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

Tuesday, May 24, 2011

IARC To Issue Report on Cell Phones

The World Health Organization (WHO) is expected to release a decision by June 1st as to whether the radiation emitted from cellphones causes cancer. Scientists at the WHO’s International Agency for Research on Cancer will take part in an eight-day meeting in Lyons, France starting May 24, 2011. 

The use of cell phones in the course of employment is a major concern as it results in distracted driving accidents. The new report will determine if employer mandated cell phone use can be causally connected to occupational cancer claims.


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.

Court Permits Deduction of Procurement Costs From Medicare Set-Aside in Liability Claim

Following the guidelines of the CMS Management Memo entitled "Medicare Secondary Payer - Workers Compensation (WC) Information" dated May 7, 2004, and the interpretation of 42 CFR 411.37, a NJ Court granted an attorney the deduction of procurement costs from a Medicare Set-Aside Trust.

"This court's decision to apply 42 C.F.R. § 411.37 to funds obtained in a civil action and placed in a Medicare set aside is also in line with general principles of equity. Where a plaintiff is, or will within a short time become, a Medicare recipient, the plaintiff's attorney also works on behalf of Medicare to secure funds to pay future medical expenses Medicare would otherwise pay. To allow Medicare to avoid paying an equitable share of the procurement fees for a judgment or settlement amount, forcing the plaintiff to cover all the fees, would be unfair to plaintiffs. In some situations, a plaintiff may end up getting nothing after creating the set aside and paying attorneys' fees or may even have to pay money out of pocket to his attorney after a lengthy trial. Such a result would not only be inequitable, it would deter persons on Medicare who are injured by the tortious acts of others from bringing claims."

Hinsinger v. Showboat Atlantic City, L-3460-07, 2011 WL 1885980 (NJ Super Law Division 2011), decided May 19, 2011.

Monday, May 23, 2011

CMS Announces Review is Only a Recommended Process for Set-Aside Agreements

The Centers for Medicare and Medicaid Services (CMS) has just announced a clarification of its prior memos concerning the review of Workers Compensation proposed Set Aside Agreements and also indicates that submission is an elective process.

"Submission of a WCMSA proposal to CMS for review and approval is a recommended process. There are no statutory or regulatory provisions requiring that a WCMSA proposal be submitted to CMS for review. However, if an entity chooses to use the WCMSA review process, CMS requests that it comply with the established policies and procedures referenced on its Web site. Claimants, employers, carriers, and their representatives should be encouraged regularly to monitor this dedicated workers’ compensation Web site for changes in policies and procedures."

CMS indicated that, "A WCMSA should not be submitted to CMS when the resolution of the workers’ compensation claim results in the medical portion of the claim is being left open." In the memo, CMS reiterates the threshold levels and eligibility for review criteria.


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Latest Workers Compensation Data Reviewed by Professor John Burton

The Workers' Compensation Resources Research Report (Issue) has just been published. The report is edited by Professor Emeritus John F. Burton, Jr

This issue of the Workers’ Compensation Resources Research Report(WCRRR) examines the employers’ costs of workers’ compensation based on the latest data from the Bureau of Labor Statistics. Part I provides information on the national costs of workers’ compensation from 1986 to 2010. For employers in the private sector, costs dropped for the fifth year in a row and were 1.95 percentage of payroll in 2010. For all non-federal government employees, the employers’ costs of workers’ compensation were 1.87 percent of payroll, continuing a five-year trend of declining costs. Part II of the WCRRR provides data on the differences in the employers’ costs of workers’ compensation due to factors such as geographical location, industry, union status, and occupations of the firm’s employees. The variations of workers’ compensation costs among industries were significant, ranging from 5.75 percent of payroll in construction to 0.63 percent of payroll in the financial industry.

For more information and to order a copy click here.

Click It or Ticket Campaign --- May 23--June 5, 2011

In 2009, motor vehicle crashes resulted in approximately 23,000 deaths to passenger vehicle occupants (excluding motorcyclists), and 2.6 million occupants were treated for injuries in emergency departments in the United States. Many motor vehicle accidents occur in the course of employment and are the subject of workers' compensation claims. Although seat belt use in the United States is now estimated at 85%, millions of persons continue to travel unrestrained. Using a seat belt is one of the most effective means of preventing serious injury or death in the event of a crash. Seat belts saved an estimated 12,713 lives in 2009, but almost 4,000 additional lives could have been saved if every occupant had been buckled up.

Click It or Ticket, a national campaign coordinated annually by the National Highway Traffic Safety Administration (NHTSA) to increase the proper use of seat belts, takes place May 23--June 5, 2011. Law enforcement agencies across the nation will participate by conducting intensive, high-visibility enforcement of seat belt laws. Campaign activities will focus on young adult men (aged 18--34 years) and on nighttime travel. Additional information regarding Click It or Ticket activities is available from NHTSA at http://www.nhtsa.gov. Additional information on preventing motor vehicle crash injuries is available from CDC at http://www.cdc.gov/motorvehiclesafety.

References
National Highway Traffic Safety Administration. Traffic safety facts 2009: early edition. Washington, DC: US Department of Transportation; 2010. DOT-HS-811-402. Available at http://www-nrd.nhtsa.dot.gov/pubs/811402ee.pdf . Accessed May 12, 2011.
CDC. WISQARS (Web-based Injury Statistics Query and Reporting System). Available at http://www.cdc.gov/injury/wisqars. Accessed May 12, 2011.
Beck LF, West BA. Nonfatal, motor vehicle--occupant injuries (2009) and seat belt use (2008) among adults---United States. MMWR 2001;59:1681--6.
National Highway Traffic Safety Administration. Lives saved in 2009 by restraint use and minimum-drinking-age laws. Washington, DC: US Department of Transportation; 2010. DOT-HS-811-383. Available at http://www-nrd.nhtsa.dot.gov/Pubs/811383.pdf . Accessed May 12, 2011.

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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Safer Chemical Industry WIll Produce More Jobs


A new economic study shows that that by shifting a fifth of the plastic production to bioplastics the industry would be safer and the action would result in creating more than 100,000 new jobs. Creating new markets in sustainable chemistry would enable the US chemical industry to remain competitive in the global economy and would result in a cleaner and more productive industry. Therefore there would be fewer workers' compensation claims caused by occupational exposures to hazards of the chemical industry.

The study released today shows, for the first time, that federal chemical policy reform can support job creation in the U.S. chemical industry while protecting public health and the environment. The study, produced by the Political Economy Research Institute (PERI) and commissioned by the BlueGreen Alliance, shows that innovation in sustainable chemistry can reverse the industry's job shedding trend in a market that increasingly requires cleaner, safer production.

The new report - The Economic Benefits of a Green Chemical Industry in the United States: Renewing Manufacturing Jobs While Protecting Health and the Environment - demonstrates that the U.S. chemical industry shed 300,000 jobs since 1992, despite production increasing by 4 percent per year. Under the current scenario, the industry stands to lose approximately 230,000 jobs in the next 20 years. But contrary to arguments that chemical policy reform will cost jobs and stifle innovation, the report demonstrates that innovation in sustainable chemistry presents new opportunities to reverse the job shedding trend. For example, if 20 percent of current production were to shift from petrochemical-based plastics to bio-based plastics, 104,000 additional jobs could be created in the U.S. economy.

"This report charts a different course to update and revitalize an industry so important to our security," said Leo W. Gerard, International President of the United Steelworkers (USW), which represents some 30,000 chemical workers in North America. "Instead of our members losing quality jobs in the chemical industry and accepting the myth that policy reform will somehow cost more jobs, TSCA reform will create sustainable, good-paying jobs while protecting the health of workers and the environment by encouraging investment in education, technology and research."

The Economic Benefits of a Green Chemical Industry argues that the U.S. chemical industry has relied on cost cutting to remain profitable, which has eliminated American jobs, while under-investing in innovation. The industry spends just 1.5 percent of sales on research and development, compared to 3.4 percent for the manufacturing sector as a whole. By taking clear steps toward sustainable production, spurred by chemical policy reform like the Safe Chemicals Act of 2011, the U.S. chemical industry will become more competitive by: lowering costs for the industry and downstream users, ensuring access to important global markets, reducing waste by using inputs more efficiently, curtailing future cost pressures from non-renewable fossil-fuel inputs, meeting demands from consumers for safer products, protecting shareholder value, and encouraging research and development of innovative products.

"This study shows that an effective regulatory environment will support the chemical industry's ability to take advantage of new markets in sustainable chemistry," said James Heintz, Associate Director of the Political Economy Research Institute. "Either we can continue with weak and ineffective regulation - continuing to produce potentially hazardous chemicals while manufacturing jobs disappear - or we can move toward disclosure, regulation, and sustainability; encourage innovation; create stability for businesses and investors; and build new markets for safe and sustainable chemicals."

The report makes three recommendations to build a stronger chemicals industry. First, it recommends reforming TSCA to create an effective new regulatory environment that reduces hazards and supports innovation and competitiveness. The second recommendation is to implement complementary policies to promote innovation, commercialization, and the development of human resources to create a greener and safer chemical industry. Finally, it recommends disseminating environmental and health-related information on the chemical industry as widely as possible to improve the choices available to consumers, workers, downstream users, and investors and to mobilize investment in emerging opportunities.

"The prevalence of toxic chemicals in our everyday lives threatens public health and the environment," said Frances Beinecke, President of the Natural Resources Defense Council, a partner in the BlueGreen Alliance. "Chemical policy reform will ensure that the Environmental Protection Agency has the power to protect people from dangerous chemicals."

"The United States is searching for answers to our unemployment crisis and this report - demonstrating the job-creating potential of chemical policy reform - shows that embracing sustainable chemistry provides just the opportunity our economy needs, while protecting the health of our people and our environment," said BlueGreen Alliance Executive Director David Foster.


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.

Saturday, May 21, 2011

Illinois Workers Compensation - It is time for a "Do Not Resuscitate" Order

It is ironic that one of the leading states in workers' compensation, Illinois, is about to watch the system implode. It was a predictable event. Employers created and manipulated the system for their own interests for years by taking away more and more of the rights of injured workers. 

Industry has literally chopped the system to death through their reform efforts. Now they want to put fault into a system whose foundation was built upon none. Employers can no longer shield themselves from the medical expenses of the big-ticket items like the costs of medical expenses for the last year of life, especially in occupational disease situations. The Centers for Medicare and Medicaid Service (CMS) has caught them with their pants down by the legislatively invoked mandatory reporting statute under the Medicare Secondary Payer Act (MSP). The occupational disease claims that the insurance companies have played hide and seek with for years now are haunting them. 

The great Ponzi scheme, workers' compensation, that Industry created to handle occupational injuries in an assembly-line process, is now crashing. There is no economic base upon which to support workers' compensation programs into the future. Like Elvis, the Industrial sector has "left the building." Unemployment has continued in such high numbers, for so long, that union welfare funds are totally depleted as their members sit idle in union halls hungry for work and go bare for health insurance coverage. US corporations have moved both their operations and headquarters to greener pastures, overseas, leaving this country with a legacy of industrial waste, both environmental and human. 

The next step will be what is already in the works. Both liberals and conservatives have endorsed a national health plan. Prototypes are emerging on both the State and Federal levels. The question will be how to fund them. Such plans will cover medical care for injured workers without delay and costly administrative issues. Giving employees access to the civil justice system, and allowing recoveries against employers who fail to maintain safe industrial environments will ultimately solve the need for adequate compensation. A real economic incentive will then be established for employers to make the workplace safer instead of merely ignoring safety rules and regulations and looking for cover under a low cost workers' compensation insurance policy. 

The remaining crumbs of the workers' compensation systems that remain in the country are now being exploited by a cottage industry of economic vultures that are attempting to abuse and game the system for their own benefit. The third party vendors that hawk medical programs and pharmaceuticals for insurance carriers, and lien/claim resolution companies, are the only ones who are going to benefit from what remains. They are hacking up the system like the New England whalers of the Northeast who hunted down and decimated sperm whales, and sliced up their corpses to extract the oil for industrial lubricants and fuel, and then rendered the chopped up blubber for oil products. 

What is happening in Illinois to the workers' compensation system, is that the system is being slashed to death and rendered inoperable. It is a national issue. Those who realize that it is too late to save the system have invoked a "Do Not Resuscitate" (DNR) order. It is time to come to the realization that the workers' compensation program no longer has a quality of life to maintain the noble aspirations of its crafters. May it rest in peace.

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