Copyright

(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Thursday, April 14, 2011

Privacy, Clients and Social Media Discussion


Social networking has become a popular topic within the workers’ comp community.  In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking in the workers’ comp world. Alan and Jon discuss privacy and their clients, client responsibility when it comes to putting up information on social media sites and how social networking can be used as a portal to monitor clients.

Listen - Page URL:    http://legaltalknetwork.com/podcasts/workers-comp-matters/2011/04/privacy-clients-and-social-media/

Listen - MP3 Link:    http://legaltalkmedia.com/LTN/WCM/WCM_030911_SocialNetworking.mp3

Quebec Does the Dirty Deed - Funds Asbestos Production

After years of controversy, the Quebec government has agreed to give $7.5 million dollars to Jeffrey Mine so that they can dig up more asbestos and spread the cancer causing agent throughout the world. This repugnant and unconscionable action is nothing less than immoral

"Reopening the Jeffrey Mine will create 425 full-time jobs in Asbestos," the minister said.  Yes this will definitely a job creation bill, in the saddest way possible. It would also require massive amount of medical teams to treat asbestos victims throughout the world, as Quebec exports this poison worldwide.  

It is time that asbestos was banned worldwide. Yes, the United States should show by example!


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.

Playing the Fraud Card - The Boat Named Free Ride

In recent testimony before the US House of Representatives' Committee on Oversight and Government Reform, David C. Williams, Inspector General of the US Postal Service, reported widespread fraud in the system, and with an entourage of others, urged "significant reform" of the Federal Employees Compensation Act (FECA) Program. 

He said, "The Postal Service is the largest FECA participant, paying more than $1 billion in benefits and $60 million in administrative fees annually, creating a long-term liability of $12.6 billion. As of February 2011, the Postal Service had about 15,800 disabled employees. Over 8,700 were at least age 55, about 3,100 were at least age 65, and about 900 were between age 80 and 98. "

"...Since October 2008, we have removed 476 claimants based on disability fraud, recovered $83.5 million in medical and disability judgments, and halted significant future losses. In one investigation, a fraudulent claimant received $142,000 in benefits while she was working as a real estate agent, and we had pictures of her hiking and bungee jumping. She even bought a boat named “Free Ride.” Other investigations have found fraudulent claimants working as martial arts instructors, landscapers, hairdressers and mechanics."


What is really sad is that the plot is aways the same. When the budget needs to be balance, the target unfortunately becomes those who are compromised and limited in ability to defend themselves, the injured worker. There is always a bad sailor on the ship, but there is no need to have everyone walk the plank.  Agreed that the system is 95 years old and doesn't function efficiently, as is mirrored other jurisdictions. The fraud card is merely an excuse and not a remedy. Maybe it is time for a new approach entirely to help injured workers by resolving the medical delivery problems and creating a unified and universal Federal approach. 

Wednesday, April 13, 2011

Wisconsin and Workers' Comp "Reform"



Guest Blog by Thomas M. Domer  


Headlines screaming for “Workers’ Comp Reform” are blaring in many states (CA,FL, NY, OH, NC, and most recently IL). In Illinois, the state’s much-criticized system is under fire and legislation to totally dismantle the system is proposed. Wisconsin has thus far managed to dodge partisan efforts to scrap the system due in large part to the stabilizing effect of the Wisconsin Workers’ Comp Advisory Council. The Wisconsin Worker's Compensation Advisory Council was created in 1975 to advise the Department and legislature on policy matters concerning the development and administration of the workers' compensation law. The Council aims to maintain the overall stability of the workers' compensation system without regard to partisan changes in the legislative or executive branches of government. The Council provides a vehicle for labor and management representatives to play a direct role in recommending changes in the workers' compensation law to the legislature.

The council, composed of five labor, five management and three non-voting insurance members appointed by the secretary of the Department of Workforce Development and chaired by a department employee, meets regularly at different sites around Wisconsin. It occasionally assigns special topics to study committees on such issues as medical costs, permanent total disability rates and attorney's fees. The medical committee assigned in the mid-1990's to report on minimum permanency percentages for surgical procedures, for example, issued its findings which resulted in the schedule contained in the Administrative Code.

The Council obtains input from various workers' compensation constituents including interested members of the legal, medical, labor, management, insurance and employer communities. Public hearings on proposed changes are held, followed by Advisory Council deliberations. The Council has always produced an “agreed upon bill” which results in annual changes in benefit rates and substantive law. The bill proceeds to the Labor Committees in the Wisconsin Assembly and Senate where, after passage, the Governor signs the bill into law. (Republican Governor Scott Walker’s recent attempt to eviscerate public sector bargaining, which prompted the infamous flight to Illinois of the “Wisconsin 14” Democratic Senators, has had a “spillover” affect even on the Council. Labor members, in response to the Governor’s union-busting efforts, have boycotted the last 2 Council meetings).


Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts Blog.

Workers Compensation Taxable Rules US Tax Court

Seal of the United States Tax Court. Source: h...Image via WikipediaThe US Tax Court has ruled that workers' compensation payments are not excluded from US income tax under Section 104(a)(1) if they are paid as a Social Security Setoff Section 86(d)(3).

The majority of the states permit Social Security to take the setoff. A minority of states allow a reverse setoff where the insurance carrier takes the setoff, and the workers' compensation benefits are reduced.

“Nevertheless, … we are duty-bound to apply the law as written by Congress to the facts as they occurred and not as they might have occurred. Because [the taxpayer's] Social Security benefits were reduced by the amount of workers’ compensation benefits received, that offset amount is treated as a Social Security benefit and is, therefore, taxable,” the court said.


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 work related accidents and injuries.

Tuesday, April 12, 2011

A New TV Sickcom - Workers Comp

Two 19 year old writers have come up with a plot for a television series about workers' compensation claimants. Robert Carradine, Charley Koontz (Community), Castille Landon and Jennifer Lee Wiggins star in the upcoming series about a family insurance company and the workers' compensation claims they are forced to manage.

"Workers' Comp is a half-hour comedy about a small workers compensation insurance company whose employees are as bizarre and insane as the absurd, often fraudulent, on-the-job injury claims the carrier faces. The show centers on five main characters working at the family-owned Pinnacle Workers' Compensation Insurance Company. Inspired by real-life incidents, the show offers viewers an unusual vantage point, giving them insight into the who's-scamming-who? dynamic between insurance companies and claimants. Zoe Arendes is the twenty-year-old daughter of wacky company owner, Joan. Though Joan has several other endeavors, which consume her time, she refuses to validate Zoe by handing over the reins of the company. Kevin Andrews, the firm's defense attorney, has no regard for Zoe's insistence on professionalism in the workplace. Lonny, who joined the staff after suffering his own on-the-job injury, is an inappropriate oaf. Rounding out the primary staff is Lynn, a manipulative adjuster who manages to convince claimants of her devotion to them, only to catch them at their most vulnerable point and drive them to settle their claim for as little as possible, regardless of their personal circumstances. As we follow this controversial team through hilarious story lines, we see the complicated dealings of a small business and the individuals who make it all work."

Monday, April 11, 2011

US OSHA Warns Workers of Brazilian Blowout Formaldehyde Hazards

US Labor Department’s OSHA issues hazard alert to hair salon owners, workers on smoothing and straightening products that could release formaldehyde
The U.S. Department of Labor's Occupational Safety and Health Administration is issuing a hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with some hair smoothing and straightening products.
The hazard alert, available on OSHA's website at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html, provides information about OSHA's investigations, the health hazards of formaldehyde and how to protect people who are working with hair smoothing and straightening products.
Responding to complaints and referrals about possible exposure to formaldehyde, federal OSHA and many state occupational safety and health agencies are conducting investigations. Oregon's Occupational Safety and Health Administration, Connecticut's Department of Public Health, and agencies in several other states already have issued warnings.
Federal OSHA has found formaldehyde in the air when stylists used hair smoothing products, some of which do have formaldehyde listed on their labels or in material safety data sheets as required by law. During one investigation, the agency's air tests showed formaldehyde at levels greater that OSHA's limits for a salon, even though the product tested was labeled as formaldehyde-free. California's Occupational Safety and Health Administration recently issued violations to an importer and distributer of smoothing products labeled formaldehyde-free for failing to list formaldehyde as a hazardous ingredient on the company's product labels and in the material safety data sheets.
Formaldehyde presents a health hazard if workers are exposed. It can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is linked to nose and lung cancer.
OSHA requires manufacturers, importers and distributors of products that contain formaldehyde as a gas or in solution, or that can release formaldehyde during use, to include information about formaldehyde and its hazards on product labels and in the material safety data sheets that are sent to employers.
"Workers have the right to know the risks associated with the chemicals with which they work, and how to protect themselves," said federal OSHA Assistant Secretary Dr. David Michaels. "Employers need to know these risks in order to ensure the safety and health of their employees."
To eliminate potential worker exposure, OSHA recommends that salon owners use products that do not contain formaldehyde, methylene glycol, formalin, methylene oxide, paraform, formic aldehyde, methanal, oxomethane, oxymethylene or Chemical Abstract Service Number 50-00-0.
If a salon owner decides to continue using a formaldehyde-containing hair smoothing product, then he or she must follow OSHA's formaldehyde standard. Important requirements of this standard include conducting air monitoring, installing ventilation where needed and training workers about formaldehyde, as well as providing protective equipment such as gloves, chemical splash goggles, face shields and chemical resistant aprons.
The material safety data sheet includes important information about what a product contains and how the ingredients can affect a worker's health. Salon owners and other employers must have a material safety data sheet for any of the products they use that contain hazardous chemicals. They must also make the sheet available to stylists and other workers.
OSHA currently has a number of ongoing investigations at salons and of importers/distributors/manufacturers relating to hair smoothing and straightening products. Some citations have been issued.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
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 occupational disease.