Workers' Compensation

Monday, September 17, 2012

Governor Brown to Sign Workers' Compensation Legislation Tomorrow

Governor Brown to Sign Workers' Compensation Legislation Tomorrow 9-17-2012

Governor Edmund G. Brown Jr. will be joined by Senate President Pro Tem Darrell Steinberg, Speaker John Perez and business and labor leaders tomorrow in San Diego and Burbank, where he will give remarks and sign legislation to implement historic reforms to workers' compensation in California.

San Diego
When: Tomorrow, Tuesday, September 18, 2012 at 9:30 a.m.
Where: Diego & Son Printing Inc., 2104 National Avenue, San Diego, CA 92113

**Note: This event is open to credentialed media. Media attending should be on-site by 9:00 a.m.

Also read:
Brown to sign Calif. workers' compensation fixes (CBS)

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Saturday, September 15, 2012

Worker-less Work: The Robots Are Coming

Jobs are no longer safe and secure and this is leading to temporary position where greater burdens and risks are placed upon the worker. As technology increases and more robots are placed into the workforce, human labor is valued less and workers have become disposable commodities a recent report in Hazards reveals.

“The majority of the world’s workforce is informal and is in an extremely precarious position,” the 2008 report of a World Health Organisation (WHO) commission on social determinants of health observed. It noted: “The global dominance of precarious work, with its associated insecurities, has contributed significantly to poor health and health inequities.”

Click here to read Trashed! Deadly depression as precarious work becomes the norm

Canada Concedes Asbestos is Dangerous-Now It Needs to Ban Asbestos Entirely

Canada's Industry Minister announced yesterday that the country would finally concede to international pressure and label asbestos that it exports as a health hazard. Now Canada, and the United States, need to take the next step and impose a universal ban against the use and sale of asbestos products.

Asbestos is a known carcinogen and causally related to mesothelioma and lung cancer. For decades asbestos was mined and exported from the Province of Quebec.

Click here to read Ottawa does U-turn on asbestos mining (Globe & Mail)

Read More About "Ban Asbestos"

Asbestos Ban In Canada Gets Boast - Parti Quebecois Wins Election!

Sep 04, 2012

The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .

http://workers-compensation.blogspot.com/

OSHA Cites Employers for Exposing Workers to Asbestos

20 hours ago

Asbestos Ban In Canada Gets Boast - Parti Quebecois Wins Election! Sep 04, 2012. The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. ... The US has yet to ban asbestos .

http://workers-compensation.blogspot.com/

This Is Just Plain Sick: US Consumption of Asbestos Increased 13 ...

Aug 06, 2012

The US Geological Survey has reported that US consumption of asbestos fiber increased 13% in 2011. Asbestos is a known carcinogen and the cause of mesothelioma, a rare and fatal cancer. The US has yet to ban asbestos ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Job Stress A Risk For Heart Attack

21 hours ago

A recent report associates asbestos exposure at work to a higher risk of dying from cardiovascular disease. Cardiovascular disease . ... Asbestos Ban In Canada Gets Boast - Parti Quebecoi... Clint Eastwood at the 2012 ...

http://workers-compensation.blogspot.com/

Friday, September 14, 2012

Child Labor

"John Howell, an Indianapolis newsboy..."Photo by Lewis Hine, 1908 Aug. http://hdl.loc.gov/loc.pnp/nclc.03225

The US Library of Congress has just posted digital images o child labor that are in it s collection. Workers' Compensation benefits are but one instance that enforce penalties when child labor laws are not followed.

Family Responsibilities Discrimination - When An Employer Says No

An aging workforce creates many new problems including the responsibilities to take care of even older family members. Employers can can be harsh as they restrict such employee's request to care for aging family members.

A recent article in the NY Times discusses the issue of "Family Responsibilities Discrimination" as seniors try to step up to the plate to assist the very old family members in acute and chronic situations.

"Workers trying to care for their parents face greater challenges. “Child care is difficult because it’s so unrelenting,” Dr. Williams said. “Elder care is difficult because it’s so sudden.” Moreover, no one can predict how long those responsibilities will continue, and the costs can dwarf those of child care."

Click here to read When Work Makes You Choose (NY Times) and the Hastings Law School Project and AARP's efforts to assist legally those who has discriminated against in their view.

Read more about the "aging workforce"

Workers' Compensation: Aging Population Requires More Attention

Jul 07, 2012

Safety in the workplace is now a growing concern as US aging workforce expands. It has been frequently reported that the expansion of this dimension of the labor sector has generated an increase in serious accidents and .

http://workers-compensation.blogspot.com/

Signs of an Aging Workforce: Trend to Increased Federal Payments

Aug 03, 2012

"The aging of the U.S. population, the increasing share of females in the workforce, and, in recent years, the high unemployment rate are the primary factors explaining the rising costs of Social Security Disability Insurance." ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Workplace Safety, the Aging Workforce ...

Dec 05, 2009

http://workers-compensation.blogspot.com/

Workers' Compensation: It is All The Same Apple

Oct 31, 2011

Statistics also reveal that the aging workforce is continuing to fall apart physically and file for Social Security Disability Insurance in lieu of workers' compensation at a greater rate than ever.. Even though more attention is now ...

NJ Legislature to Discuss Workers Compensation Reforms

The NJ Legislature will be discussing potential major changes to the NJ Workers' Compensation Act during Senate Labor Committee hearings next week.

The Senate Labor Committee will meet on Thursday, September 20, 2012 at 10:00 AM in Committee Room 6, First Floor, State House Annex, Trenton, New Jersey.

The following bills will be considered:

S-1630
Bateman/Oroho
Prohibits payment of temporary disability benefits to incarcerated individuals.

S-1898
O'Toole/Allen
Prohibits requirement to provide information for access to account on social networking website by employer.

S-1915
Sweeney/Whelan
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.

S-1916
Sweeney
A-2879
Burzichelli/Greenwald/
Ramos/Conaway/Caride
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications devices by institutions of higher education.

S-1926
Greenstein
Bans charging workers' compensation claimants for medical expenses, gives Division of Workers' Compensation sole jurisdiction over work-related medical claims. (Binding arbitration)

S-2022
Madden
A-2652 (1R)
Eustace/Singleton/Egan/
Benson/Coughlin
Bans charging workers' compensation claimants for medical expenses, gives Division of Workers' Compensation sole jurisdiction over work-related medical claims.

SCR-123
Scutari
Memorializes Congress and the President to enact the "Team USA Made in America Act of 2012."

A-2878 (1R)
Burzichelli/Greenwald/
Ramos/Conaway/Caride
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.

Read more about medical billing

Workers' Compensation: Law to Ban Medical Expense Claims ...

May 11, 2012

By John H. Geaney and Jon L. Gelman "Medical expenses in contested workers' compensation cases are now a significant and troublesome issue resulting in uncertainty, delay and potential future liability. Th recent NJ ...

Workers' Compensation: Law to Ban Medical Expense Claims ...

May 11, 2012

Workers' Compensation: Law to Ban Medical Expense Claims ...

May 11, 2012

Workers' Compensation: Law to Ban Medical Expense Claims ...

May 11, 2012

Feb 17, 2012

Medical bills now account for almost 70% of the total of workers' compensation benefits paid, and the collection of those unpaid medical bills has exploded into a cottage business creating enormous procedural and ...

NJ Supreme Court Bars Expansion of Injured Workers Remedies

Aug 02, 2012

In 2007, Stancil filed a motion in the compensation court seeking an order compelling ACE to pay outstanding medical bills. During a hearing on the motion, the compensation judge commented that ACE had a history of failing...

Medical Bills of Smokers Reported to be Less Than Expected

Apr 09, 2009

Medical Bills of Smokers Reported to be Less Than Expected. It has been recently reported that smokers may actually cost society less for medical treatment than non-smokers. The CDC has reported that since smokers die on...

NJ Proposes Informal Process for Medical Bill Disputes

Jul 23, 2009

The number of disputes concerning the payment/reimbursement of medical bills have increased in workers' compensation claims in New Jersey. The State has proposed converting the Informal Hearing procedure into a new ...

OSHA Cites Employers for Exposing Workers to Asbestos - $148,000

The seal of the United States Department of Labor (Photo credit: Wikipedia)

Proposed penalties total more than $148,000 for hazards at San Antonio work site

The U.S. Department of Labor's Occupational Safety and Health Administration has cited seven construction companies – three Miami-based contractors and four San Antonio-based subcontractors – with 45 serious and one other-than-serious violation for exposing workers to asbestos hazards at a San Antonio construction work site. Proposed penalties total $148,000.

"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health standards be followed to avoid accidents, injuries and illnesses."

In response to a referral by the Texas Department of State Health Services, OSHA's San Antonio Area Office initiated a safety and health inspection in March at the Reserves at Pecan Valley apartment complex located on East Southcross Boulevard. Inspectors found that workers were remodeling apartments without the use of proper clothing and respiratory equipment that would protect them from exposure to asbestos.

Specifically, the violations include failing to abate asbestos hazards and ensure that employees work in regulated areas, perform air monitoring for asbestos exposure, use the required engineering controls to prevent exposure, require the use of proper respiratory and personal protective equipment, train workers on the hazards of working with asbestos and ensure that an asbestos assessment is performed by a qualified person. A serious violation occurs when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The Miami-based contractors have been cited for a total of 14 violations: Newport Property Ventures LLC has been issued citations carrying $36,100 in fines for eight serious and one other than serious violation; Newport Property Construction LLC has been fined $12,600 for two serious violations and Jamesboys Inc. has been issued citations carrying $18,900 in fines for three serious violations.

The San Antonio subcontractors have been cited for a total of 32 violations: Alex Vega doing business as Alco Painting & Remodeling has been issued citations carrying $28,200 in fines for 11 serious violations; Luis Lozada has been issued citations with $20,400 in fines for eight serious violations; Frank Gonzalez has been issued citations with $9,600 in fines for four serious violations; and Clemente Covarrubias, doing business as Knock It Out, has been issued citations with $22,200 in fines for nine serious violations.

Detailed information on asbestos hazards and safeguards is available at http://www.osha.gov/SLTC/asbestos/index.html andhttp://www.osha.gov/SLTC/asbestos/construction.html.

The citations can be viewed at http://www.osha.gov/ooc/citations/alco-painting-283535-0906-12.pdf*
http://www.osha.gov/ooc/citations/alco-painting-472878-0906-12.pdf*
http://www.osha.gov/ooc/citations/clemente-covarrubias-447453-0906-12.pdf*
http://www.osha.gov/ooc/citations/frank-gonzales-447317-0906-12.pdf*
http://www.osha.gov/ooc/citations/james-boy-315630913-0906-12.pdf*
http://www.osha.gov/ooc/citations/luis-lozada-447973-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-constr-283336-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-ventures-329062-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-ventures-448114-0906-12.pdf*.

The companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA's area director in San Antonio, or contest the findings 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 San Antonio office at 210-472-5040.

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.

....
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injurie s.

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Asbestos Ban In Canada Gets Boast - Parti Quebecois Wins Election!

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Asbestos Cement Factories Pose High Risk Mesothelioma

Jul 20, 2012

An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United ...

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Unlawful Asbestos Removal Results in Criminal Charges

Jun 22, 2012

NJ Attorney General Jeffrey S. Chiesa announced that two men and the demolition company they operated have been indicted by a state grand jury on charges that they unlawfully removed asbestos from the former Zurbrugg...

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This Is Just Plain Sick: US Consumption of Asbestos Increased 13 ...

Aug 06, 2012

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