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

Thursday, April 11, 2013

Texas: The Wild West in Action Without Workers' Compensation

Texas for all intents and purposes eliminated its workers' compensation system. Now comes a scathing report from National Public Radio (NPR) about how bad it is for workers who get injured in Texas.

"According to the study, 1 in every 5 Texas construction workers will require hospitalization because of injuries on the job. Texas is the only state in the nation without mandatory workers' compensation, meaning hospitals and taxpayers usually end up shouldering the cost when uncovered construction workers are hurt."

Listen to the complete story: Construction Booming In Texas, But Many Workers Pay Dearly 

Monday, April 8, 2013

CMS Defines Further Defines Policy Implementation on Part D Coverage of Benzodiazepines and Barbiturates


CMS issued the following statement today concerning its policy implementation on Part D Coverage of Benzodiazepines and Barbiturates

"On October 2, 2012, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to Part D Sponsors concerning the transition to Part D Coverage of Benzodiazepines and Barbiturates beginning in 2013.

"Effective June 1, 2013, all  Workers’ Compensation Medicare Set-Aside (WCMSA) proposals submitted to CMS for a review of the adequacy of the proposal amount are to include the pricing of benzodiazepines and barbiturates, where appropriate.

"Please note that WCMSA cases submitted to CMS  before June 1, 2013, closed due to missing, incomplete and/or inadequate supporting documentation (or any  other reason), and subsequently re-opened after June 1, 2013, will also be subject to a review that includes the pricing of benzodiazepines and barbiturates.

Friday, April 5, 2013

Obama Administration Proposed Social Budget Cut Places More Stress on Workers' Compensation

It has been reported that the Obama Administration will soon propose budgetary cuts in social welfare programs. Those cuts may produce further economic stress on the nation's financially beleaguered workers' compensation system.

A reduction or rationing of medical care through Medicare will remove the safety net available to
injured workers who have been denied workers' compensation benefits initially and are delayed in the administrative/adjudicatory process.

In those states when there is a "reverse offset." the workers' compensation insurance carrier takes an offset when combined benefits exceed the ACE (Average Current Earning) before the onset of lost time, reduction of COLA (Cost of Livening Assessment) the carriers will be required to pay more dollars.

"President Obama next week will take the political risk of formally proposing cuts to Social Security and Medicare in his annual budget in an effort to demonstrate his willingness to compromise with Republicans and revive prospects for a long-term deficit-reduction deal, administration officials say."

Click here to read the complete article: "Obama Budget Reviving Offer of Compromise With Cuts" NYT

Thursday, April 4, 2013

Bring a Gun to Work: Is That A Good Public Policy?


Workers' Compensation covers claims of violence in the workplace. Those claims may be escalating if the NRA (National Riffle Association) gets its way and its model legislation allowing employees to bring a gun to work, even if the employer has a policy to the contrary.

"The measures, backed by the National Rifle Association, would allow workers in Alabama,
President Obama visits with survivors of the
shooting in Aurora, Colorado. July 22, 2012
(White House Photo)
Tennessee, South Carolina and Pennsylvania to keep the weapons locked and hidden in their cars in employee parking areas. Seventeen states have approved similar measures since 2003, according to a tally by the Law Center to Prevent Gun Violence in San Francisco."

Read the complete article:  Guns-to-Work Laws Spread in U.S. as Business Fights NRA (Bloomberg)


Previously-Denied Claims for Some Hanford Workers to be Reviewed

The author, Kit Case, highlights the continuing issues of this Federal Program. The Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) (P.L.106-398) which was enacted into law in October, 2000 with strong bipartisan support. EEOICPA establishes a program to provide compensation to employers of the Department of Energy (DOE), its contractors and subcontractors, companies that provided beryllium to DOE, and atomic weapons employers. After a decade of enactment the complexity of the EEOIC remains a struggle for injured workers and their families to gain benefits. See also http://tinyurl.com/bqaepmb.

Annette Cary of the Tri-City Herald reported on a change in the way that some claims will be handled for exposures at the Hanford Nuclear Site, including a review of more than 800 previously denied or pending claims for ill Hanford workers that are being reconsidered or put on a fast track for a decision after federal compensation rules were recently eased.

All those claims are for cancers covered by a newly designated special exposure cohort for workers at Hanford from July 1972 through 1983. Workers received that designation if inadequate information existed to estimate their radiation exposure.
The classification allows workers or their survivors to claim $150,000 in compensation plus medical coverage without an estimate showing they received enough radiation to likely cause the cancer. They also may be eligible for up to an additional $250,000 for impairment and wage loss.

Read Ms. Cary's full story here for more details.


Read more about  EEOICPA" claims.
Jan 13, 2012
15, 2010, DEEOIC determined that the Uranium Mill at Shiprock, N.M., was a covered DOE facility for the purposes of the EEOICPA. Given that Uranium Mill at Shiprock was only one of the facilities associated with the Uranium ...
Sep 05, 2012
Former employees of the following sites may be eligible for EEOICPA compensation and medical benefits if they worked at the facility during a period of covered employment: International Nickel Co. Bayonne Laboratories in ...
Apr 23, 2011
The Department of Health and Human Services (HHS) is proposing to treat Chronic Lymphocytic Leukemia (CLL) as a radiogenic cancer under EEOICPA. Under the current final rule on Guidelines for Determining the ...

Wednesday, April 3, 2013

Student Athletes Should be Covered by Workers' Compensation Policies


Student Athletes Should be Covered by Workers' Compensation Policies


They call them "student players" and the schools, televisions companies and advertisers make the money. The "students" get injured and no benefits are available for medical (except when over $90,000 on medical has been expended then an NCAA policy kicks in), no temporary disability or permanent disability are afforded. The student suffer lifetime and carrer altering injuries as they play their hearts out for the schools and they do so without adequate compensation.

There is major inequality going on in College sports which indeed is a BIG business. 

The coaches hammer at the student players and entice them to play too many games in a growing TV broadcast season where one conference add up upon another expanding to greater proportions and placing serious physical demands upon the player resulting in accidents and injuries. 

Additionally bullying by coaches as revealed by Rutgers Basketball Coach Rice physically assaults the students and berates them with indecent name calling.

Where is the accountability? The students are actually employed by the schools to earn profits for the educational institutions and corporate sponsors. The student players are being exploited. Student athletes should be covered by workers' compensation policies.

Tuesday, April 2, 2013

CMS Hosting a Town Hall Event for WCMSA


Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Town Hall  Event

The CMS will be hosting a WCMSA teleconference on April 11, 2013. This event will provide stakeholders an opportunity to learn more about the Workers’ Compensation Review Contractor (WCRC), and discuss procedural matters that are not case specific.


In an effort to address as many topics as possible, CMS is requesting stakeholders to submit non-case specific questions they would like to have addressed during the teleconference to the CMS MSP Central mailbox* prior to the teleconference. CMS will review and categorize the questions submitted and attempt to answer as many questions as possible during the teleconference. There may also be an opportunity for the stakeholders to ask questions after the presentation.

Date of Teleconference:   April 11, 2013
Call-in time for all calls:   2:30-4:30p.m. EST
Call-in line:                          (800) 603-1774
Pass Code:                           WCRC
Questions for call:            Please submit to CMS mspcentral@cms.hhs.gov*

Questions may be submitted beginning April 1, 2013 thru April 5, 2013 @ 3:30 p.m. EST.
All questions submitted for the teleconference to the email address shown above should clearly state in the subject line “WCRC April 11, 2013 Town Hall Teleconference.”  

Note: Questions submitted to the mailbox after the date and time noted above will not be considered.