Employer Fraud: Safety Manager Conceals Employee Injuries for Bonus

On Apr. 11, 2013, Walter Cardin, 55, of Metairie, La., was sentenced to serve 78 months in prison followed by two years of supervised release, by the Honorable Curtis L. Collier, U.S. District Judge. Cardin was convicted at trial in November 2012, after being charged by a federal grand jury with eight counts of major fraud against the Tennessee Valley Authority (TVA), an agency of the United States.

The indictment and subsequent conviction of Cardin was the result of a six-year

investigation conducted by the TVA-Office of Inspector General (TVA-OIG). The trial revealed that Cardin, as safety manager for the Shaw Group (formerly Stone & Webster Construction) at TVA’s Brown’s Ferry Nuclear site in Athens, Ala., provided false and misleading information about injuries at that facility as well as TVA’s Sequoyah Nuclear site in Soddy Daisy, Tenn., and TVA’s Watts Bar Nuclear site near Spring City, Tenn. 

The Shaw Group had a contract with TVA to provide maintenance and modifications to the three facilities and to provide construction for the Brown’s Ferry Unit Number 1 reactor restart. Cardin generated false injury rates which were used by the Shaw Group to collect safety bonuses of over $2.5 million from TVA. As part of a civil agreement filed with the United States in 2008, the Shaw Group paid back twice the amount of the ill-gotten safety bonuses.

US EPA Reports: Better Planning, Execution and Communication Could Have Reduced the Delays in Completing a Toxicity Assessment of the Libby, Montana, Superfund Site

The US EPA could have done better in handling the asbestos exposure site in Libby Montana according to a report issued yesterday by the US EPA's Inspector General. 

"U.S. Environmental Protection Agency (EPA) action officials did not complete  planned corrective actions under its Libby Action Plan in a timely manner. This occurred because the scope of the work was larger than originally thought; there was no established charter; and there were contracting delays, competing priorities, unanticipated work, and poor communication with stakeholders. Consequently, the Agency has twice revised its estimates for completing actions in response to our December 2006 report. 

"The toxicity assessment is one of two components (an exposure assessment 

being the other) that makes up the health risk assessment for determining 

cleanup levels in Libby. In December 2011, EPA informed us that the health 

risk assessment would be substantially delayed. As a result, the Agency’s final 

determinations that the completed and ongoing cleanup actions are sufficient to 

address the health risks from site contamination have been delayed from 2 to 6 

years, depending on the studies being performed. This is a significant concern, 

considering that the EPA Administrator declared a public-health emergency at 

the Libby site in 2009 and the Agency has spent over $400 million on cleanup. 

Communications about delays in completing Libby Action Plan items, and the 

reasons for those delays, were not always timely or clearly communicated to 

stakeholders; and EPA officials failed to update the Agency’s follow-up system 

or notify the Office of Inspector General (OIG) about known delays until 

planned corrective actions under the Libby Action Plan could not be met.

Click here to read the complete report: Better Planning, Execution and Communication Could Have Reduced the Delays in Completing a Toxicity Assessment of the Libby, Montana, Superfund Site

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 Health, Tom O'Connor Should Your Job Kill You?

Read more about "occupational illness" and workers' compensation:

Breast Cancer Presumed Occupational Illness - Workers ...

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 ...

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

Workers' Compensation: OSHA Needs To Be Strengthened

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 .

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

Alice in Wonderland - A Lesson in Occupational Illness - Workers ...

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 ...

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

Workers' Compensation: US Lacks a Census of Occupational Illness ...

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 ...

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

Related articles

• OSHA Needs To Be Strengthened
• The Toxic Cloud Over the US EPA
• Workers' Compensation is Riding on the Road to Wellville with Obama Care
• Another Asbestos Company Files for Bankruptcy: Rapid American / Philip Carey Manufacturing Co.
• Previously-Denied Claims for Some Hanford Workers to be Reviewed

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/

Related articles

• Employee Wellness Programs And Workers' Compensation
• Texas: The Wild West in Action Without Workers' Compensation
• Truckers are often entitled to benefits from multiple states.
• Jobs....a long way to go

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 

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.

Related articles

• CMS Hosting a Town Hall Event for WCMSA (workers-compensation.blogspot.com)
• CMS Publishes Brand New Reference Guide for Medicare Set-Aside Arrangements (workers-compensation.blogspot.com)
• CMS Announces New WCMSA Re-Evaluation Procedure (workers-compensation.blogspot.com)