State Law Does Not Preempt State Medical Authorization Criteria

The 5th Circuit Court of Appeals has ruled that The Texas Workers' Compensation Act does not preempt the Medicare Secondary Payer (MSP) 42 U.S.C.§ 1395y(b), as to the state statute's mandated requirement to obtain preauthorization for medical care. 

The Court ruled that.  "...Congress explicitly prohibited workers' compensation and other insurers from subordinating their payment obligations to those of Medicare." "....Congress intended the MSP to complement, not supplant, state workers' compensation rules."

Caldera v. Insurance Co, of the State of PA, ____ F.3rd ___, 2013 WL 1975660 C.A.5 (Tex), 2013. Decided May 14, 2013.

The Government Must Lead The Way in Workplace Health and Safety

The government must maintain a strong and credible roll in establishing and maintaining workplace health and safety. The tendency to yield to political and economic interests should avoided.

One area where the government is lacking is the establishment on a complete ban of the

use of asbestos containing products. It is far late in the game, but lives will be saved if in fact asbestos was banned. Additionally, government agencies should be insulated from political  from those interests that would sway them into the opposite area.

"Government has a responsibility to implement effective public health measures that increase the information available to the public and decision makers, protect people from harm, promote health, and create environments that support healthy behaviors. The health, financial, and productivity gains from public health actions benefit individuals and society as a whole."

Click here to read, "Government's Role in Protecting Health and Safety, "Thomas R. Frieden, M.D., M.P.H. N Engl J Med 2013; 368:1857-1859May 16, 2013DOI: 10.1056/NEJMp1303819

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The Attack on the Citadel: A Potential National Loss

Workers’ Compensation is conceptually changing, and its extinction is becoming more apparent rather than its transformation. Over the past decades, the “grand bargain” of Workers’ Compensation had evolved to ease the American industrial/manufacturing revolution forward, without burden from the economic complexities and ramifications of the Civil Justice System. 

“The Promise” made in 1911, with the adoption of the compensation system, is now past history. The demands of the globalized marketplace have eroded the fortress of workers’ compensation that protected the rights, safety and lives of American workers.

Dynamic developments, occurring at an ever increasing pace, have altered the landscape and accelerated a devastating attack on the citadel of workers’ compensation. The root of the cause is economic.

OSHA's Intent Is Not To Preempt State Tort Law Claims by the HazCom Standard

My thanks to attorney, Steven H. Wodka of Little Silver, NJ, for sending this information:

"Those of you who handle toxic torts may have seen defense motions to dismiss your

clients’ failure to warn claims based on the argument that such claims are preempted by OSHA’s hazard communication standard.  Their argument is based on an unpublished NJ Appellate Division decision, Bass v. Air Products & Chemicals Inc., et al., Docket No.  A-4542-03T3, decided May 25, 2006.

Forecasters Predict Increased Hurricane Activity Raising Concern for Worker Saftey

On the heels of last year's Superstorm, Hurricane Sandy, some of the nation's top storm forecasters are now predicting yet another year of above average storms. The dire prediction raises concerns over the prospects on ensuring worker safety, and whether the workers' compensation system is capable of delivering benefits in an efficient and effective manner during recurrent natural disasters.


"We anticipate that the 2013 Atlantic basin hurricane season will have enhanced

activity compared with the 1981-2010 climatology. The tropical Atlantic has anomalously warmed over the past several months, and it appears that the chances of an El Niño event this summer and fall are unlikely. We anticipate an above-average probability for major hurricanes making landfall along the United States coastline and in the Caribbean. Coastal residents are reminded that it only takes one hurricane making landfall to make it an active season for them, and they need to prepare the same for every season, regardless of how much or how little activity is predicted."

Read the complete report: "EXTENDED RANGE FORECAST OF ATLANTIC SEASONAL HURRICANE ACTIVITY AND LANDFALL STRIKE PROBABILITY FOR 2013"

Protecting Healthcare Workers is a Goal of NIOSH

In the US there are over 14 million healthcare workers and many are not adequately protected from hospital and nursing home infections. Now NIOSH is going on the education offensive to alert healthcare workers on how to use respiratory protection at work.

Over the last few months, I have seen first hand how hospitals struggle to stop the spread of Staph
and Strep infections to little avail.Many healthcare professional don't know how to properly take an efficient culture while swabbing the patient's skin leading to alarming rates of incorrect diagnosis and frantic use of high powdered antibiotics that merely stress that patient more.

"Poor compliance with respiratory protection requirements and proper use recommendations in healthcare settings remains a vexing problem."

Click here to read the complete NIOSH announcement.

New DSM Criteria Manual Challenged by Expert for Lack of Validity

Setting standards for the assessment of psychiatric criteria in workers' compensation claims has been a major challenge. Subjective criteria has been difficult for the experts, evaluators and courts to yield an objective analysis.

With a new version of the Diagnostic and Statistical Manual of Mental Disorders, or

D.S.M., to be published a new challenge to the assessment tool has been made.

"Just weeks before the long-awaited publication of a new edition of the so-called bible of mental disorders, the federal government’s most prominent psychiatric expert has said the book suffers from a scientific 'lack of validity.'"

Read the complete article "Psychiatry’s Guide Is Out of Touch With Science, Experts Say" NY Times