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

Monday, January 6, 2014

Why Everyone Seems to Have Cancer

EVERY New Year when the government publishes its Report to the Nation on the Status of Cancer, it is followed by a familiar lament. We are losing the war against cancer.
Half a century ago, the story goes, a person was far more likely to die from heart disease. Now cancer is on the verge of overtaking it as the No. 1 cause of death.
Troubling as this sounds, the comparison is unfair. Cancer is, by far, the harder problem — a condition deeply ingrained in the nature of evolution and multicellular life. Given that obstacle, cancer researchers are fighting and even winning smaller battles: reducing the death toll from childhood cancers and preventing — and sometimes curing — cancers that strike people in their prime. But when it comes to diseases of the elderly, there can be no decisive victory. This is, in the end, a zero-sum game.
The rhetoric about the war on cancer implies that with enough money and determination, science might reduce cancer mortality as dramatically as it has with other leading killers — one more notch in medicine’s belt. But what, then, would we die from? Heart disease and cancer are primarily diseases of aging. Fewer people succumbing to one means more people living long enough to die from the other.
The newest cancer report, which came out in mid-December, put the best possible face on things. If one accounts for the advancing age of the population — with the graying of the baby boomers, death itself is on the rise...
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Sunday, January 5, 2014

Yale Urged to Revoke Honorary Degree to Convicted Asbestos Magnate

Today's post is shared from  Barry Castleman author of Asbestos: Medical and Legal Aspects, Fifth Edition.

WNPR radio in New Haven CT has just run a second piece on this theme, longer than the one on Dec. 23.  Yale declined to send anyone to be interviewed about its refusal to reconsider awarding the honorary degree to the asbestos billionaire.  The story runs for the first 16 minutes of the program and ends with me being asked if the asbestos magnate's philanthropy erased or greenwashed his asbestos past.  I had testified on the public health and corporate history of asbestos in the criminal trial in Italy.
http://wnpr.org/post/asbestos-scandal-reaches-yale-mind-psychopath

Those who want to write to the President of Yale can contact Peter Salovey:  peter.salovey@yale.edu

ASBESTOS VICTIMS ASK YALE TO REVOKE AN HONORARY DEGREE   (National Public Radio,  Dec.  23, 2013)

http://wnpr.org/post/asbestos-victims-ask-yale-revoke-honorary-degree

An Italian organization representing victims of asbestos exposure has asked Yale University to rescind an honorary degree awarded to the owner of the company they once worked for.
In the mid-1970s, Swiss billionaire Stefan Schmidheiny took over his family's business.  The Eternit company had plants around the world that produced asbestos-cement products.  The largest was in Casale Monferrato, Italy.
Connecticut lawyer Christopher Meisenkothen represents shipyard workers and boiler makers who worked with asbestos here in the US and later developed diseases like asbestosis, lung cancer, and mesothelioma.  He is handling the Italian request to Yale, pro bono.
Meisenkothen described notes from an Eternit company meeting in the 1970s.  "Clearly", he said, "they were acknowledging in 1976 that the workers were at risk.  The plant continued to use asbestos for many years after that.  They could have given the workers respiratory protection [or] installed exhaust fans.  And the worker testimony from workers at the time consistently indicates that there were no serious precautions taken at the plant."

Two years later, Schmidheiny began to dismantle the company's asbestos-processing concern.  He went on to use his wealth to support eco-friendly sustainable development in other parts of the world.
In 2012, Schmidheiny was tried in absentia in Italy.  He was found guilty of causing the deaths of thousands of people in Casale Monferrato, and has been sentenced to 18 yeaars in prison.   Victims and their families said Yale should reconsider whether he still deserves an honorary degree.

Thomas Pogge, a professor in the philosophy department at Yale University, said the accusations deserve careful inquiry.   "This is very important new information," he said, "that I think , at the very least, should be looked at very carefully by the authorities  at Yale.   Yale has a very distinguished record, actually, in asbestos research.   And we have the requisite expertise to convene an excellent faculty committee that could look into this case in more depth."

Yale authorities declined WNPR's request for comment, but in a statement, said the 1996 honorary degree  was based on Schmidheiny's advocacy for sustainable economic  development.  Yale has never revoked an honorary degree.
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Added Note (BC):   In letters exchanged with attorney Christopher Meisenkothen in the past few months, Yale first denied and was later obliged to admit receiving money from Schmidheiny's Avina Foundation before and after the award of the degree in the mid-1990s.  Yale alumni and others who wish to see these letters and/or express their views are welcome to contact me or Chris (cc'd here).  You may also want to write to the President of Yale, Peter Salovey:  peter.salovey@yale.edu


Video: AAJ President Discusses Generic Drugs

Today's post was shared by Take Justice Back and comes from www.takejusticeback.com


Nearly 80 percent of all prescriptions in the U.S. are filled with the generic version of a drug.  The price tag can be appealing, but taking a generic drug can also have dangerous consequences because generic drug manufacturers are not accountable for the safety of drugs they produce.Accountability is a key incentive to ensure drug companies monitor and adequately warn patients about the safety of drugs. Despite what many may think, the FDA does not test drugs, but instead relies on testing provided by the drug companies.  FDA approval of a drug does not guarantee safety.  In the above video, American Association for Justice President Burton LeBlanc talks about the accountability imbalance between generic drugs and name-brand drugs and how the lack of accountability can put consumers at risk. “What you may not know is that unlike brand-name manufacturers, generic drug manufacturers cannot be held accountable if their drugs injure or kill Americans. And we all know too well, if no one is accountable, no one is safe,” LeBlanc said. To view the video in its entirety, click here. Here’s where you can help. Join the growing number of over 20,000 consumers who have already signed a petition calling on the FDA to restore accountability. Safety is an issue that can’t be overlooked. 
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In the search for savings, the workplace gets an overhaul

The mobile workforce necessitates new office designs for on premises space. Today's post was shared by The Green Workplace and comes from www.theglobeandmail.com


The fifth floor of Manulife Financial Corp.’s stately headquarters on Toronto’s Bloor Street East sat empty during a recent tour, the workers having vacated about a week earlier.
The traditional offices on the periphery of the floor, in many different sizes and configurations, are destined to become a relic of the past.
Vancouver's real estate scene; Fairview slopes townhouses under construction (foreground) and high rise condo towers in the city's Yaletown district, May 3, 2013.
Vancouver's real estate scene; Fairview slopes townhouses under construction (foreground) and high rise condo towers in the city's Yaletown district, May 3, 2013.


The Canadian Press

MARKET VIEW

Video: Market View: Canada's housing market poised for stable 2014
A for sale sign outside townhouses in the Fairview neighbourhood of Vancouver on Monday, March 4, 2013.
A for sale sign outside townhouses in the Fairview neighbourhood of Vancouver on Monday, March 4, 2013.
That space will soon be open, well-lit and dotted with smaller workstations like the ones two floors below, where there is also a lounge area reminiscent of a modern coffee shop.
Manulife, one of the country’s largest life insurers, is embarking on a massive overhaul of its offices, one that will make more efficient use of its real estate by changing the way its employees work.
The company plans to increase the proportion of its work force that is mobile – that is, working remotely or dividing time between multiple locations – to 30 per cent.
Currently, that number stands at less than 5 per cent. It also intends to...
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Comments Medicare Program: Obtaining Final Medicare Secondary Payer Conditional Payment Amounts via Web Portal


Summary
This interim final rule with comment period specifies the process and timeline for expanding CMS' existing Medicare Secondary Payer (MSP) Web portal to conform to section 201 of the Medicare IVIG and Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act). The interim final rule specifies a timeline for developing a multifactor authentication solution to securely permit authorized users other than the beneficiary to access CMS' MSP conditional payment amounts and claims detail information via the MSP Web portal. It also requires that we add functionality to the existing MSP Web portal that permits users to: notify us that the specified case is approaching settlement; obtain time and date stamped final conditional payment summary forms and amounts before reaching settlement; and ensure that relatedness disputes and any other discrepancies are addressed within 11 business days of receipt of dispute documentation.

Docket ID:CMS-2013-0199
Topic(s):Kidney Diseases, Medicare, Physician Referral, Reporting and Recordkeeping Requirements
Document Type:Rule
Received Date:Sep 20, 2013
Start-End Page:57800 - 57806
Comment Start Date:Sep 20, 2013
Comment Due Date:Nov 19, 2013

Comments submitted included those of:
-Progressive Medical
-AAJ
-Property Casualty Insurers of America
-Crowe Paradis
-Franco Signor
-MARC
-CA State Compensation Fund
-NAMSAP
-DRI
-Allsup
-RIMS
-FCC
-Garretson Resolution Group
-AIA
-UWC


Saturday, January 4, 2014

New York State Is Set to Loosen Marijuana Laws

Changes in the delivery of medications in workers' compensation has become a hot issue recently. While employers and insurance companies attempt to restrict maintenance medications for pain especially, the use of medical marijuana is becoming widely adopted, and in Colorado it has been adopted for recreational use. See also the The Complex World of Workers' Compensation and Pharmaceutical Benefits. Today's post is shared from the nytimes.com. 

ALBANY — Joining a growing group of states that have loosened restrictions on marijuana, Gov. Andrew M. Cuomo of New York plans this week to announce an executive action that would allow limited use of the drug by those with serious illnesses, state officials say.

The shift by Mr. Cuomo, a Democrat who had long resisted legalizing medical marijuana, comes as other states are taking increasingly liberal positions on it — most notably Colorado, where thousands have flocked to buy the drug for recreational use since it became legal on Jan. 1.

Mr. Cuomo’s plan will be far more restrictive than the laws in Colorado or California, where medical marijuana is available to people with conditions as mild as backaches. It will allow just 20 hospitals across the state to prescribe marijuana to patients with cancer, glaucoma or other diseases that meet standards to be set by the New York State Department of Health.
While Mr. Cuomo’s measure falls well short of full legalization, it nonetheless moves New York,...
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Friday, January 3, 2014

OSHA Warns Workers About Cold Stress

Cold weather illnesses and injuries are compensable under the workers' compensation act. Today's "cold weather post" is shared from OSHA:

During emergency response activities or recovery operations, workers may be required to work in cold environments, and sometimes for extended periods. Cold stress is a common problem encountered in these types of situations. The following frequently asked questions will help workers understand what cold stress is, how it may affect their health and safety, and how it can be prevented.

How cold is too cold?

When the body is unable to warm itself, cold related stress may result. This may include tissue damage and possibly death. Four factors contribute to cold stress: cold air temperatures, high velocity air movement, dampness of the air, and contact with cold water or surfaces. A cold environment forces the body to work harder to maintain its temperature. Cold air, water, and snow all draw heat from the body. Wind chill is the combination of air temperature and wind speed. For example, when the air temperature is 40°F, and the wind speed is 35 mph, your exposed skin receives conditions equivalent to the air temperature being 11° F. While it is obvious that below freezing conditions combined with inadequate clothing could bring about cold stress, it is also important to understand that it can also be brought about by temperatures in the 50's coupled with some rain and wind.

How does the body react to cold conditions?

When in a cold environment, most of your body's energy is used to keep your internal temperature warm. Over time, your body will begin to shift blood flow from your extremities (hands, feet, arms, and legs) and outer skin to the core (chest and abdomen). This allows exposed skin and the extremities to cool rapidly and increases the risk of frostbite and hypothermia. Combine this with cold water, and trench foot may also be a problem.

What are the most common cold induced problems?

Hypothermia, Frostbite, and Trench Foot.

What is Hypothermia?

Hypothermia which means "low heat", is a potentially serious health condition. This occurs when body heat is lost faster than it can be replaced. When the core body temperature drops below the normal 98.6° F to around 95° F, the onset of symptoms normally begins. The person may begin to shiver and stomp their feet in order to generate heat. Workers may lose coordination, have slurred speech, and fumble with items in the hand. The skin will likely be pale and cold. As the body temperature continues to fall these symptoms will worsen and shivering will stop. Workers may be unable to walk or stand. Once the body temperature falls to around 85° F severe hypothermia will develop and the person may become unconscious, and at 78°, the person could die.

Anyone working in a cold environment may be at risk for cold stress. However, older people may be at more risk than younger adults, since older people are not able to generate heat as quickly. Certain medications may prevent the body from generating heat normally. These include anti-depressants, sedatives, tranquilizers andothers.

Click here to read more

OSHA announces proposed new rule to improve tracking of workplace injuries and illnesses

"Three million injuries are three million too many," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "With the changes being proposed in this rule, employers, employees, the government and researchers will have better access to data that will encourage earlier abatement of hazards and result in improved programs to reduce workplace hazards and prevent injuries, illnesses and fatalities. The proposal does not add any new requirement to keep records; it only modifies an employer's obligation to transmit these records to OSHA."The Occupational Safety and Health Administration today issued a proposed rule to improve workplace safety and health through improved tracking of workplace injuries and illnesses. The announcement follows the Bureau of Labor Statistics' release of its annual Occupational Injuries and Illnesses report, which estimates that three million workers were injured on the job in 2012.

The public will have 90 days, through Feb. 6, 2014, to submit written comments on the proposed rule. On Jan. 9, 2014, OSHA will hold a public meeting on the proposed rule in Washington, D.C. A Federal Register notice announcing the public meeting will be published shortly.OSHA is also proposing that establishments with 20 or more employees, in certain industries with high injury and illness rates, be required to submit electronically only their summary of work-related injuries and illnesses to OSHA once a year. Currently, many such firms report this information to OSHA under OSHA's Data Initiative.The proposed rule was developed following a series of stakeholder meetings in 2010 to help OSHA gather information about electronic submission of establishment-specific injury and illness data. OSHA is proposing to amend its current recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep under existing standards, Part 1904. The first proposed new requirement is for establishments with more than 250 employees (and who are already required to keep records) to electronically submit the records on a quarterly basis to OSHA.

OSHA plans to eventually post the data online, as encouraged by President Obama's Open Government Initiative. Timely, establishment-specific injury and illness data will help OSHA target its compliance assistance and enforcement resources more effectively by identifying workplaces where workers are at greater risk, and enable employers to compare their injury rates with others in the same industry. Additional information on the proposed rule can be found athttp://www.dol.gov/find/20131107/ and http://www.osha.gov/recordkeeping/proposed_data_form.html.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

Justice for asbestos victims

Today's post was shared by Linda Reinstein and comes from you.38degrees.org.uk

Dear Lord Freud The 2013 Mesothelioma Bill in its current form is unfair and punitive. It imposes arbitrary deadlines on already-vulnerable people, depriving them of vital compensation.We call on you to amend the bill to ensure that everyone who is affected by asbestos exposure get 100% of the compensation owed to them.
Anyone who is exposed to asbestos at work, and subsequently develops mesothelioma cancer, is entitled to compensation from their employer. However, many people can’t be paid compensation because they can’t track down the company who insured their employer at the time of exposure, which could have been many decades ago.The government is currently legislating to set up a scheme where they will compensate those affected if they can’t find the relevant insurer. However, they’ve imposed a cut-off date of 25th July 2012 so anyone diagnosed before that date can’t claim from the new scheme. This arbitrarily punishes people struggling with life-threatening illnesses.And they’ve capped the compensation someone can claim to 70% of the average compensation paid through the civil court system. This robs people of vital funds they need at a difficult time of their lives. This government is crippling individuals, to save themselves pennies.Sign this petition and demand fair, compassionate treatment for all asbestos-affected people.

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Unemployment benefits, the cruelest cut of all

Today's post was shared by Steven Greenhouse and comes from www.washingtonpost.com

To 1.3 million jobless Americans: The Republican Party wishes you a Very Unhappy New Year!
It would be one thing if there were a logical reason to cut off unemployment benefits for those who have been out of work the longest. But no such rationale exists. On both economic and moral grounds, extending benefits for the long-term unemployed should have received an automatic, bipartisan vote in both houses of Congress.
It didn’t. Nothing is automatic and bipartisan anymore, not with today’s radicalized GOP on the scene. In this case, a sensible and humane policy option is hostage to bruised Republican egos and the ideological myth of “makers” vs. “takers.”
The result is a cruel blow to families that are already suffering. On Saturday, benefits were allowed to expire for 1.3 million people who have been unemployed more than six months. These are precisely the jobless who will suffer most from a cutoff, since they have been scraping by on unemployment checks for so long that their financial situations are already precarious, if not dire.
Extending unemployment benefits is something that’s normally done in a recession, and Republicans correctly point out that we are now in a recovery. But there was nothing normal about the Great Recession, and there is nothing normal about the Not-So-Great Recovery.
We are emerging from the worst economic slump since the Depression, and growth has been unusually — and painfully — slow. Only...
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NJ Governor Authorizes Friday Closure Of State Offices for All Non-Essential Workers

In anticipation of the severe winter storm expected to arrive in New Jersey beginning Thursday evening, Governor Chris Christie declared a State of Emergency, authorizing the State Director of Emergency Management to activate and coordinate the preparation, response and recovery efforts for the storm with all county and municipal emergency operations and governmental agencies. Governor Christie also authorized the closing of state offices on Friday, January 3rd for all non-essential employees.
“The impending weather conditions over the next several days will produce a variety of dangerous travel conditions throughout the state,” said Governor Christie. “I’ve authorized state officials to take all necessary action in advance of the storm, and my Administration will continue monitoring conditions throughout the remainder of the storm. I encourage all New Jerseyans to stay off the roads if possible so that our first responders and public safety officials can safely respond to any emergency situations.”
Starting Thursday evening, the storm is expected to bring high winds, heavy snow, mixed precipitation, storm surges and sub-zero temperatures throughout the state. A potential mixture of hazardous travel conditions, fallen trees and power outages and coastal, stream and river flooding are anticipated.
A copy of the Governor’s Executive Order declaring the State of Emergency [pdf 14kB].

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Blogging Judge to Put Away the Keyboard

Today's post was shared by WSJ Law Blog and comes from blogs.wsj.com

U.S. District Judge Richard Kopf’s days as a blogger have come to an end.
Judge Kopf’s blog “Hercules and the Umpire“, launched a little under a year ago, quickly made a splash in the legal world with its unusually candid mix of insights on the judicial process, legal news and personal reflections.
On Wednesday, Mr. Kopf announced that he’s hanging up his pajamas and donning only a robe. His decision to quit blogging came a day after his site was featured in a The Wall Street Journal story about how more judges these days are taking to the Internet to pass judgment on policy and opine on trends.
In a farewell post, the Nebraska jurist said he was quitting on his own volition.
“I am not quitting because of ethics concerns. Such problems are real, but vastly overblown. A thoughtful judge has about the same chance of violating the Code of Conduct when writing a book, giving a speech, authoring a law review article or writing a blog post,” Judge Kopf wrote. “No one has given me the slightest trouble about expressing myself here.”
He also said that although he’s “truly worn out,” he’s not quitting for health reasons either. “I have written all that I want to write and then some. It is that simple. My decision is final,” writes the judge.
As WSJ’s Joe Palazzolo’s wrote, Judge Kopf’s cerebral commentary — sometimes marked by an almost confessional tone — raised...
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Jurist Prudence? Candid Judges Speak Out

Judges typically confine their opinions to their rulings. But 2013 was a year of exceptions.
In Nebraska, U.S. District Judge Richard G. Kopf in February launched Hercules and the umpire, a blog that offers a mix of insights on the judicial process, legal news, personal reflections and wisdom. One nugget of advice to young judges: "It's not your job to save the world. Do law, leave justice to Clint Eastwood."
In his latest book, "Reflections on Judging," Judge Richard Posner of the Seventh U.S. Circuit Court of Appeals in Chicago pleads "guilty" to upholding a voter-identification law "now widely regarded as a means of voter suppression." The passage, picked up by several media outlets, was widely viewed as a mea culpa—a rare instance of a judge saying he got it wrong.
Judges have long been voluble, spirited and even poetic in their rulings. But in the digital age, they also have taken to the media and the Internet to pass judgment on policy and opine on trends.
In the process, the outspoken are butting up against the view held by some that sitting judges shouldn't be seen or heard outside of court. And there is the risk that litigants could try to push certain judges off cases because something they said publicly gave a hint of bias.
"The advice I was given over and over again was to keep your head down," said Nancy Gertner, a law professor at Harvard University and a former federal district judge in Massachusetts who has...
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North Dakota blast prompts review of oil train safety

A federal safety alert Thursday warned that crude oil flowing out of new fields in North Dakota may be more flammable than expected, a caution that comes several days after a train carrying about 3.5 million gallons of the same oil crashed in the state and set off a massive explosion.
The accident on the BNSF Railway, the fourth such explosion in North America involving crude oil trains, has fed mounting concerns over public safety as the rail industry sharply increases the use of rail to transport surging crude production in North Dakota, Texas and Colorado.
Following the latest derailment and crash, which forced the evacuation of more than 1,000 residents from the town of Casselton, the National Transportation Safety Board has launched the nation's first broad examination of the safety of moving petroleum by rail.
Trains carrying oil have multiplied across the country as environmental concerns and political maneuvering have delayed approval of a major new pipeline to transport oil to Gulf Coast refineries. The issue may be most crucial for cities in the West, which were often founded and developed by railroads so that main lines go directly through the centers of today's urban areas.
Crude oil shipments by rail have shot up 25-fold in the last several years as producers rush oil from newly developing shale fields to market. California alone has seen a fourfold increase over the last year, with current shipments of about 200,000 barrels a month.
Refinery operators this...
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