Compensation Act to ensure that rescue and recovery workers, residents, students, and others suffering from health consequences related to the World Trade Center disaster have access to the medical monitoring and treatment they need. We will never forget the selfless courage demonstrated by the firefighters, police officers, and first responders who risked their lives to save others. I believe this is a critical step for those who continue to bear the physical scars of those attacks."
Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.
Eligibility for benefits under the James Zadroga 9/11 Health and Compensation Act include those who were World Trade Center victims and First Responders. Under the law those who worked, attended school, childcare and adult day care, may be eligible. The program also covers some who were present in the area of the dust cloud or who lived in the the New York City disaster area. Certain cleanup and maintenance workers are included including tele-communications workers such as Verizon, AT&T and other employees.
Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits.
It is probable that cancers resulting from the exposures will be covered under the legislation. Historically, occupational and environmental exposures to carcinogens, such as asbestos, may take many years to progress and manifest into conditions as asbestosis, mesothelioma and lung cancer.
Additionally, various respiratory and digestive diseases are being reported including:
1. Interstitial lung diseases.2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.
Related articles
- Public Meeting on Implementation of the Zadroga 9/11 Heath and Compensation Act
- The World Trade Center Health Program Expands The Path to Federalization (workers-compensation.blogspot.com)
- Obama signs Zadroga bill in quiet ceremony (nydailynews.com)
- OSHA Identifies Hazards and Risks of World Trade Center 911 Worksite
- HHA Awards $81 Million for Five-Year Health Screening of World Trade Center Rescue & Recovery Workers
- EPA Downplayed 9-11 Aftermath Toxic Exposures
- World Trade Center Health Registry to Record Those Exposed on 911 for Medical Followup
- Who is Considered a "WTC Responder" under the Zadroga 9/11 Act
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