Administration Urges Rate Changes for US FELA Benefits

Gary Steinberg, Acting Director Office of Workers' Compensation Programs,  U.S. Department of Labor Acting testified before the Subcommittee on Workforce Protections Committee on Education and the Workforce, U.S. House of Representatives,  on July 10, 2013

"Thank you for inviting me to this important hearing today. As you know, the Department of Labor's

Gary Steinberg, 
Acting Director Office of Workers'
Compensation Programs, 
U.S. Department of Labor,

(DOL) Office of Workers' Compensation Programs (OWCP) administers a number of workers' compensation programs, including the Federal Employees' Compensation Act (FECA) program, which covers 2.7 million Federal and Postal workers and is one of the largest self-insured workers' compensation systems in the world.

I appreciate the opportunity to discuss legislative reforms to FECA that would enhance our ability to assist FECA beneficiaries to return to work, provide a more equitable array of FECA benefits, and generally modernize the program and update the statute. Almost 97 years ago, on September 7, 1916, Congress enacted FECA to provide comprehensive Federal workers' compensation coverage to all Federal employees and their survivors for disability or death due to an employment injury or illness.

Lead Paint - Industry Has Yet to Meet Its Responsibility

Bill Moyers recently interviewed Gerald Markowitz and David Rosner, public health historians and authors of several books, including Lead Wars, about the politics of toxic substances. 

"And the industry said over 50 years ago that this was an insoluble problem, it was a problem of, caused by slums, it was a problem caused by who they called uneducable parents. And so that they washed their hands of the problem and they have still washed their hands of the problem. Parents have played, excuse me, paid the cost of lead poisoning. Landlords have even paid the cost of lead poisoning. The government has paid the cost of lead poisoning. The industry has not paid to get that lead off the walls so future generations of children can be protected." Gerald Markowitz

Click here to see the entire video recording of the program: "Toxic Disinformation" aired on PBS May 17, 2013.

California Public Entity Lead Paint Lawsuit Trial Starts (Bloomberg 7.15.13)

OSHA Targets Occupational Exposure to Isocyanates

The Occupational Safety and Health Administration today announced a new National Emphasis Program to protect workers from the serious health effects from occupational exposure to isocyanates. OSHA develops national emphasis programs to focus outreach efforts and inspections on specific hazards in an industry for a three-year period. Through this NEP, OSHA will focus on workplaces in general, construction and maritime industries that use isocyanate compounds in an effort to reduce occupational illnesses and deaths.

"Workers exposed to isocyanates can suffer debilitating health problems for months or even years after exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Through this program, OSHA will strengthen protections for workers exposed to isocyanates."

Isocyanates are chemicals that can cause occupational asthma, irritation of the skin, eyes, nose and throat, and cancer. Deaths have occurred due to both asthma and hypersensitivity pneumonitis from isocyanates exposure. Respiratory illnesses also can be caused by isocyanates exposure to the skin. Isocyanates are used in materials including paints, varnishes, auto body repair, and building insulation. Jobs that involve exposure to isocyanates include spray-on polyurethane manufacturing, products such as mattresses and car seats and protective coatings for truck beds, boats, and decks.

New App to Keep Workers Cool and Safe

OSHA has introduced a new application to protect workers from heat-related illness.

"The App allows workers and supervisors to calculate the heat index for their worksite, and, based on the heat index, displays a risk level to outdoor workers. Then, with a simple "click," you can get reminders about the protective measures that should be taken at that risk level to protect workers from heat-related illness-reminders about drinking enough fluids, scheduling rest breaks, planning for and knowing what to do in an emergency, adjusting work operations, gradually building up the workload for new workers, training on heat illness signs and symptoms, and monitoring each other for signs and symptoms of heat-related illness."

Alleged Claim of Assault by Employer Results in a Dismissal

A car salesman, who alleged that his employer punched him in the ear, was denied workers' compensation benefits. The claimant, who presented a claim for total permanent disability, was unsuccessful, after the trial judge found the worker just not credible.

The judge, Ronald Allen, NJ Judge of Compensation, based his dismissal on the evidence, after the

employer testified that the accident never occurred  the worker never filed a criminal complaint against the employer, and the the employee did not seek immediate medical treatment.

The employer's medical expert, Dr. Aragona, testified that the employee lacked complaints and  the clinical neurological examination was normal.

Furthermore, the Judge found that the petitioner's expert did not take into consideration a serious prior medical condition.

The Appellate Court held that it would not disturb the trial decision as there was insufficient evidence the the trial Judge's credibility determinations were in error.

Schofel v. Route 22 Nissan, NJ App Div A-5924-11T4, Decided July 11, 2013.

Related articles

• Connecticut Employers Shut Down For Not Paying Workers' Compensation Insurance
• NJ Workers Compensation Companies Pay More for Hospital Fees
• NJ Uninsured Fund Cracks Down on Uninsured Employers
• Criminal Charges Urged Against Sedgwick
• Opioid Use in Workers' Compensation

Connecticut Employers Shut Down For Not Paying Workers' Compensation Insurance

Today's post comes from guest author Paul J. McAndrew, Jr. from Paul McAndrew Law Firm.

In these tough economic times, many companies aren’t paying basic requirements for their employees like Social Security, income taxes, unemployment, or workers’ comp. This has led states all over the country to start doing spot-checks on construction sites.

Employers beware – protect your workers with workers’ compensation insurance – it’s the law, and states are cracking down. Just this week

Connecticut’s Labor’s Wage & Workplace Standards Division shut down two subcontractors who were helping to build a high-rise in Stamford, CT.

According to the state, the Virginia-based contractors couldn’t provide evidence that their employees had workers’ compensation coverage in the state of Connecticut. With unemployment high and the recession lingering, employers seem to be increasingly taking advantage of the fact that people are willing to work without appropriate coverage.

 It is a real shame that these days so many people are going to work without the protections that they are due under the law.

Related articles

• NJ Workers Compensation Companies Pay More for Hospital Fees
• NJ Uninsured Fund Cracks Down on Uninsured Employers
• Criminal Charges Urged Against Sedgwick
• New Vital Signs Report How has the prescription painkiller overdose epidemic grown in women
• New Trend - Penalties For Not Participating In Your Employer's Wellness Program

Zadroga 9-11 Fund to Make Payments for Prostate Cancer

On May 2, 2013, the Administrator of the World Trade Center (WTC) Health Program received a petition (Petition 002) requesting the addition of prostate cancer to the List of WTC-Related Health Conditions (List) covered in the WTC Health Program. The Administrator has determined to publish a proposed rule adding malignant neoplasm of the prostate (prostate cancer) to the List in the WTC Health Program regulations.

Click here to read the Proposed Rule: A Proposed Rule by the Health and Human Services

Department on 07/02/2013

For more information about filing a claim click here.  Click to submit a case inquiry.

Related information about Zadroga 9-11 Claims:

The James Zadroga 9/11 Health & Compensation Act of 2010

Feb 16, 2011

On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...

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

New York Dignitaries Celebrate The Zadroga Act Taking Effect

Jul 01, 2011

Signed into law in early January, the Zadroga Act provides sustained funding for the WTC Centers of Excellence and ensures that those facing 9/11-related health problems continue to receive monitoring and treatment ...

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

NIOSH Fails to Link Cancer as Zadroga Fund Compensable

Jul 26, 2011

The National Institute for Occupational Safety and Health (NIOSH) published a report concluding that cancer is not a compensable disease for the Zadroga World Trade Center Victims Compensation Fund. The report ...

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

Zadroga Health Fund: Utility Workers Suffer Increased Anxiety

Feb 24, 2011

The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...

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