DePaolo's Work Comp World: Trucks, WBV and Cancer

The National Cancer Institute (NC!) reports that over 230,000 males in the US will diagnosed with prostate cancer in 2013 and that 29,790 deaths will result. David DePaolo, published of WorkCompCentral®, writes today of the potential new wave of workers' compensation claims arising from the association of whole-body vibration syndrome (WBV) experienced by truck drivers and its relationship to prostate cancer. He links source material to support the argument. This post is shared from http://daviddepaolo.blogspot.com . You just never know what the next big risk category is going to be in workers' compensation. I had been persuaded by an argument offered by Charlie Kingdollar, Vice President emerging issues unit for General Re Corp., that nanomaterials would be the next asbestos. OSHA has been particularly concerned with silica in the past couple of years.

Florida Workers' Compensation Fillings Continue to Decrease

The national trend of far fewer workers' compensation claims is reflected in recent Florida statistics. One must look beyond the statistics and evaluate whether claims are not being filed because they have been regulatorily or statutorily been barred; whether there has been a major decrease in riskier jobs; whether the workplace is actually becoming safer; or whether lawyers are not taking the claims to adjudication because they go uncompensated for their efforts. Perhaps a combination of all. If the claims are not being filing as work related compensable events, where are benefits being sought. One certain path is Medicare and Medicare and Social Security Disability Benefits, especially those with catastrophic injuries.  Today's post is shared from Judge David Langham and I would encourage to read his entire blog post on his site at: http://flojcc.blogspot.com/2013/10/annual-reort-installment-petition.html David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings. 

"Petition filings and new case filings continued to decline last year. Remember, the Florida Office of Judges of Compensation Claims (OJCC)(and the rest of the state) runs on a fiscal year, which begins each July 1 and concludes the following June 30. So, fiscal 2013 ended last summer, and the OJCC has been compiling and preparing statistics and measures since then. It is a long process that includes verification of data that our district staff has entered into the database through the year.

"In 2012-13, 58,041 PFB were filed. In 1995-96 the total PFB filing was 56,298. So, after a significant increase in litigation following the 1994 reforms, PFB volumes are approaching the pre-reform volumes. This is an imperfect comparison. Before the 1993 reforms, "claims" were the operative pleading for identifying the dispute, and jurisdiction of this Office over such disputes was effected by filing an "application for hearing" regarding the claim. With this significant change in 1993, it is difficult to compare filing volumes to periods before 1993. 

Read the post in its entirety by clicking here.

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Target Bans the Box

Today's post was shared by Steven Greenhouse and comes from takingnote.blogs.nytimes.com

Sanctions that make it more difficult for ex-offenders to obtain jobs, housing and even basic documents like drivers’ licenses only serve to drive them back to jail. With that in mind, a growing number of states and municipalities now prohibit public agencies — and in some cases private employers — from asking about a job applicant’s criminal history until the applicant reaches the interview stage or gets a conditional job offer. These eminently sensible “ban the box” laws are intended to let ex-offenders prove their qualifications before criminal history issues enter the equation. Earlier this year Minnesota extended its existing law to cover private employers. Now, the Minneapolis-based Target Corporation, one of the nation’s largest employers, has announced that it will remove questions about criminal history from its job applications throughout the country. The announcement represents an important victory for the grassroots community group TakeAction Minnesota, which had been pressuring the company to change. This comes on the heels of a similar development earlier this month in California, where Gov. Jerry Brown signed a ban-the-box bill that applies to government employers. The federal Equal Employment Opportunity Commission gave this movement a lift last year, when it expanded and updated a ruling that barred employers from...

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Leading Coal Industry Law Firm Withheld Evidence of Black Lung Disease

Today's post was shared by FairWarning and comes from www.fairwarning.org

A miner’s struggle for benefits due to black lung disease spotlights aggressive tactics by a mining company law firm. Jackson Kelly recently was named by U.S. News & World Report as the nation’s top firm in mining law. But its actions are sometimes unethical, according to current and former judges, lawyers and state disciplinary officials. As a result, sick and dying miners have been denied benefits and affordable medical care. The firm, documents show, over the years has withheld unfavorable evidence and shaped the opinions of doctors reviewing miners’ medical claims by providing the physicians only what the lawyers wanted them to see. In a pending case involving a West Virginia miner named Gary Fox, Jackson Kelly was found to have withheld pathology reports from two doctors who concluded that Fox likely had black lung. The Center for Public Integrity - See more at: http://www.fairwarning.org/2013/10/68752/#sthash.lbQd8rOJ.dpuf

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Stryker Corp. Settles FCPA Case, Pays $13 Million

Today's post was shared by FairWarning and comes from blogs.wsj.com

Stryker Corp. settled a long-running U.S. foreign bribery case, agreeing on Thursday to pay $13.3 million to the Securities and Exchange Commission to resolve the allegations — without admitting or denying them. The Kalamazoo, Mich.-based medical device company first disclosed in 2007 that the SEC and the U.S. Justice Department had made inquiries regarding possible violations of the Foreign Corrupt Practices Act, which bars the use of bribes to foreign officials to get or keep business. An SEC investigation found that Stryker’s subsidiaries in Argentina, Greece, Mexico, Poland and Romania made about $2.2 million in illicit payments, describing them in company books as legitimate expenses such as charitable donations, service contracts, travel expenses and commissions. The company made about $7.5 million in profit as a result of the payments, the SEC said. “Stryker’s misconduct involved hundreds of improper payments over a number of years during which the company’s internal controls were fatally flawed,” said Andrew Calamari, director of the SEC’s New York office, in a statement. Joe Cooper, the director of communications for Stryker, said in an email the company has enhanced its company-wide anti-corruption compliance program, and was advised that the Justice Department closed its investigation. A Justice Department spokesman declined to comment. The SEC issued an administrative order (pdf) against Stryker requiring the company to pay...

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Retailer sandblasting bans have changed little in the garment industry

Today's post was shared by FairWarning and comes from www.mercurynews.com

Three years ago, when Levi Strauss announced it had banned the use of sandblasting, labor advocates hoped the move by the top-selling jeans maker would help end the deadly practice, which gives denim a fashionable look but is linked to a fatal lung disease. But even as Target and Gap joined Levi Strauss in proclaiming bans, sandblasting persists in factories that make those retailers' clothes in China, India, Pakistan, Egypt and Bangladesh, countries responsible for the bulk of the five billion pairs of jeans made each year, research by nonprofits, medical groups and labor organizations shows. "There clearly is sandblasting going on. I don't know how anyone could really deny it," said Katie Quan, associate chair of the Labor Center at UC Berkeley. Counterfeit jean production, outsourcing in the supply chain and vast factories that make jeans for dozens of brands under one roof make it difficult to track jeans from production to the shopping mall. But the groups say their research establishes that workers in many of these overseas factories are sandblasting -- spraying sand on denim to make it appear bleached or distressed -- without the necessary protective gear. Levi Strauss says its suppliers have removed sandblasting equipment from their factories and that it regularly conducts on-site inspections at factories. "No Levi Strauss & Co. products utilize sandblasting in product development, design, finishing or in any other aspect of garment...

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Study: No helmet brand can save football players from concussion risk

Today's post was shared by FairWarning and comes from www.latimes.com

Health experts have some bad news for high school football players: There is no particular type or brand of helmet or mouth guard that will keep you relatively safe from a concussion. The companies that make helmets and mouth guards often claim that their own products can reduce players’ risk of a sports-related concussion or lessen the impact of a concussion that does occur. These manufacturers cite “laboratory research” that purports to show one brand is safer than others, and a group of researchers wanted to see if they could verify such claims, according to a summary of a presentation they made Monday at a national meeting of the American Academy of Pediatrics. The research team, from the University of Wisconsin-Madison and the Medical College of Wisconsin, tracked 1,332 high school football players from 36 schools during the 2012 season. Participating players completed a preseason questionnaire about their injury history and demographic information. Then, as the season progressed, athletic trainers from the schools kept tabs on the incidence and severity of any concussions that occurred. At the start of the study, 171 of the players — or 13% — told the researchers that they had experienced a sports-related concussion in the previous 12 months. During the 2012 football season, an additional 116 concussions were sustained by 115 players — 8.6% of the student athletes in the study. When the researchers compared...

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