E-Filing Is A Good Thing

Workers' Compensation attorneys need to adapt to new technology. A case in point is electronic filing.

The Bob Cummings Show
January 2, 1955 to September 15, 1959

Two jurisdictions recently have sparked efforts for adaptation to new procedures designed to implement more expeditious and cost savings measures.

Over fifty years ago, there was a sit-com on TV, The Bob Cummings Show. The program mocked a GrandPa's ability to adopt to new technology. The aging parent used gifts of an electric blanket as a bread warmer, and an electric rotisserie as a sock dryer.

NJ has adopted e-filing of motion practice that speeds docketing and service of pleadings in the vast majority of cases. While not mirroring the stellar Federal Court Case Management Electronic Filing System with compete exhibit PDF submissions permitted, it does make major improvements to the process.

Florida has reported, that despite offerring an e-filing, parties are still entrenched in their old and wasteful habits of using USPS Certified Mail for process.

Knee Replacement Medical Device Recalled

The US Food and Drug Administration  (FDA) has notified healthcare professionals of a Class I recall of the LPS Diaphyseal Sleeve, a manufactured medical device used in human knee replacement surgery.

It has been found that The LPS Diaphyseal Sleeve to Diaphyseal Sleeve Base taper connection may not be sufficient to accommodate potential physiologic loads that may be transferred to the junction during normal gait activities by some patients. This may result in fracture of the sleeve at the taper joint which may also lead to loss of function or loss of limb, infection, compromised soft tissue or death.

The device was manufactured by: DePuy Orthopaedic, Inc, a company owned by Johnson and Johnson.

Out-of-State Work-Related Injuries: What You Need to Know

Today's post comes from guest author Brian M. Wright from Causey Law Firm of  the State of Washington

If you are a Washington resident working for an employer who operates in Washington and you are injured in another state, you probably have a Washington State workers’ compensation claim. Additionally, you might have a valid claim in the other state, as well. 

In all of the above scenarios, you may have the ability to file your claim in multiple states. Generally, you will have the option of filing in:

1)    the state in which you were injured;
2)    the state in which you primarily worked; and
3)    the state in which you entered into your employment contract.

If you are injured outside Washington, or whatever state in which you normally work, it is important to evaluate your options and file wherever you might have a legitimate claim. It is possible that you have remedies available to you in more than one state.

EPA Fines Arizona School Districts for Asbestos Violation

The U.S. Environmental Protection Agency has fined six Arizona school districts a combined total of $94,575 for Asbestos Hazard Emergency Response Act (AHERA) violations. More than 15,000 children attend the 25 schools not in compliance with the federal AHERA in these districts. 

During inspections conducted in 2011, EPA inspectors discovered numerous violations, from failing to inspect facilities for asbestos containing materials, failing to re-inspect campuses with known asbestos containing materials, and failing to have an Asbestos Management Plan. All of the school districts have since taken necessary actions to comply with the law, with the cost of compliance reducing the penalties in most cases to zero. 

“Asbestos in schools has the potential to harm the health of students, teachers, and maintenance workers,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “EPA takes these violations seriously, and we are satisfied the schools have now conducted inspections and put their asbestos plans in place.” 

Each school district is allowed to subtract properly documented costs of complying with the regulations from the penalty amount. The six school districts are: 
· Apache Junction Unified School District (Pinal County): fined $21,675, but this was reduced to $7,933 because of the school district’s cost of achieving compliance. 
· St. John’s Unified School District (Apache County): fined $14,195, reduced to $824 by the school district’s cost of achieving compliance.
· Florence Unified School District (Pinal County): fined $31,705, but no cash payment was due because the documented costs of compliance exceeded the penalty. 
· Vernon Elementary School District (Apache County): fined $2,700, but no cash payment was due because the documented costs of compliance exceeded the penalty. 
· McNary Elementary School District (Fort Apache Indian Reservation): fined $14,200, but no cash payment was due because the documented costs of compliance exceeded the penalty.
· Round Valley Unified School District (Apache County): fined $10,100, but no cash payment was due because the documented costs of compliance exceeded the penalty.
Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings. Schools are also required to appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections of asbestos-containing building material, properly train the maintenance and custodial staff, and maintain records in the management plan.

Local education agencies must keep an updated copy of the management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.

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

• NJ Contractor Sentenced By Federal Court for Illegal Asbestos Removal (workers-compensation.blogspot.com)
• All Forms of Asbestos Cause Cancer (workers-compensation.blogspot.com)
• How to Protect Public Employees and Communities From Asbestos Exposure (workers-compensation.blogspot.com)
• Asbestos Disease Remains a Problem Despite Lower Consumption in the US (workers-compensation.blogspot.com)
• Russian Money Interests Are Milking the Asbestos Cash Cow (workers-compensation.blogspot.com)
• Senator Lautenberg To Retire - Champion of the People (workers-compensation.blogspot.com)

CMS Announces New WCMSA Re-Evaluation Procedure

February 12, 2013

Effective immediately, if a WCMSA proposal amount was originally submitted via the web-portal,  a re-evaluation of an approved WCMSA amount can be requested through the WCMSA web portal, if the claimant or submitter believes that a CMS determination:

• contains obvious mistakes, such as mathematical errors or a failure to recognize that medical records already submitted show a surgery CMS priced has already occurred, or
• misinterpreted evidence previously submitted, a re-evaluation maybe requested.  

Please refer to  Question # 12 of the July 11, 2005, procedure memorandum located in the “downloads” section of this page for detailed information regarding when a  re-evaluation request maybe submitted.  The CMS Regional Offices will continue to review the requests submitted through the portal.

Posted on CMS Workers Compensation Agency Services

Read more about WCMSA and workers' compensation 

Workers' Compensation: Annual Reporting of WCMSA Account ...

Jan 03, 2012

Address for submitting annual accounting documentation to CMS' Medicare Secondary Payer Recovery Contractor (MSPRC). Please send your completed annual Workers' Compensation Medicare Set-aside Arrangement ...

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

 

Workers' Compensation: CMS Publishes WCMSA Operating Rules

Dec 19, 2008

The Centers for Medicare and Medicaid Services (CMS) has now published a copy of its Operating Rules regarding the evaluation of set-aside proposals. CMS cited that distribution of this material may reduce review time by ...

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

 

Workers' Compensation: CDC in Reviewing WCMSA Limits Review ...

Jun 06, 2008

CDC in Reviewing WCMSA Limits Review to One Life Expectancy Table. Effective July 1, 2008 the Centers for Medicare and Medicad (CMS) will exclusively use the Centers for Disease Control (CDC) Table 1 (Life Table for ...

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

 

Workers' Compensation: CMS Lists How to Avoid 10 Top WCMSA ...

Sep 10, 2009

CMS Lists How to Avoid 10 Top WCMSA Errors. The Centers for Medicare and Medicaid Services has now posted the 10 top errors on Workers' Compensation Set Aside Agreement submissions and how to avoid them: 1.

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

Related articles

• Class Action by Medicare Advantage Beneficiares Dismissed By Federal Court (workers-compensation.blogspot.com)
• State Audit Reveals North Carolina Needs To Combat Employer Fraud (workers-compensation.blogspot.com)
• Medicare Conditional Repayment Procedures: Former Judge to Speak About New Law (workers-compensation.blogspot.com)
• Protect American workers from exposure to silica on the job (workers-compensation.blogspot.com)

All Forms of Asbestos Cause Cancer

In a joint statement the World Health Organization (WHO) and the International Agency for Research on Cancer (IARC) again declared all forms of asbestos cause cancer.

Joint WHO/IARC Statement
19 February 2013

In response to allegations in the recent Lancet article, IARC in the dock over ties with asbestos industry (The Lancet, doi:10.1016/S0140-6736(13)60152-X), WHO and IARC (International Agency for Research on Cancer) state the following:

• All forms of asbestos are carcinogenic to humans (IARC Monographs Volume 100C) and stopping the use of all forms of asbestos is the most efficient way to eliminate asbestos-related diseases (WHO Fact Sheet No 343).
• The study on cancer in chrysotile workers in Asbest, Russian Federation, for which IARC is providing its epidemiological expertise, will supply important scientific information to better quantify the risk of cancers already known to be related to chrysotile as well as additional cancers suspected to be related to chrysotile, the asbestos fibre is the most commonly produced.
• WHO and IARC take conflict of interest seriously and use a rigorous process to protect our research and development of norms, standards and guidelines from undue influence.
• IARC confirms the completeness and accuracy of all data and statements of scientific results published in the British Journal of Cancer (Estimating the asbestos-related lung cancer burden from mesothelioma mortality, doi:10.1038/bjc.2011.563) and presented at a conference in Kiev.

IARC, as WHO’s cancer research agency, remains committed to providing the most reliable, independent scientific evidence on which public health decisions can be based.

When Should A Disabled Worker Take Social Security Benefits

Disabled workers are faced with complex decisions on when they should take Social Security benefits. The senario is complicated with the addition of  workers' compensation benefits and pensions, especially if they are married and/or have dependent children.

Answers to maximizing Social Security benefits are now available on-line as reported by the PBS Newshour. Several versions, including a free basic version, of software is available from Laurence Kotlikoff, Professor of Economics at Boston University. A version called, Maximize My Social Security is available for a licensing fee of $40.00 per year.