Copyright
Thursday, February 28, 2013
California, Workers' Compensation and The Nuclear Option
E-Filing Is A Good Thing
The Bob Cummings Show January 2, 1955 to September 15, 1959 |
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.
Wednesday, February 27, 2013
Knee Replacement Medical Device Recalled
Thursday, February 21, 2013
Out-of-State Work-Related Injuries: What You Need to Know
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
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.
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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
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)
Wednesday, February 20, 2013
All Forms of Asbestos Cause Cancer
19 February 2013
- 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.