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

Friday, November 18, 2011

The Complex World of Workers' Compensation and Pharmaceutical Benefits

The Workers’ Compensation system, designed over a century ago, was intended to provide medical benefits that were to be delivered to injured workers in an efficient and effective manner. Over the decades, the benefit program has evolved into a complex and costly system that is difficult to navigate and provides uncertain outcomes. Pharmaceutical benefits have become a serious concern and have added complexity and costs to the program.

Prescription drugs have become an increasingly important issue in workers’ compensation law. Their use in workers’ compensation claims has resulted in both a major direct financial cost to the system, and has had substantial impact on the efficiency of the administrative process. The use of prescription drugs in workers’ compensation will require further discussion in order to maintain the system as the efficient, remedial social legislative system the crafters envisioned over a century ago.

Gelman, Jon L., The Complex World of Workers' Compensation and Pharmaceutical Benefits, New Jersey Law Journal, Vol. 206, p. 5, October 2011. 


Complete Article Available at SSRN: http://ssrn.com/abstract=1960708

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.

WorldDay of Remembrance for Road Traffic Victims — November 20, 2011

Road traffic crashes kill nearly 1.3 million persons every year and injure or disable as many as 50 million more (1). Road trauma is the leading cause of death among persons aged 10--24 years worldwide and the leading cause of death to those aged 5--34 years in the United States. CDC has declared road traffic injuries a "winnable battle" and supports efforts at the United Nations (UN) and World Health Organization (WHO) to celebrate 2011--2020 as the Decade of Action for Road Safety (2). Distracted driving is a major cause of accidents.
In October 2005, the UN General Assembly adopted a resolution* calling for governments to mark the third Sunday in November each year as World Day of Remembrance for Road Traffic Victims. The day was created as a means to give recognition to persons injured or killed in road traffic crashes and the plight of relatives and others who must cope with the emotional and practical consequences of these events.
WHO and the UN Road Safety Collaboration encourage governments and nongovernmental organizations worldwide to commemorate this day as a means of drawing the public's attention to road traffic crashes, their consequences and costs, and prevention measures. Additional information about the remembrance day is available at http://www.worlddayofremembrance.orgExternal Web Site Icon. Additional information about motor vehicle injuries and prevention is available at http://www.cdc.gov/winnablebattles/motorvehicleinjury.

References

  1. World Health Organization. Global status report on road safety: time for action. Geneva, Switzerland: World Health Organization; 2009.
  2. CDC. Launch of Decade of Action for Global Road Safety---May 11, 2011. MMWR 2011;60:554.

* Improving global road safety, Resolution 60/5, United Nations General Assembly, 60th Sess. (2005). Available at http://www.un.org/en/roadsafety/background.shtmlExternal Web Site Icon.

Tuesday, November 15, 2011

US Supreme Court, Health Care & Workers' Compensation

The Supreme Court of the United States. Washin...Image via Wikipedia

The winds of change have brought a new health care system to the US. The US Supreme Court  will now have an opportunity to express it's opinion on the validity of the legislation. The new system, that provides additional worker protections, and a prototype of a universal medical care system ,"Libby Care," encompassing workers' compensation claims, reflects changes desperately needed.

Monday, November 14, 2011

Chicago Contractors Fines $280,000 For Asbestos Violations

The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Chicago companies, T2 G.C. LLC, which operates as T2 Construction, and Gramek Construction Inc. for failing to protect workers from asbestos hazards at a job site in May. T2 Construction faces proposed fines of $141,600 and Gramek Construction faces proposed fines of $138,600, for a combined total of $280,200.

T2 Construction was the general contractor at the Chicago job site, which involved a 90-year-old, 80,000-square-foot building. T2 oversaw the activities of demolition contractor Gramek Construction, including the removal of floor tile and pipe insulation that allegedly contained asbestos.

"Failing to conduct an asbestos assessment and require workers to wear personal protective equipment when working with material potentially contaminated by asbestos shows a blatant disregard for their health and safety," said OSHA Regional Administrator Michael Connors in Chicago. "Safe and healthful working conditions should be paramount on every job site, and OSHA is committed to protecting workers, especially when employers fail to do so."

T2 Construction was cited for two willful health violations including failing to have a competent person conduct an initial assessment prior to commencing Class I and Class II asbestos work, and failing to ensure compliance with the asbestos standard as the general contractor. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement or plain indifference to employee safety and health.

Additionally, T2 Construction was cited for 14 serious violations involving asbestos control procedures, such as failing to conduct air and exposure monitoring, failing to follow specific engineering controls and practices, failing to remove tile intact, allowing dry sweeping of dust and residue, failing to provide hygiene facilities for workers conducting asbestos removal and failing to ensure that employees wore adequate personal protective clothing while performing asbestos work. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Gramek Construction was cited for one willful health violation for failing to have a competent person conduct an initial assessment prior to commencing Class I and Class II asbestos work. The company also was cited for 24 serious health and safety violations, 18 of which involved violations of asbestos control procedures such as failing to conduct air and exposure monitoring, failing to follow specific engineering controls and practices, allowing dry sweeping of dust and residue, failing to implement a respiratory protection program, failing to provide hygiene facilities for workers conducting asbestos removal and failing to ensure that employees wore adequate personal protective clothing for asbestos work. The remaining six serious safety violations were cited for lack of fall protection and training as well as electrical hazards.

The citations issued to T2 Construction can be viewed athttp://www.osha.gov/ooc/citations/T2GCLLCdbaT2Construction_315512137_1102_11.pdf*

The citations issued to Gramek Construction can be viewed athttp://www.osha.gov/ooc/citations/GramekConstrcutionInc_315512145_1102_11.pdf*

Each company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.


For over 4 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.

Sunday, November 13, 2011

South Florida Miles for Meso 2012


Boca Raton, FL – The 3rd Annual Miles for Meso weekend is set! February 10-12, 2012 
Larry Davis, organizer of South Florida Mikes for Meso has announced: We are planning our ever popular Welcome event. Although you will need to check back with us for it’s location, you won’t be disappointed. We will offer the opportunity to meet friends, old & new, while picking up your race packet and information on the latest in Mesothelioma news.  
Saturday evening – We will once again host our Health Symposium. We are currently making arrangements with 2 new physicians who will be discussing the latest news in cancer treatments and trials.  
Sunday morning – On your mark … get set … get ready for the 3rd Annual Miles for Meso 8K/4K Tribute Walk! The race will start just after the sun rises over the beautiful Atlantic. It’s a beautiful site as you run along A1A patting yourself on the back for helping raise funds for an excellent cause!  
This year’s event will have something for everyone involved; 
  1. Racers – A great course, a race T, snacks & friends. 
  2. Patients – It will be an amazing place to meet other patients and supporters of Mesothelioma, the Meso Foundation and the Asbestos Disease Awareness Organization. There is a wealth of information just within those people, not to mention the incredible attorneys we will have on hand who can assist in giving you further information on how they can help and programs they offer. 
  3. Survivors (patients & family members) – Support in numbers. You aren’t alone in your fight against Mesothelioma and the companies who have used asbestos in their products! Talk with us and let the healing begin. Volunteers – We absolutely couldn’t do this without you. Every year we have wonderful people who come out and donate their time to making this event a success. Please join us again and help make this our best race yet. 

South Florida Miles for Meso Race Info
Welcome Event
The race's welcoming event will take place Friday, Feb. 10. This event will offer participants to meet friends, old & new, while picking up race packets and information on the latest mesothelioma news. Location & times TBA.
Health Symposium
A Health Symposium will take place Saturday evening before the race. Last year, it featured Dr. Richard Alexander. Plans are under way to feature two physicians who will discuss the latest news in cancer treatments and clinical trials.
TIMES
Pre-Registration begins at 5:45 a.m. the day of the race
The 8K race starts at 7:30 a.m.
PLACE
Spanish River Park
3001 North Ocean Blvd.
Boca Raton, FL 33431
LOCATION & DIRECTIONS
The race starts on AIA in front of Spanish River Park. Take I-95 to Palmetto Park Road, East to AIA, then left (north) 2.5 miles to Spanish River Park.
COURSE
USATF Certified Course by Evert McDowell
ENTRY FEES
More information coming soon.
8K RUN AWARDS
Awards will be giving to the top 3 overall M/F runners; the top master M/F runners; and the top 3 M/F runners in the following age group categories: 0-9, 10-14, 15-19, 20-24, 25-29, 30-34, 35-39, 40-44, 45-49, 50-54, 55-59, 60-64, 65-69, 70-74, 75-79, and 80+.
IN-STORE REGRISTRATION
More information coming soon.
REGISTER ONLINE
More Information Coming Soon!
HEAT WARNING
Temperatures & humidity can be high in South Flordia. Participants should drink plenty of fluids (non-alcoholic) for 48 hours prior to, during and upon finishing the race. Beware of heat injury symptoms: dizziness, no sweating, nausea, cramps, redness, incoherent speech & thoughts. Seek immediate medical attention if symptoms occur. Wear loose, light-colored clothing.
RACE HOTLINE: 954-303-5960
RACE PROCEEDS BENEFIT
Learn more at the Boca Raton Road Runners website.



Saturday, November 12, 2011

The Gingrich Revival and The Future of Workers' Compensation

Newt Gingrich's sudden rise in popularity this week for the Republican nomination for the US presidency has yet again raised the concern as to whether the workers' compensation program will become extinct. Mr. Gingrich has long sought the withdrawal of any employer contributions to workers' compensation.


"We have to rethink and redesign the public policies we created for people with disabilities, for workers' compensation, and for long-term living. Policies and systems that made perfect sense in an industrial era make no sense in the information age. The paternalistic solutions of the twentieth century are actually roadblocks to hope and opportunity in the twenty-first century.
Century Contract with America By Newt Gingrich


Friday, November 11, 2011

OSHA encourages major retailers to provide crowd management measures to protect workers during major sales events

The U.S. Department of Labor's Occupational Safety and Health Administration is encouraging major retail employers to take precautions to prevent worker injuries during Black Friday and other major sales events during the holiday season.

In 2008, a worker was trampled to death while a mob of shoppers rushed through the doors of a large store to take advantage of an after-Thanksgiving Day Black Friday sales event. The store was not using the kind of crowd management measures recommended in OSHA's fact sheet, which is available online at http://www.osha.gov/OshDoc/data_General_Facts/Crowd_Control.html.

"Crowd control is critical to preventing injuries and deaths," said OSHA Assistant Secretary Dr. David Michaels. "These incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season."

The fact sheet provides employers with recommended elements for crowd management plans. Plans should include having trained security personnel or police officers on-site, setting up barricades or rope lines for pedestrians and crowd control well in advance of customers arriving at the store, making sure that barricades are set up so that the customers' line does not start right at the entrance of the store, having emergency procedures in place that address potential dangers, and having security personnel or customer service representatives explain approach and entrance procedures to the arriving public.

OSHA also recommends not allowing additional customers to enter the store when it reaches its maximum occupancy level and not blocking or locking exit doors.



For over 4 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.