Privacy: Workers' Compensation Health Data Heading for Electronic Storage

Medical records are a significant aspect of workers' compensation claims and storing them is a significant issue. As claims are filed and litigation is pursed, medical records become critical evidence in evaluation claims and adjudicating decisions.

With the explosion of electronic medical records mandated by The Patient Protection and Affordable Health Care Act, the secure storage. retrieval and dissemination of medical records has become a challenge. Even though The Health Insurance Portability and Accountability Act of 1999 (HIPPA) mandates a privacy exclusion for workers' compensation claims, the medical records must remain protected and secure to maintain integretary and avoid unlawful access.

Missing from the equation are regulations from workers' compensation agencies to provide for the security and integrity of the records that have been widely disseminated within the workers' compensation system.

One company has has built a "Bunker" for health records.

Detroit's Bankruptcy Signals a Failure in Disability Compensation Programs in the US

The bankruptcy of the city of Detroit reflects not only an economic and social tragedy for America, but it also marks a failure of basic disability and compensation programs for the US workers. It is a sentinel event marking the end of a booming industrial era for the US, and its disability and retirement programs, and demonstrates the consequences of a benefit scheme built on empty promises for injured workers.

"Once the very symbol of American industrial might, Detroit became the biggest U.S. city to file for

bankruptcy Thursday, its finances ravaged and its neighborhoods hollowed out by a long, slow decline in population and auto manufacturing.

"The filing, which had been feared for months, put the city on an uncertain course that could mean laying off municipal employees, selling off assets, raising fees and scaling back basic services such as trash collection and snow plowing, which have already been slashed.

Click here to read the entire article: "Detroit Bankrupt: Kevyn Orr Asks Federal Judge The Place City Under Chapter 9 Bankruptcy Protection"

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How far do you have to go to accommodate a lifting restriction?

Today's post was shared by Lynch Ryan and comes from www.safetynewsalert.com

Due to a workplace injury, an employee had a permanent 20-pound lifting restriction. She applied for a position that required heavy lifting. Did the company have to accept her suggestion on how to accommodate her restriction?

Renee Majors worked at the General Electric (GE) Bloomington, IN, plant. In 2000, she suffered a work-related injury to her right shoulder that left her limited to lifting no more than 20 pounds and precluded her from work above shoulder level with her right arm.

The restrictions were temporary at first, but they were later determined to be permanent.

In 2009, Majors was the senior eligible bidder for a temporary purchased material auditor position under the collective bargaining agreement with GE. An essential function of the position was “intermittent movement of heavy objects.”

Construction Concerns for Firefighters: Trusses

Today's post was shared by Safe Healthy Workers and comes from www.fireengineering.com

Article and photos by Gregory Havel

Sometimes we get the impression from news stories and even from firefighting textbooks that the truss is a recent development in construction, and that the bowstring truss (photo 1) is the most hazardous in a fire.

A truss is a structural component that is made up of smaller members that are arranged in triangles and connected at their intersections. Individual truss members are either in compression or in tension. Trusses are usually used to span distances that are too long for conventional beams; or, in smaller dimensions, to reduce weight and cost during construction.

The structure in photo 1 was built around 1960, and used the bowstring truss so that there would be a large unobstructed floor area for retail sales and so that the roof would easily shed rain and melting snow. These trusses are usually built of either wood or steel, although some have wood for the top and bottom chords and steel for the web members. Bowstring trusses were originally designed for bridges, but became popular during World War II to support the long roof spans of aircraft hangers and manufacturing facilities.

Governor Christie Vetoes First Responder Workers' Compensation Bill

NJ Governor Chris Christie has vetoed legislation that would would have created a presumption that of compensability for first responders who contracted cancer. He calls NJ workers' compensation system "successful" as is.

S-1778/A-1196 (Greenstein/Stender, Egan, O’Donnell, Wimberly) – ABSOLUTE -  ‟Thomas P. Canzanella Twenty First Century First Responders Protection Act”; concerns workers’ compensation for public safety workers.

July 18, 2013 
SENATE BILL NO. 1778 
(First Reprint) 
To the Senate: 
 Pursuant to Article V, Section I, Paragraph 14 of the New 
Jersey Constitution, I am returning Senate Bill No. 1778 (First 
Reprint) without my approval. 
 Since New Jersey’s workers’ compensation law was enacted 
more than a century ago, the unique circumstances surrounding 
workplace injuries of all employees – including our State’s 
public safety workers – have been considered in the context of 
the fact-sensitive circumstances surrounding each incident. 
This time-tested process appropriately balances all facts 
necessary to determine a proper compensation award. In 
contrast, this bill alters that careful balance by providing 
public safety workers with a presumption to workers’ 
compensation, rebuttable only by clear and convincing evidence. 
This sweeping new standard would apply to disabilities 
associated with an array of enumerated incidents and, in some 
cases, disabilities not tethered to any work-related incident at 
all. 
As a State, we must continually recognize the selfless 
contributions of our first responders. Day in and day out, 
these brave women and men make enormous sacrifices in order to 
ensure our collective safety, health, and well-being against all 
manner of threats. That essential public service, and the costs 
associated with the injuries those duties may cause, must be 
administered in a responsible manner that matches our public 
resources. Although this measure would likely have a 
significant impact on State, local, and municipal government 
budgets, the bill’s sponsors refused to obtain a fiscal analysis 
or refer the bill to either house’s respective budget  
committees. Regrettably, the Legislature’s failure to pursue 
the responsible course of thoroughly reviewing the significant 
changes to a successful and long-standing system, and the 
corresponding impact of this proposal on taxpayers, prevent my 
approval. 
Our public safety workers are vital to our State and I am 
committed to ensuring their well-being and protection. Reasoned 
suggestions for improving those practices should be openly and 
honestly evaluated. While I welcome a discussion on new ways to 
enhance the lives of emergency responders, the truncated and 
insufficient manner in which this proposal was prepared and 
passed is not consistent with our responsibility as elected 
representatives of all citizens. 
 Accordingly, I herewith return Senate Bill No. 1778 (First 
Reprint) without my approval. 
Respectfully, 
 [seal] /s/ Chris Christie 
 Governor 
Attest: 
/s/ Charles B. McKenna 

Chief Counsel to the Governor 

Read more about workers compensation and Governor Christie

NJ Governor Christie to Propose Workers' Compensation Reform

Apr 23, 2013

“'We're going to be coming up with a package of proposals that's going to work both sides of that,' Christie told a caller on his monthly NJ 101.5 FM radio show tonight. 'The employers who may not be stepping up and meeting ...

http://workers-compensation.blogspot.com/
....
For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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California Trial Starts Against Lead Paint Industry for Creating a Public Nuisance

After years of pre-trial arguments and following the denial of summary judgment motions by lead paint companies, Sherwin Williams and NL Industry, the case brought by several California entities has commenced in California.

"The lawsuit differs from other unsuccessful attempts in seven other states to sue lead

paint manufacturers by arguing the companies violated state public nuisance laws, rather than health laws. Government lawyers won’t have to show that specific individuals were harmed in a direct way, only that the industry assisted in the creation of a public nuisance."

Click here to read the complete article: "$1 Billion Lead Cleanup Lawsuit Underway after 13 Years of Legal Maneuvering" 

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.