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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Thursday, October 31, 2013

Aviation Safety: F.A.A. Allows Use of Electronic Devices Throughout Flights

Finally, the US F.A.A. has taken a step forward in making the airplane flight experience a better one. For decades, passengers and crew have been battling flight attendants over turning off and stowing personal electronic devices (PED). With so many passengers and crew virtually attached to the Internet for  data, news and other media electronically, it was inevitable that PED use would be allowed on flights. Now the airlines will adjust its electronics to create a profit center for the sale of Internet and network access. The burden has also shifted to US airlines to commit to a testing program, and establish protocols for stowing devices. Today's post is shared from nytimes.com .  

The change will most likely take effect before the end of the year, the F.A.A. said. Rules for cellphone use are set by the Federal Communications Commission, and unlikely to change soon, because of the nature of the cellphone system.

The administrator of the F.A.A., Michael P. Huerta, said he expected that, with rare exceptions, airlines would allow the use of tablets, MP3 players and smartphones in “airplane mode,” with their cell network connections turned off. The airlines will have to conduct tests on their equipment and submit the results to the F.A.A. for approval, he said.

Soon after Mr. Huerta spoke, Delta and JetBlue announced that they would submit a plan for passengers to use electronics in flight.

The change would not be universal, Mr. Huerta said....
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Government Shutdown Simulates “Small Government”

The US Senate again set the stage for another governmental shutdown. The Republican's blogged the nominations of President Obama's nominee for the the US Court of Appeals for the District of Columbia and the nominee for the head of the Federal Housing Agency. This strategic move puts into play the potential of another filibuster and how far a minority party can thwart the majority party.  Today's post comes from guest author Kit Case, from Causey Law Firm of The State of Washington.

Every news program announces the ongoing shutdown of non-essential federal government services.  News articles delve into the possible consequences.  Republicans and Democrats fight over whether the other is willing to negotiate.  Members of the Republican Party bicker within their ranks about the shutdown. 

Everyone should take note that what we are experiencing with the current shutdown provides us all with a practice-run for the level of government desired by the Tea Party members of the Republican Party.

Wikipedia notes that the current "small government" movement in the United States is largely a product of Ronald Reagan's presidency from 1980–88. The Tea Party movement is a modern reflection of this belief in small government. 

They claim that in the past the United States had a small government, and that it has turned away from that ideal. Some members of the Republican Party advocate small government, especially its libertarian wing, which includes politicians such as Ron Paul and his son Rand Paul

The Libertarian party, a third party, supports small government. A 2013 poll showed that the majority (54%) of Americans think the government is trying to do too much.
We now have an opportunity to define “essential” services.
Although 54% is only just a majority, Americans can now ponder the concept of small government and what the effect of shrinking the government would have on federal, state and local jurisdictions.  The “non-essential” services now halted would likely have to be replaced by those jurisdictions, where possible, were the federal government to be stripped down to the vision of the Tea Party and Libertarian Party members.  We now have an opportunity to define “essential” services.

Cities across the country will feel the pinch of the shutdown, particularly if it drags out beyond a few days. Furloughs of non-essential federal employees won't just affect D.C. and its Maryland and Virginia suburbs. Cities around the country host full-time, non-Post Office federal employee populations. New York is home to 26,696 federal employees; Atlanta is home to 23,718; Philadelphia is home to 19,940; Chicago has 16,069; Houston has 15,530; and Los Angeles has 14,689. The list of the top 50 cities with the highest federal employment is here.1

Governor Cuomo Details Improvements to New York's Workers' Compensation System That Cut Costs to Employers by 26% for 2014

Improvements Will Save New York State Employers $800 Million Next Year and $300 Million Annually


Governor Andrew M. Cuomo today detailed a series of measures that reduce the cost to employers under the State’s workers’ compensation system by 26 percent in 2014, saving businesses and local governments $300 million in annual expenses. The Business Relief Act cuts the assessment to employers from 18.8 percent to 13.8 percent, the largest reduction since 1998, and provides a one-time workers’ compensation assessment savings to all self-insured employers of approximately $500 million.

“The improvements in the workers’ compensation system will deliver major savings for businesses across the state, giving them the opportunity to use that extra money to make investments and create jobs in their communities,” Governor Cuomo said. “With the cost reductions in the workers’ compensation system, we are saving New York employers $800 million in 2013 and $300 million for each year moving forward – a tremendous savings that will be felt immediately by businesses, municipalities and school districts statewide. As we continue to make state government more efficient and take actions to make doing business in New York easier, we are also spearheading a comprehensive review of the current workers’ compensation system so that we can continue to find ways to deliver for our employers.”

Signed by the Governor as part of the 2013-14 budget, the Business Relief Act achieves $800 million in savings by reducing the cost to operate the workers’ compensation system, otherwise known as assessments, in two ways. Closing the Re-Opened Case Fund initially saves all New York State employers a $300 million annual assessment. In recent years, the cost of the Re-Opened Case Fund has grown exponentially while failing to serve its originally intended purpose. Closing the fund also reduces unnecessary litigation in the workers’ compensation system, another cost savings for employers.

End of Life Care: Withholding Antibiotics

A few weeks ago I had a discussion with my good friend, Melissa Brown, A Law School Professor who teaches Elder Law and Social Policy, and expert in workers' compensation law. We discussed End of Life Care , and the withholding of antibiotics to treat infections. The moral and ethical issues are far reaching when balancing the quality of life issues in older patients.  Today post is shared from jurist.org . I would encourage readers to read the entire article and linked material as the important issue will soon be in the forefront of care protocols in the US.

The UK Supreme Court [official website] ruled [judgment, PDF; press release, PDF] Wednesday that Aintree University Hospitals NHS Foundation Trust [official website] was justified in its decision that withholding certain invasive treatments would be in the best interests of critical care patient David James, despite resistance from the patient's family. James was admitted to Aintree's critical care unit in May 2012 for an infection acquired during his treatment for colon cancer, where he was reliant on ventilator support and suffered multiple severe setbacks. Despite opposition from James' family, the hospital brought proceedings to the Court of Protection [official website] in September 2012. The hospital sought judicial declaration that withholding the specified treatments would be in James' best interest, pursuant to the 2005 Mental Capacity Act [text, PDF; Code of Practice] provision that it may in the best interests of a patient to withhold life-sustaining treatment "where treatment is futile, overly burdensome to the patient or where there is no prospect of recovery." The trial judge ruled against the declarations on December 6, and Aintree appealed. James subsequently suffered "further dramatic deterioration," and the Court of Appeal reversed [judgment, PDF] the decision on December 21, 2012. James died of cardiac arrest only 10 days later. Wednesday's ruling by the Supreme Court subsequently determined that the trial judge was correct in opposing the declarations and that the Court of Appeal was also correct in light of the changed circumstances since the initial ruling.

Click here to read the entire article.

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.

Wednesday, October 30, 2013

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. 

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.
A Target store in Daly City, Calif.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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