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

Friday, May 13, 2011

Common Themes, The Green Mountain System & Newt Gingrich


Editors note: This is a re-post of yesterday's blog. Google had a systemwide issue and during their maintenance they did not restore this post.

Common themes of a single payer medical system are emerging. History can repeat itself. The announcement by NewtGingrich to run for the presidency in 2012, and the anticipated signing of the Vermont Single Payer medical care legislation, may set the stage for "the perfect storm" to gather impetus for a system that brings workers' compensation care into a unified system.

As the Vermont legislation goes to Governor Peter Shumlin for signing in a couple of weeks, the eyes of the nation will switch focus to the debate in Washington and the presidential race of 2012. Congress and the new administration will be required to focus on the issue of waivers that will be effective in 2014. 

Newt Gingrich had advocated in the past to move the cost occupational medical care onto the backs of employees. He would relieve employers from contributing to workers' compensation medical care and Medicare.

Workers' Compensation is a summary and remedial system that affords injured workers medical care to cure and relieve medical conditions that result from occupational exposures and accidents. In most instances employees find it necessary and prudent to retain the professional assistance of an attorney to assist them in obtaining medical treatment for work related accidents and occupational exposures.

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 accidents and illnesses.

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Wednesday, May 11, 2011

Common Themes, The Green Mountain System & Newt Gingrich

Common themes of a single payer medical system are emerging. History can repeat itself. The announcement by Newt Gingrich to run for the presidency in 2012, and the anticipated signing of the Vermont Single Payer medical care legislation, may set the stage for "the perfect storm" to gather impetus for a system that brings workers' compensation care into a unified system.

As the Vermont legislation goes to Governor Peter Shumlin for signing in a couple of weeks, the eyes of the nation will switch focus to the debate in Washington and the presidential race of 2012. Congress and the new administration will be required to focus on the issue of waivers that will be effective in 2014. 

Newt Gingrich had advocated in the past to move the cost occupational medical care onto the backs of employees. He would relieve employers from contributing to workers' compensation medical care and Medicare.

Workers' Compensation is a summary and remedial system that affords injured workers medical care to cure and relieve medical conditions that result from occupational exposures and accidents. In most instances employees find it necessary and prudent to retain the professional assistance of an attorney to assist them in obtaining medical treatment for work related accidents and occupational exposures.

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 accidents and illnesses.

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Recommendations Released for Use of Spirometry in the Occupational Setting

The Occupational and Environmental Lung Disorders Committee of the American College of Occupational and Environmental Medicine (ACOEM) has published a report making recommendations equipment performance (Specifications,Validation, Accuracy and Error Avoidance); how to conduct tests; comparing results with reference vales; and evaluating results over time.


Click here for the Complete Report: http://tinyurl.com/6h8pqkk
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Tuesday, May 10, 2011

Concentra Denied a Protective Order in Wal-Mart RICO Lawsuit

Concentra was denied a protective order in a pending Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq. claim filed in Federal Court in Colorado. The plaintiffs allege that Wal-Mart withheld, delayed, denied and dictated treatment to Wal-Mart workers who filed workers' compensation claim.


In the case, Concentra, a health care company, sought to prohibit plaintiff's attorneys from contacting any Concentra Medical Staff member, former or current, on an ex-parte basis. The Court denied the request.

Gianzero v. Wal-Mart Stores, Inc., 2011 WL 1740624 (D. Colo. 2011) Decided May 5, 2011.
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Monday, May 9, 2011

Majestic Insurance Files for Bankruptcy

Another workers' compensation insurance company has filed for bankruptcy protection. Majestic Capital Limited, has filed for Chapter 11 with over $50 Million in liabilities.

In re Majestic Capital Ltd, 11-36225, U.S. Bankruptcy Court, Southern District of New York (Poughkeepsie).

Majestic Capital, Ltd. (Majestic Capital) (Nasdaq: MAJC) today announced that on Friday, April 29, 2011, it commenced bankruptcy proceedings by filing a petition under Chapter 11 of the US Bankruptcy Code. Such filing was made in the United States Bankruptcy Court for the Southern District of New York (the "Court") and was assigned case no. 11-36225.

Simultaneously with such filing, the following Majestic Capital subsidiaries also commenced bankruptcy proceedings under the jurisdiction of the Court by filing petitions pursuant to Chapter 11 of the US Bankruptcy Code under the case numbers indicated below:
Name of Subsidiary  Case No.

Majestic USA Capital, Inc. 11-36221
Compensation Risk Managers, LLC 11-36226
Compensation Risk Managers of California, LLC 11-36230
Eimar, LLC 11-36232
Embarcardero Insurance Holdings, Inc. 11-36234

Majestic Capital and its above-mentioned subsidiaries remain in possession of their respective assets and business, but subject to the supervision of the Court.

Trading in Majestic Capital's common stock on the Nasdaq Capital Market was halted today, and shall remain halted through the effective date of Majestic Capital's voluntary delisting pursuant to the notice of delisting that it filed with the SEC on April 29, 2011.

About Majestic Capital, Ltd.

Majestic Capital, through its subsidiaries, is a specialty provider of workers' compensation insurance products and services. Further information aboutMajestic Capital and its business can be found on Majestic Capital's website at http://www.MajesticCapital.com.
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Missouri, The Second Injury Fund and Paying Up

The St. Louis Post Dispatch today called upon the State of Missouri to do the right thing and stop hold injured workers hostage. In an editorial it declares that injured workers should receive benefits that they have been awarded un the Missouri workers' compensation Second Injury Fund which is now underfunded and unable to meet payment.

Citing the flight of an injured iron worker, Harold Frick, it calls for immediate payment now and compromise going forward to resolve the economic issues facing the Missouri workers' compensation system. Like most workers' compensation systems throughout the US, Missouri's system is facing serious economic challenges as it is confronted by a declining economic base upon which to draw premiums to support the system,

In order to insure that workers who have been injured previously can obtain gainful employment, the many legislatures created a second injury fund to insulate subsequent employers from responsibility for prior disability if the employee in question became totally disabled from a compensable accident or event during the last employment. The fund was established to encourage the employment of the handicapped by alleviating the burden placed upon the employer for compensation benefits should the injured worker become totally and permanently disabled. A question now exists on how to finance these funds that have disolved already in many jurisdictions.

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 accidents and illnesses.


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Sunday, May 8, 2011

Medical Monitoring Available Under the Zadroga 9-11 Health Compensation Fund


The World Trade Center Medical Monitoring Program is funded by the National Institute for Occupational Safety and Health under the Zadroga Act which was enacted last year.

MEDICAL TREATMENT for 9/11 responders
The program provides free treatment, including: doctor's visits, diagnostic testing and medications for WTC-covered conditions. Here is a list of covered conditions:
Aerodigestive Disorders

New onset or aggravation of pre-existing conditions for which clinical findings suggest onset is related to WTC exposure/injury:
  • Interstitial lung diseases
  • Chronic Respiratory Disorder –Fumes/Vapors
  • Asthma
  • Reactive Airways Dysfunction Syndrome (RADS)
  • WTC-exacerbated chronic obstructive pulmonary disease (COPD)
  • Chronic Cough Syndrome
  • Upper airway hyperreactivity
  • Chronic rhinosinusitis
  • Chronic nasopharyngitis
  • Chronic laryngitis
  • Gastro-esophageal Reflux Disorder (GERD)
  • Sleep apnea exacerbated by or related to the above conditions

Mental Health Conditions
New onset or aggravation of pre-existing conditions for which clinical findings suggest onset is related to WTC exposure/injury:
  • Post Traumatic Stress Disorder (PTSD)
  • Major Depressive Disorder
  • Panic Disorder
  • Generalized Anxiety Disorder
  • Anxiety Disorder (not otherwise specified)
  • Depression (not otherwise specified)
  • Acute Stress Disorder
  • Dysthymic Disorder
  • Adjustment Disorder
  • Substance Abuse
“V codes” (treatments not specifically related to psychiatric disorders, such as marital problems, parenting problems etc.)

Musculoskeletal Disorders
New onset or aggravation of pre-existing conditions for which careful review of symptoms or other clinical information suggests relationship to WTC exposure/injury:
  • Low back pain
  • Carpal Tunnel Syndrome (CTS)
  • Other musculoskeletal disorders
Are you eligible?
This program serves the workers and volunteers who responded to the September 11th attacks. If you did any paid work or volunteered, on or after September 11th, that was directly related to the disaster, you may qualify. To find out whether you are eligible, call 888-702-0630 or download and fill out an eligibility questionnaire and fax it to us at 212-241-1850.

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 and enviornmental exposures. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

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