Workers' Compensation

Monday, April 30, 2012

Privacy: Why Injured Workers Are Stalked With Junk Mail and Nuisance Calls

Data sharing is a major problem and its effect on injured workers is becoming more acute. When injured workers contact providers for "more information" or sign onto what appears as so called "helpful" websites, their information is gathered and disseminated to other vendors and they become targets for advertising.

As more and more people seek "help" on the Internet or in response to advertisements, the data that they provide is shared and sold in many instances. While the Obama Administration is seeking to remedy the situation through education, that might not be enough to limit on onslaught of junk mail and nuisance call solicitations.

Click here to read more: Following the Breadcrumbs on the Data-Sharing Trail (NY Times)

"If you have ever felt inundated by such solicitations, by e-mail or by snail mail, you may have wondered what you did to deserve it."

Friday, April 27, 2012

Fatal Occupational Injuries and Workers’ Memorial Day

In 2010, a total of 4,690 workers died from injuries they suffered at work. That works out to one U.S. worker dying every 2 hours from a work-related injury.

The Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI) program released its final data for the 2010 reference year on April 25, 2012—just 3 days before Workers’ Memorial Day. Recognized each year on April 28, Workers’ Memorial Day is a day to remember workers who were killed, injured, or made ill at work and to highlight the hazards in the workplace.

The Occupational Safety and Health Administration (OSHA), National Institute for Occupational Safety and Health (NIOSH), and other federal agencies use CFOI data to identify ways to prevent worker deaths and injuries.

This fact sheet provides an overview of fatal occupational injuries in the United States. For more data on fatal occupational injuries from CFOI, see the CFOI homepage. For information on nonfatal injuries and illnesses in the workplace, see the BLS Injuries, Illnesses, and Fatalities (IIF) page.

....

On Workers' Memorial Day, let us not forget the additional 50,000-60,000 lives lost from occupational diseases every year in our country.

Pat

Patrice Woeppel, Ed.D.

Thursday, April 26, 2012

OSHA Cites NJ Store For Safety Violations - Blocked Exits

The U.S. Department of Labor's Occupational Safety and Health Administration has cited retail clothing chain Forever 21 Inc. with two repeat and five serious safety violations at its store in the Bridgewater Mall. OSHA opened an inspection in November 2011 upon receiving a complaint alleging blocked exit routes and improper storage of merchandise. Proposed penalties total $69,000.

"These violations are indicative of the kinds of safety concerns often found at department stores that put workers at serious risk," said Patricia Jones, director of OSHA's Avenel Area Office. "This company is well aware of OSHA's safety standards and needs to take appropriate steps to prevent these violations from recurring."

The repeat violations, with $50,000 in penalties, are failing to provide adequate workspace around electrical equipment and maintain an exit route free of obstructions. The same violations were cited in January 2010 at a Loan Tree, Colo., store. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

The serious violations, carrying $19,000 in penalties, include failing to ensure workers had full access to exits, keep storage areas free from tripping and fire hazards, ensure that a fire extinguisher was not blocked, provide employees with training on the use of fire extinguishers and properly store materials. 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.

"By establishing an injury and illness prevention program, this company can work with its employees to identify and eliminate hazardous conditions," said Robert Kulick, OSHA's regional administrator in New York.

Los Angeles-based Forever 21 Inc. employs 31 workers at the Bridgewater Mall store. The company has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Avenel office at 732-750-3270.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees, OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Wednesday, April 25, 2012

A Milestone for Workers' Compensation

Today, marks a significant milestone for this blog. It has had over 250,000 page views. When I launched it about 4 years ago, I wasn't really sure how much interest readers would have in the developments and trends of a system that was almost a century old.

Community involvement has been very instrumental in making the effort successful. I am very grateful to our readers and the large number of outstanding guest bloggers who have contributed to reaching this milestone.

Our current analytics reflects that there is a strong interest in the health and safety of workers, and the benefit system know as workers' compensation. It exists every single jurisdiction in the nation, and around the globe. The spectrum of story interest is as widely diverse as the multitude of programs in existence.

It is very encouraging to know that the expanding readership base has a growing concern about worker's health and safety. Hopefully, as workers' compensation programs continue to mature and develop, there will also remain a strong desire to create a healthier work environment. Hopefully this blog can continue to provide a forum for creative ideas.

Monday, April 23, 2012

Federal Court Dismisses Lawsuit to Preserve Missouri Second Injury Fund

A Federal Judge in Missouri dismissed a Federal lawsuit that was filed to forced the State of Missouri to fund its Second Injury Fund for workers' compensation beneficiaries.

The Court held:
“'Decisions over what programs to fund or not to fund generally represent a basic right and power possessed by the legislative branch....' 'Plaintiffs have cited no case law, and the Court is not aware of any, which stands for the proposition that a legislative decision to de-fund a program can represent a taking of a plaintiff’s entitlement.'”
Hon. Nanette Kay Laughrey

Click here to read the decision, Pettet v. May, No. 2:11-CV-04049-NKL (USDC W.D.Mo) Decided April 19, 2012

Click here to read the report in The Kansas City Business Journal

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NJ Supreme Court To Rule on Several Critical Issues

The NJ Supreme Court has before it three issues of critical importance concerning workers' compensation including: the standard of proof in a fatal heart claim; remedy for the failure of an insurance company to provide medical care, and the "exclusivity rule." These decisions have the potential to be landmark decisions.

1. Standard of Proof in a Fatal Heart Claim: Does the record support this workers' compensation claim under N.J.S.A. 34:15-7.2, which sets the standard of proof governing claims based on injury or death from cardiovascular causes?

Workers' Compensation benefits were awarded for a pulmonary embolism causally related to sedentary work activity. A NJ Appellate Court awarded benefits for the development of a pulmonary embolism precipitated by the inactivity of sitting long hours at a desk job.

Certification granted: 2/14/12

Posted: 2/14/12

A-71-11 James P. Renner v. AT&T (068744)

2. Remedy for the Failure of the Insurance Company to Provide Medical Care:

May an employee who suffered a work-related injury pursue a common-law cause of action against a workers’ compensation carrier for willful failure to comply with court orders compelling it to provide medical treatment when the delay or denial of treatment causes the employee’s condition to worsen?

The NJ Supreme is going to review the procedure to bring bad faith claims against employers and insurance companies in workers' compensation actions. The Court accepted for review a case holding that workers' compensation bad faith claims are within the exclusive jurisdiction of the workers' compensation hearing official.

Certification granted 6/7/11
Posted 6/10/11
Argued: 3/26/12
A-112-10 Wade Stancil v. ACE USA (067640)

3. The Exclusivity Rule:

Under the circumstances of this case, which include a finding by the federal Occupational Safety and Health Administration that the accident was the result of a “willful violation” of its regulations, did the employer’s action constitute an “intentional wrong” that would preclude immunity under N.J.S.A. 34:15-8 of the workers’ compensation statute?

NJ Courts have held that trench accidents were not a mere fact of industrial life and were beyond intent of Act's immunity provision. A claim was permitted directly against the employer in addition to the workers' compensation action.

Certification granted 1/27/11

Posted 1/28/11

Argued: 10/12/11

A-69-10 Kenneth Van Dunk, Sr. v. Reckson Associates Realty Corp. (066949)

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Saturday, April 21, 2012

The New Non-Subscriber Opt-Out Plan Is Emerging As The Alternative to Traditional Workers' Compensation

Given birth by Bechtel in Massachusetts over a decade ago, nurtured by ERISA (Employee Retirement Income Security Act, 29 USCS § 1002) ) and fed by the increasing frustrations of employers and employees throughout the nation, the new non-subscription Opt-Out Plan has emerged as a leading alternative solution to traditional workers' compensation coverage.

It has been reported that since its formal adoption by Oklahoma last week, David DePaolo, the knowledgeable CEO of WorkCompCentral (and cycling enthusiast) reports that other states, including: Colorado, Kansas, Louisiana and Tennessee, will have legislation introduced to statutorily recognize the concept.