Workers' Compensation

Tuesday, May 31, 2011

The Next Wave of Workers Compensation Claims: WHO Calls Cell Phones a Potential Cancer Risk

After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation occupational disease claims for cancer of the brain. The increase risk has been identified for glioma, a malignant type of brain cancer .

The research has been mounting concern about the possibility of adverse health effects resulting from exposure to radio frequency electromagnetic fields, such as those emitted by wireless phones. The number of mobile phones in use is estimated at 5 billion annually. The Working Group did not quantitate the risk; however, one study of past cell phone use (up to the year 2004), showed a 40% increased risk for gliomas in the highest category of heavy users (reported average: 30 minutes per day over a 10‐year period).

The WHO/International Agency for Research on Cancer (IARC) has been meeting from May 24 through May 31 in Lyon, France to access the potential carcinogenic hazards from exposure to radio frequency electromagnetic fields.

The IARC Monograph Working Group discussed and evaluated the available literature on the following exposure categories involving radiofrequency electromagnetic fields:

occupational exposures to radar and to microwaves;
environmental exposures associated with transmission of signals for radio, television and wireless telecommunication; and
personal exposures associated with the use of wireless telephones.

A report summarizing the main conclusions of the IARC Working Group and the evaluations of the carcinogenic hazard from radiofrequency electromagnetic fields (including the use of mobile telephones) will be published in The Lancet Oncology in its July 1st issue.

Cells phones have emerged as a significant issue in workers' compensation claims since their use has been a major cause of distracted driving resulting in many serious and fatal accidents on the job. The WHO/IARC report has the potential of causing a major new wave of workers' compensation claims for cancer.

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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Medicare to Partially Resume Workmens Comp Collection Letters

The Centers for Medicare and Medicaid Services (CMS) has announced that its recovery of benefits contractor will resume sending Medicare collection letters to attorneys in workmens compensation cases. The practice was suspended recently following the entry of a Federal Court Order enjoining some recovery practices.

CMS has a statutory obligation to seek recovery of medical benefits that it has paid to beneficiaries in those matters where Medicare is not the primary insurance carrier responsible for medical care. CMS seeks to recovery the money that it has apid from the workers' compensation insurance carrier. The process has evolved where in CMS sends notice to the attorneys in the pending workers' compensation claim seeking reimbursement at the time of resolution of the workers' compensation claim.

The Medicare Secondary Payer Recovery Contractor (MSPRC) is contracted to issue a letter know as the "Review of the Rights and Responsibility Letter" (RAR). The MSPRC has announced that the RAR letters will resume in some format on or about June 10, 2010.

Saturday, May 28, 2011

ASTR Health Survey of Pre-1986 Personnel at Camp Lejeune

ATSDR Health Survey of Pre-1986 Personnel at Camp Lejeune

During June--December 2011, the Agency for Toxic Substances and Disease Registry will conduct a health survey of persons who resided or worked at Marine Corps Base Camp Lejeune in North Carolina before 1986 and might have been exposed to contaminated drinking water. The purpose of the survey is to learn more about participants' health. Health surveys also will be mailed to a comparison group of former active duty marines, sailors, and civilian employees, sampled from those who lived or worked at Marine Corps Base Camp Pendleton in California.

Eligible participants who were formerly at Camp Lejeune include 1) former active duty marines and sailors who were stationed at Camp Lejeune any time during June 1975--December 1985, 2) civilian employees who worked at Camp Lejeune any time during December 1972--December 1985, 3) families who took part in the 1999--2002 ATSDR telephone survey of childhood cancers and birth defects, and 4) persons who registered with the Camp Lejeune notification registry.

Participants will receive a paper copy of the health survey and instructions for completing and mailing. A web-based version of the survey also will be available for those who prefer to answer online. Health-care providers are asked to share information regarding the Camp Lejeune survey with their patients who lived or worked at the base before to 1986 and to encourage those receiving a health survey for either Camp Lejeune or Camp Pendleton to fill it out and return it or complete it online. Additional information is available at http://www.atsdr.cdc.gov/sites/lejeune.

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.

Friday, May 27, 2011

Top 10 Surgery Center Violations

A recent report reveals that 1 out of 2 surgical centers have serious health safety violations. Workmens comp insurance carriers, as well as others, rely heavily upon these centers for surgery since they are less costly to operate than hospitals.

The New Jersey Health Care Quality Institute, (NJDHQI) reviewed state violations in a program funded by a Federal grant. NJDHQI published a report noting that more than 25% of the surgery centers were cited for "Immediate Jeopardy," which is a violation defined as noncompliance with established rules that has caused, or is likely to cause, serious injury, impairment or death to a patient.

The top violations were:

Staff members walked through the sterile operating room in street clothes
The surgery center did not have mandated emergency equipment and medicines on site
The surgery centers had no system to track controlled and regulated medications on site
Physicians and staff did not have current licenses and credentials
The patient beds and floors were not sanitized correctly
Surgical instruments were not cleaned or sanitized correctly
The staff filled out patient charts in advance for convenience
Single use items were used more then once on a patient
The facility did not maintain an ongoing infection control program
The surgery center failed to obtain consent from patients prior to permitting physician residents in an educational program participate in their surgeries.

Click here to read the report.

Occupational Safety Recognized as One of the Top Ten Great Health Achievements

During the 20th century, life expectancy at birth among U.S. residents increased by 62%, from 47.3 years in 1900 to 76.8 in 2000, and unprecedented improvements in population health status were observed at every stage of life (1). In 1999, MMWR published a series of reports highlighting 10 public health achievements that contributed to those improvements. This report assesses advances in public health during the first 10 years of the 21st century. Public health scientists at CDC were asked to nominate noteworthy public health achievements that occurred in the United States during 2001--2010.

Occupational Safety

Significant progress was made in improving working conditions and reducing the risk for workplace-associated injuries. For example, patient lifting has been a substantial cause of low back injuries among the 1.8 million U.S. health-care workers in nursing care and residential facilities. In the late 1990s, an evaluation of a best practices patient-handling program that included the use of mechanical patient-lifting equipment demonstrated reductions of 66% in the rates of workers' compensation injury claims and lost workdays and documented that the investment in lifting equipment can be recovered in less than 3 years (45). Following widespread dissemination and adoption of these best practices by the nursing home industry, Bureau of Labor Statistics data showed a 35% decline in low back injuries in residential and nursing care employees between 2003 and 2009.

The annual cost of farm-associated injuries among youth has been estimated at $1 billion annually (46). A comprehensive childhood agricultural injury prevention initiative was established to address this problem. Among its interventions was the development by the National Children's Center for Rural Agricultural Health and Safety of guidelines for parents to match chores with their child's development and physical capabilities. Follow-up data have demonstrated a 56% decline in youth farm injury rates from 1998 to 2009 (National Institute for Occupational Safety and Health, unpublished data, 2011).

In the mid-1990s, crab fishing in the Bering Sea was associated with a rate of 770 deaths per 100,000 full-time fishers. Most fatalities occurred when vessels overturned because of heavy loads. In 1999, the U.S. Coast Guard implemented Dockside Stability and Safety Checks to correct stability hazards. Since then, one vessel has been lost and the fatality rate among crab fishermen has declined to 260 deaths per 100,000 full-time fishers.

Reported by: Domestic Public Health Achievements Team, CDC. Corresponding contributor: Ram Koppaka, MD, PhD, Epidemiology and Analysis Program Office, Office of Surveillance, Epidemiology, and Laboratory Services, CDC; rkoppaka@cdc.gov, 347-396-2847.

Thursday, May 26, 2011

Driving Home From A Conference Held to Be Compensable

The employee's travel which resulted in his fatal injuries while he was driving from home in a vehicle furnished by his employer to an overnight conference outside his normal work area at the employer's request, was held to be compensable for workers' compensation purposes. The travels originated in, and furthered, the business of his employer and, thus, occurred "in course of employment." Even though the accident occurred on the way to pick up a coworker who had the same job as the employee and was also required to attend the same conference, death benefits were payable.

"As previously noted, an employee's travel between home and work furthers the affairs of the employer (the second element of the course and scope definition) because it makes employment possible. Thus, the propriety of summary judgment hinges on the definition's first element—whether the travel originated in the employer's business. There is no bright-line rule for determining whether employee travel originated in the employer's business. Rather, each situation is necessarily dependent on the facts. As a general rule, an employee's travel originates in his employer's business if the travel was pursuant to the express or implied requirements of the employment contract. This reflects the underlying policy goal of allocating to the employer and insurance carrier the risks inherent in an employee's job while leaving to the employee risks that are “shared by society as a whole and do not arise as a result of the work of the employer.” When the employer requires the employee to travel as part of its business—i.e., pursuant to the contract of employment—the risk of traveling stems from that business and properly can be said to arise as a result of the employer's business." [Cites omitted]

Zurich American Ins. Co. v McVey, No. 03–09–00666–CV, 2011 WL 1238657 )Tex. App. - Austin, 2011) Decided March 30, 2011.

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