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

Saturday, April 13, 2013

Occupational Illnesses Continue to Unnecessarily Kill Workers

A recent Letter to the Editor in the New York Times focuses on the fact that US workers continue to suffer from fatal occupational diseases and illness that are avoidable. 

Commenting on the feature article exposing the need to great enforcement of safety measures by OSHA, Tom O'Connor, Executive Director, National Council for Occupational Safety and Health, stated: "While nearly 5,000 workers die on the job each year, an estimated 50,000 more develop an occupational illness. Yet despite this toll, the federal government sits on rules that could help prevent workers from developing occupational illnesses. A proposed rule that would prevent workers from being exposed to dangerous levels of silica dust on the job has remained mired at the Office of Management and Budget for more than two years."

Click here to read the entire letter: LETTER Rules on Worker HealthTom O'Connor Should Your Job Kill You?

Read more about "occupational illness" and workers' compensation:
Mar 18, 2011
Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related illness. The legislation also creates a presumption that 3 other cancers (skin, prostate ...
Mar 31, 2013
A just published study reports that only 25% of occupational disease claims are covered by US workers' compensation programs. Click here to read the entire report: Economic Burden of Occupational Injury and Illness in the .
Mar 05, 2010
Alice in Wonderland has been released in the movie theaters today. The National Institute of Occupational Safety and Health (NIOSH) has been quick to remind us of the Mad Hatter and mercury exposures. "Society has made ...
Mar 17, 2011
In a series of articles, Celeste Monforton discusses the absence in the U.S. of a comprehensive system for surveillance of occupational illnesses sand disease. Citing the the U.S. Surgeon General in 1965 that..."it is almost ...

Thursday, April 11, 2013

Where Have All The Lawyers Gone?


No where is it more evident than in workers' compensation law, that the lawyers and their practices to assist injured workers, are disappearing. Workers are finding it difficult to obtain legal representation.

Many factors are causing this phenomenon. The principle reasons why the practice of

workers compensation law are shrinking are legal, social and economic.

Those factors include: a shrinking employment base, the loss of a manufacturing sector, and continued Industry "reform" efforts to bar injured workers from accessing the compensation system.

Additionally, as the practice of workplace law keeps drying up, disillusioned new lawyers are abandoning the practice of law at ever increasing numbers. Established law firms are consolidating and closing as second generation lawyers seek other types of work far from the practice of workplace law.

David B. Wilkins, who directs a program on the legal profession at Harvard Law School, said, "'In the 1970s, lawyers spent about half their time serving individuals and half on corporations. By the 1990s, it was two-thirds for corporations. So there has been a skewing toward urban business practice and neglect of many other legal needs.'”

Read the complete article: "No Lawyer for Miles, So One Rural State Offers Pay" 


Read more about "lawyers" and "workers' compensation"

Law Schools Should Establish Workers' Compensation Law Firms
Mar 08, 2013
Today the NY Times reports that law schools through the nation are opening law firms for recent graduates creating new post graduate job opportunities for debt ridden students and for additional training. The field of workers' ...
http://workers-compensation.blogspot.com/


Workers' Compensation: The Law School's Roll in Workers ...
Jan 12, 2012
They will review how many law schools are featuring a workers' compensation course, how the panelists teach the subject, and they will also provide advice on how to lobby a law school to initiate such a course. The College ...
http://workers-compensation.blogspot.com/

Digital Identification: Is Your Employer Going to Take Your Digital Finger Prints, Iris Scans or Face ID

The technology to digitally capture and store an individual's personal biometric identifiable information is growing at a rapid pace. Employers, medical providers and even government agencies have become frustrated by the outlawed use of Social Security numbers as means of identification.

A simple and easily used application has now become available to collect this data through an iPhone. Balacing workers' privacy against the administration of a workers' compensation system has certainly become even more challending. The use of national and international databases for the collection, dissemination and use of this type of data publically, strikes fear in the hearts of injured workers and they become even more reluctant to report both saftey concerns and injuries to employers for fear of discrimination and retaliation.

"The California-based company AOptix rolled out a new hardware and app package that transforms an iPhone into a mobile biometric reader. As first reported by Danger Room in February, AOptix is the recipient of a $3 million research contract from the Pentagon for its on-the-go biometrics technology."

Read he Complete Article::  Now Your iPhone Can Read Fingerprints, Scan Irises and ID Your Face (Wired)

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)