Workers' Compensation

Tuesday, June 14, 2011

Penalties, Paper and The Injured Worker

A penalty of $140,000.00 against an employer for reporting a work-related accident one day late seems a litte much. As David Depaolo points out in his recent post, the world of workers' compensation is drowning in complexity. The days of "simple" have past. The legislative intent of a remedial and summary system has gone by the boards.

Besides being a collection agency with no operating funds, the workers' compensation litigation arena is now being suffocated in litigation detail. In more ways than one, workers' compensation now has the complexity of sophisticated product liability litigation. We have transformed workers' compensation into "A Federal Case."

In this process, when the efficiency suffers so does the injured worker. The compensation system has matured into this level of complexity not because of the intent or design of the parties. It got there because the system just wasn't build to handle the load.

Like a burdened electric grid, the system will have to shed load. The question is how. Are benefits to be eliminated or does the system need to be redesigned to fullfil the needs of today's complex world? Legislatures are struggling across the country to find a solution. The bottom line is that we shouldn't throw out the baby with the bathwater. The solution must incorporate the needs on the injured worker. One must remember, as a tour through Ellis Island memorializes, that this country was build on the backs of immigrant labor. As the redesign goes forward, as it must, the injured worker must not become a helpless pawn in the system.

Saturday, June 11, 2011

Formaldehyde Is A Cancer Causing Agent Reports US Government

The U.S. Department of Health and Human Services announced today that eight substances have been added to its Report on Carcinogens, a science-based document that identifies chemicals and biological agents that may put people at increased risk for cancer. Formaldehyde has been reportedly used in hair straightening products causing potential danger to hair salon workers and users of the products.

The industrial chemical formaldehyde and a botanical known as aristolochic acids are listed as known human carcinogens. Six other substances — captafol, cobalt-tungsten carbide (in powder or hard metal form), certain inhalable glass wool fibers, o-nitrotoluene, riddelliine, and styrene — are added as substances that are reasonably anticipated to be human carcinogens. With these additions, the 12th Report on Carcinogens now includes 240 listings. It is available at http://ntp.niehs.nih.gov/go/roc12.

"Reducing exposure to cancer-causing agents is something we all want, and the Report on Carcinogens provides important information on substances that pose a cancer risk," said Linda Birnbaum, Ph.D., director of both the National Institute of Environmental Health Sciences (NIEHS) and the National Toxicology Program (NTP). "The NTP is pleased to be able to compile this report."

John Bucher, Ph.D., associate director of the NTP added, "This report underscores the critical connection between our nation's health and what's in our environment."

The Report on Carcinogens is a congressionally mandated document that is prepared for the HHS Secretary by the NTP. The report identifies agents, substances, mixtures, or exposures in two categories: known to be a human carcinogen and reasonably anticipated to be a human carcinogen. A listing in the Report on Carcinogens does not by itself mean that a substance will cause cancer. Many factors, including the amount and duration of exposure, and an individual's susceptibility to a substance, affect whether a person will develop cancer.

Once a substance is nominated by the public or private sector and selected for consideration, it undergoes an extensive evaluation with numerous opportunities for scientific and public input. There were at least six opportunities for public input on each substance. The NTP used established criteria to evaluate the scientific evidence on each candidate substance under review. The NTP drew upon the scientific expertise of several federal agencies, including the National Institutes of Health, Centers for Disease Control and Prevention, Agency for Toxic Substances and Disease Registry, U.S. Food and Drug Administration, U.S. Environmental Protection Agency, U.S. Consumer Product Safety Commission, and Occupational Safety and Health Administration.

"The strength of this report lies in the rigorous scientific review process," said Ruth Lunn, Dr.P.H., director of the NTP Office of the Report on Carcinogens. "We could not have completed this report without the significant input we received from the public, industry, academia, and other government agencies."

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.

Thursday, June 9, 2011

3 Ways Infections Become Compensable in Workmens Comp

Infections are nasty and sometimes fatal. Ill employees maybe entitled to collect workmens comp benefits for the treatment and residuals of an infection. Infections are considered communicable diseases and are contagious. There are 3 types of infections that be eligible for payment.

Infections that flow from a traumatic event are generally compensable. Even if there is a delay in seeking professional medical care the injured employee may be entitled to benefits. Sometimes the infections is dormant and does not become manifest for some time after the traumatic event that caused the injury. Preventative antibiotic treatment is sometimes recommended.

Some infections are contracted during treatment such as infection that are acquired during hospital stay. Those are called Hospital Acquired Infections (HAI). These infection are expensive to treat and are a major concern to insurance carriers and government insurance programs such as Medicare. Medicare plans to impose economic penalties on hospitals for infections, ie. staph (MRSA), that patient acquired during hospital stays.

A third type of infections are those that are the result of occupational accident and injuries. First responders and medical personnel who suffer from exposure to meningitis, strep and HIV patients. These exposures may occur by simple contamination of the work area. In California legislation has been offered to establish a presumption that hospital employees infected on the job qualify for workers' compensation benefits.

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.

Related articles

Monday, June 6, 2011

NJ Urged to Adopt Single Payer System for Workmens Comp

A coalition that has been formed in NJ is urging that the Garden State follow the lead of Vermont and establish a single-payer system. Single-payer movements have already made important progress in California and Pennsylvania. The New Jersey One Plan One Nation coalition is leading the campaign in New Jersey.

Citing that in 1777 the Commonwealth of Vermont became the first sovereign state in the world to abolish slavery the coalition, the coalition is now advocating a similar nation adoption of Vermont legal precedence. On May 26, 2011. Vermont became the first state in the U.S. to commit itself to establishing a truly universal single-payer healthcare plan that includes workers' compensation medical care.

Saturday, June 4, 2011

Illinois Punishes Workers for Employer Deceit

The efforts by employers, insurance carriers and the Chamber of Commerce in Illinois, to take away the rights of injured workers and strip them of benefits may have all been based on Industry fraud. Recently obtained documents, secured under the Illinois Freedom of Information Act (FOIA), reveal that the employer’s own doctor had in-fact validated the causal relationship of the medical claims of the injured workers to work.

A campaign in Illinois by Industry to dismantle the State’s workers’ compensation system was triggered and flamed by a story appearing in a local newspaper asserting that several correction officers had filed fraudulent claims for repetitive motion trauma to their hands. The local news report insinuated that the claims could not have been credible.

The story, for some suspicious reason, was disseminated in a viral manner on the Internet. Concurrently, the Illinois Chamber of Commerce went on the attack claiming that the workers’ compensation system in Illinois was loaded with fraudulent activities. The Chamber and employers lobbied for legislation to strip injured workers of what little rights they still had under the law. The statutory changes they sponsored reduced ill workers access for benefits, reduced medical treatment expenditures by 30%, and set up a series of hurtles that left the injured without remedy to cure and relieve conditions caused by work.

Even that wasn’t enough. Supporters of the Industry’s draconian legislative effort, have now vowed to return to take away the basic promises granted workers a century ago, that injured workers could obtain the limited and capped scheduled benefits, under a no-fault system. The workers’ compensation system was intended to provide a remedial and expeditious benefit to injured workers in a summary and efficient fashion, without the element of fault being considered.

A hidden report reveals that Anthony E. Sudekum, MD, a Board Certified Hand Surgeon, retained by the employer, State of Illinois Department of Corrections, on March 30, 2011, after and extensive review of the facts, circumstances, inspection of the premises and equipment, and examination of the employees, concluded that, on the job activities contributed to their illness. He wrote, “…I feel that ….work activities at Menard Correctional center served to aggravate…bilateral carpal tunnel syndrome and left ulnar neuropathy.”

Furthermore, some contend that the neurological illnesses that appeared at the Menard Correctional Center may have been the result of a mysterious disease cluster that warrants much further investigation instead of a knee-jerk denial. Similarly, a mysterious outbreak of disease in Philadelphia ultimately resulted in the discovery of Legionnaires Disease. Today the US Centers for Disease Control continues to investigate worldwide clusters of gastro-intestinal conditions to determine their potential causal relationship. It is through continued medical research and investigation that we make the workplace healthier, safer and more productive.

We should learn from history. In the past, employers and manufacturers were also caught intentionally concealing the hazards of asbestos, tobacco and lead paint. That left a legacy of disease and death, and billions of dollars of economic loss. One would think that everyone learned from those tragic mistakes. For our nation to survive, employers must take an active roll in improving the health of our workers, and build a stronger system, rather than just deny the hazards of the workplace and blame the injured.

Friday, June 3, 2011

New Website for September 11th Victims Compensation Fund

The United States Department of Justice has established a new website for the September 11th Victims Compensation Fund (Zadroga Act). The Internet presence was established following the naming of Shelia Birnbaum, a defense attorney, as the Special Master of the Fund.

The program was established to provide compensation and medical monitoring to victims of the September 11th tragedy in New York City. Regulations for the operation of the Fund have yet to be announced. It is anticipated that the Fund should be operational by July 1, 2011.

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.

Thursday, June 2, 2011

Should CMS be A Joint Payee in a Workers Comp Settlement?

How to reimburse The Centers for Medicare and Medicaid Services (CMS) is becoming a serious issue under the Medicare Recovery Act (MSP). Commonly know as Allocation Orders, these cases are emerging across the country and the Courts are denying attempts to merge the payments of the plaintiff's with that due to CMS.

In Zaleppa v Seiwell, 2010 PA Super 208, No. 2019 MDA 2009, Decided November 17, 2010, an appellate panel tossed out a request to have CMS named as a co-payee of the proceeds. Likewise, a Federal Court ruled that CMS's name should not appear on the same check as the one going to the plaintiffs ruling that the interests of the two parties were not similar. Bradley v Sebelius, 621 F.3d 1330 (11 Cir Ct Ap 2010) decided September 29, 2010.

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