Part I - About the Asbestos Industry
Part II - Asbestos Causes Cancer and Why Asbestos Should Be Banned
Saturday, December 28, 2013
Experts Speak Out About The Asbestos Industry
Today's blog post is shared from Laurie Kazan-Allen and the http://ibasecretariat.org
Part I - About the Asbestos Industry
Part II - Asbestos Causes Cancer and Why Asbestos Should Be Banned
Part I - About the Asbestos Industry
Part II - Asbestos Causes Cancer and Why Asbestos Should Be Banned
N.Y. Workers’ Comp Board to Transition Established UEF Claims Management to Triad Group
The New York State Workers’ Compensation Board recently announced it will transition the management of established Uninsured Employers’ Fund (UEF) claims to the Triad Group, LLC effective Jan. 13, 2014.
Triad Group, based in Troy, N.Y., is a professional service organization providing comprehensive claims management. These claims consist of established claims where liability has been determined, and medical, and/or indemnity payments must be made. Triad will perform all claim-related functions and legal representation. Claimants who have such UEF claims, and all parties of interest, including health care providers and legal representatives, will receive individual written notice of the change in claim administrator. The Workers’ Compensation Board said the transition of claim management should have no impact on claimants receiving workers’ comp benefits. Claimants who are receiving biweekly indemnity benefits will continue receiving benefits on the same schedule currently in place. For medical and transportation reimbursement requests after Jan. 13, 2014, Form C-257, Claimant’s Record of Medical and Travel Expenses and Request for Reimbursement, must be sent to Triad for processing with a copy to the Workers’ Compensation Board. For medical services provided on or after Jan. 13, 2014, in established cases only, health care providers should send new medical reports, bills and authorization requests to Triad, and a copy to the... [Click here to see the rest of this post] |
Senators Press Medicare for Answers on Drug Program
Sen. Tom Carper, D-Del., who chairs the Homeland Security and Governmental Affairs Committee, said in a statement that he plans to ask Medicare officials and the inspector general of the U.S. Department of Health and Human Services “to look into the specifics of these cases, as well as determine the extent of any program-wide vulnerabilities that may have allowed them to occur.” The committee monitors fraud in government programs.
ProPublica reporters, using Medicare’s own data, identified scores of doctors whose prescription patterns within the program bore the hallmarks of fraud. The cost of their prescribing spiked dramatically from one year to the next — in some cases by millions of dollars — as they chose brand-name drugs that scammers can easily resell.
The cost of medications prescribed by one Miami doctor jumped from $282,000 to $4 million in one year, but her lawyer said Medicare never questioned it. A Los Angeles psychiatrist said Medicare didn’t shut off his provider identification number, used to fill prescriptions, even though he claimed someone had forged his name on more than $7 million worth of them.
All told, just the schemes identified by ProPublica totaled tens of millions of dollars.
While credit card...
Nebraska Appeal Dismissed - Failure to Exhaust Remedies
The failure to exhaust administrative remedies terminated an appeal to Nebraska Spring court. Today's post is shared from starherald.com
The Nebraska Supreme Court dismissed an appeal Friday in a case involving a co-op employee who suffered a traumatic brain injury when he fell off a truck's flatbed.
The high court ruled that the Aurora Cooperative had filed its appeal too early, and sent the case back to a workers' compensation court for more deliberations.
John Jacobitz, of Milligan, was injured in August 2010 while cleaning up after a customer appreciation supper. Jacobitz and two other managers dropped off a grill in a company shed, and Jacobitz hopped onto the back of the flatbed truck for a ride back to the community center where the event was held, according to court records. He fell off in Ong after riding about half a block.
The dispute at trial focused on whether Jacobitz was acting within the scope of his job duties when the accident occurred. Jacobitz and the co-op disputed whether he was asked to help host the event, or whether he was told he could come if he wished. They also disputed whether the co-op or one of its vendors had sponsored the event.
A Nebraska workers' compensation judge ruled in Jacobitz's favor on Jan. 28, saying that he believed he had to attend the event for his job or that it was within his best interests to attend. The judge had not yet decided how much to award in benefits, but the co-op appealed the case.
"We conclude that the co-op has not appealed from a final order because the trial court has determined only...
[Click here to see the rest of this post]
Related articles
The Nebraska Supreme Court dismissed an appeal Friday in a case involving a co-op employee who suffered a traumatic brain injury when he fell off a truck's flatbed.
The high court ruled that the Aurora Cooperative had filed its appeal too early, and sent the case back to a workers' compensation court for more deliberations.
John Jacobitz, of Milligan, was injured in August 2010 while cleaning up after a customer appreciation supper. Jacobitz and two other managers dropped off a grill in a company shed, and Jacobitz hopped onto the back of the flatbed truck for a ride back to the community center where the event was held, according to court records. He fell off in Ong after riding about half a block.
The dispute at trial focused on whether Jacobitz was acting within the scope of his job duties when the accident occurred. Jacobitz and the co-op disputed whether he was asked to help host the event, or whether he was told he could come if he wished. They also disputed whether the co-op or one of its vendors had sponsored the event.
A Nebraska workers' compensation judge ruled in Jacobitz's favor on Jan. 28, saying that he believed he had to attend the event for his job or that it was within his best interests to attend. The judge had not yet decided how much to award in benefits, but the co-op appealed the case.
"We conclude that the co-op has not appealed from a final order because the trial court has determined only...
[Click here to see the rest of this post]
Related articles
Court Holds OSHA HazCom Standard Not A Bar To State Failure to Warn Claims
The US Court of Appeals for the District of Columbia has held that The Occupational Safety and Health Administration’s (OSHA) HazCom Standard does not preempt state law, therefore allowing state lawsuits to go forward based on “failure to warn” claims.
The Court dismissed the Petition filed by the American Tort Reform Association for a definitive determination concerning Federal preemption of state court based actions. The case overrules an unpublished NJ Appellate Court decision dismissing a state based claim for “failure to warn.” Bass v. AirProducts & Chemicals Inc., et al., Docket No. A-4542-03T3, 2006 WL 1419375, May 25, 2006 (N.J. Superior A.D.), NJ Supreme Court denied certification, 907 A.2d 1014, Sept. 8, 2006.
The Court reasoned that the petition for review was, “….much to do about nothing.” The Court held, that while OSHA had no authority to issue an authoritative statement, OSHA could issue an interpretative statement that is not subject to notice and comment rulemaking under the Administrative Procedures Act (APA) 5 U.S.C. § 553(b).
The HazCom Standard establishes labeling requirements for chemicals used in the workplace. 29 C.F.R. § 1910.1200(a)(2).
American Tort Reform Association v. OSHA, et al., Docket No. 12-1229 (2013 D.C. Cir.) Decided: December 27, 2013.
The Court dismissed the Petition filed by the American Tort Reform Association for a definitive determination concerning Federal preemption of state court based actions. The case overrules an unpublished NJ Appellate Court decision dismissing a state based claim for “failure to warn.” Bass v. AirProducts & Chemicals Inc., et al., Docket No. A-4542-03T3, 2006 WL 1419375, May 25, 2006 (N.J. Superior A.D.), NJ Supreme Court denied certification, 907 A.2d 1014, Sept. 8, 2006.
The Court reasoned that the petition for review was, “….much to do about nothing.” The Court held, that while OSHA had no authority to issue an authoritative statement, OSHA could issue an interpretative statement that is not subject to notice and comment rulemaking under the Administrative Procedures Act (APA) 5 U.S.C. § 553(b).
The HazCom Standard establishes labeling requirements for chemicals used in the workplace. 29 C.F.R. § 1910.1200(a)(2).
American Tort Reform Association v. OSHA, et al., Docket No. 12-1229 (2013 D.C. Cir.) Decided: December 27, 2013.
Social Security - Administrative Law Judge Rulings
ALJ Disposition Data
FY 2014 (For Reporting Purposes: 09/28/2013 Through 11/29/2013)
A listing of hearings completion data by name of individual administrative law judges (ALJ) for all ALJs in ODAR. The data includes hearing office name, total dispositions, decisions, allowances, denials and fully favorable or partially favorable decisions.
Click here to down oad the data in PDF format.
FY 2014 (For Reporting Purposes: 09/28/2013 Through 11/29/2013)
A listing of hearings completion data by name of individual administrative law judges (ALJ) for all ALJs in ODAR. The data includes hearing office name, total dispositions, decisions, allowances, denials and fully favorable or partially favorable decisions.
Click here to down oad the data in PDF format.
Friday, December 27, 2013
McDonalds Kills Site That Advised Employees to Eat Healthy Meals
 That's what the fast-food outlet posted on its employee resource website McResource Line. The company pulled the site on Wednesday, saying the advice, which a third-party vendor provided, was taken out of context. "Fast foods are quick, reasonably priced and readily available alternatives to home cooking. While convenient and economical for a busy lifestyle, fast foods are typically high in calories, fat, saturated fat, sugar and salt and may put people at risk for becoming overweight," read one posting on the site's diet section, according to CNBC. Another page displayed a large soda, french fries and a hamburger — a meal labeled as an "unhealthy choice." Next to it, the "healthier choice" of a cup of water, a salad and a sandwich. These postings disappeared Wednesday when McDonald's took down the entire website, saying its content was unfairly misrepresented. "A combination of factors has led us to re-evaluate and we've directed the vendor to take down the website," McDonald's wrote in a statement posted on its main website. "Between links to irrelevant or outdated information, along with outside groups taking elements out of context, this created unwarranted scrutiny and inappropriate commentary. None of this helps our McDonald's team members." This is not the first... |
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