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

Tuesday, January 28, 2014

Will GPS "Dots" Change Our Privacy Standards in Workers Compensation

As Global Positioning Systems (GPS) expand and integrate with the Internet, the applications for the invasion of privacy seem endless in workers' compensation. GPS "dots" can be applied to employees and/or equipment, to delineate deviation from the course of employment, temporary disability non-work status and treatment compliance.

After listening to the TED Radio Talk this week on NPR, where Todd Humphrey's describes possibilities to of using GPS "dots," one wonders how much privacy an injured employee will be required to surrender because of an accident at work.

Click here to listen to: TED Radio Hour - Predicting the Future


Monday, January 27, 2014

Study: working-age adults more susceptible to severe flu

Today's post is shared from cidrap.umn.edu

Working-age adults who have diabetes are more susceptible to severe flu infections, according to a study from University of Alberta researchers who published their findings in Diabetologia. The group's goal was to compare flu levels in adults with and without the disease to help fill in knowledge gaps that underlie vaccination recommendations.

The team cohort study used data from Manitoba, Canada, from 2000 to 2008. All working-age adults were identified and paired with two nondiabetic controls.

Researchers looked at clinic visits, hospitalizations for pneumonia and flu, and all-cause hospitalization. Their analysis included 745,777 person-years of follow-up among 166,715 subjects. Those who had diabetes were more likely to be vaccinated against flu.

People with diabetes had a 6% (relative risk 1.06, 95% confidence interval 1.02 to 1.10; absolute risk difference 6 per 1,000 adults per year) greater increase in all-cause hospitalization linked to flu. However, researchers found no difference between the groups in the rates of flulike illness or pneumonia and influenza.

They concluded that the evidence is the strongest yet for targeting patients with diabetes for flu vaccination.
Jan 24 Diabetologia study

Return To Work is a Program; Return To Function is a Philosophy

Today's post comes from guest author Kit Case, from Causey Law Firm. I am taking Bob's advice and sharing his article with our network. His concepts are spot-on.

I wish I had thought of the two concepts reflected in the title of this article. Alas, I did not. I did, however, once again take two dynamite ideas, combine them into one cohesive concept, thereby saving the universe while still managing to create an enticing, killer headline in the process.

I swear, sometimes it's exhausting being me.

I now serve on the Disability Management & Return to Work Committee of the International Association of Industrial Accident Boards and Commissions (IAIABC). We met Tuesday during the associations 99th Annual Convention in San Diego, CA. Committee Chair Peter Federko tasked the group with defining a working strategy that would encourage and promote successful disability management and return to work programs for both the industry and injured workers. This prompted what I can best describe as a passionate discussion among the members, each with their own take and view on where barriers exist, and what segments should be targeted in any RTW effort.

Federko, who by day is CEO of the Saskatchewan Workers' Compensation Board, did a masterful job of keeping the conversation focused as we rambled about with our various opinions. Personally I believe that there are many "moving parts" within workers' compensation that all must be aligned and engaged to effectively deploy any respectable RTW program. It requires a team effort from all players. Unfortunately, our current trend in claims management is taking us towards a dehumanization of the process, and this is not conducive for the development of such initiatives.

Two members of this group gave what I believe to be stunning insight, and not just because they dovetail nicely with my beliefs (ok, mostly because they dovetail nicely with my beliefs). Joachim (pronounced Yoke-em) Breuer, with the German workers' comp system and Chair of the ISSA Technical Commission on Accident Insurance, provided tremendous insight when he stated that Return to Work was not a program, but rather a philosophy; a philosophy that needed to be ingrained throughout the workers' compensation system. He was followed in short order by Ken Eichler, Director of Government & Insurance Services, Guidelines Division, for Reed Group. Eichler, who is also Committee Vice Chair, talked of suspicion and resistance on the side of the injured worker. He suggested that, to allay fears that RTW was merely a cleverly disguised cost control scheme, the committee instead develop criteria for a "Return to Function" program. He correctly pointed out that "function" is at the core of all life necessities, and that if we can focus on improving that for injured workers, return to work would be a natural extension of any successful effort.

Brilliant observations from both of them. Federko immediately instructed each to take an extra thousand out of petty cash for their input (not really - I made that up. Ever the cost control maven, Federko wouldn't even open the committee liquor cabinet). Still, this theory was not quite complete. We haven't quite finished mixing all ingredients for our RTW stew. We still have one more to add.

As you may notice, both suggestions by Eichler and Breuer fit quite nicely with my (as yet unsuccessful) effort to reposition and rebrand the workers' compensation industry into the Workers' Recovery industry. We will therefore include that as a third element in the recipe. This concoction produces the following final scrumptious result:

Successful Return to Function must be driven as an overriding philosophy ingrained throughout the Workers' Recovery system.

There. Not too shabby if I do say so myself.

The philosophy maintains that we must return as many people as possible to functional capacity for as normal a life as possible. Severely injured workers almost without exception wish to have some normalcy in their life. They have children or grandchildren they hope to hold. They want to dress, walk or go to the bathroom without assistance. They want to be able to do their own shopping, and they literally would like to be able to take a moment, bend over, and smell the roses. An entire system that embraces that knowledge, from employers, TPA's, brokers, carriers, doctors, regulators and the workers themselves, can improve both outcomes and individual lives. With that return to function we offer a return to normalcy, a return to life, and indeed, a return to work.

I cannot speak for the committee nor do I even wish to reveal the path we ultimately chose. Suffice it to say we're on the right track, and have an amazing amount of work ahead of us. But it will be worth it, as it needs to happen. The current trends are not sustainable. Disability rates are on a dramatic rise, being completely dependent on others is becoming socially normalized, and as workers we are getting older by the day. Our knees are wearing out. Our backs are starting to fail. Many of us have no appreciable skills beyond our current jobs. It is a recipe for disaster if we don't act, and act quickly.

Restoring life and viability by returning to function via the process of workers' recovery must be the wave of the future. The choice is simple. Embrace the philosophy today or pay for the reality tomorrow.

What choice will we make?

Thursday, January 23, 2014

Rauner makes U-turn on minimum wage: 'I was flippant'

Today's post was shared by Steven Greenhouse and comes from articles.chicagotribune.com

Republican candidate for Illinois governor Bruce Rauner said on Wednesday that he made a mistake when he proposed slashing the state's minimum wage by one dollar.

“I made a mistake. I was flippant and I was quick,” Rauner told the Tribune as he continued a bus tour through southern Illinois.

“I should have said, ‘Tie the Illinois minimum wage to the national wage and, in that context, with other changes in being pro-business, I support raising the national minimum wage.’ I’m OK with that,” said the Republican from Winnetka.

Rauner’s original call to cut Illinois’ $8.25 per hour minimum wage to the $7.25 federal level had threatened to upend a carefully crafted campaign aimed at convincing Republican primary voters and independents that the man who is potentially the wealthiest candidate ever to run for public office in the state was a regular guy.

Democrats on the national and state level, from President Obama to Gov. Pat Quinn, have pointed to a growing problem of wage disparity between rich and poor as a 2014 campaign theme and have called for minimum wage increases.

At the same time, Rauner’s three rivals in the March 18 GOP primary for governor have accused him of trying to buy the nomination and contended his wealth has made him out of touch with average voters.

“There’s no way to finesse it. It’s a tough issue for him and I would imagine (opponents) are going to be using it to exploit his...

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Tuesday, January 21, 2014

As HHS Moves To End Overload Of Medicare Claims Appeals, Beneficiaries Will Get Top Priority

Medicare beneficiaries who have been waiting months and even years for a hearing on their appeals for coverage may soon get a break as their cases take top priority in an effort to remedy a massive backlog.

Nancy Griswold, the chief judge of the Office of Medicare Hearings and Appeals (OMHA), announced in a memo sent last month to more than 900 appellants and health care associations that her office has a backlog of nearly 357,000 claims. In response, she said, the agency has suspended acting on new requests for hearings filed by hospitals, doctors, nursing homes and other health care providers, which make up nearly 90 percent of the cases. She said that she expected the suspension would last about two years.

But beneficiaries’ appeals will continue to be processed, and officials are seeking to “ensure that the relatively small numbers of beneficiary-initiated appeals are being immediately addressed by prioritizing their cases,” the Department of Health and Human Services said in an announcement in the Federal Register.

“Because they are among our nation’s most vulnerable populations, OMHA is committed to being as responsive as possible to the Medicare beneficiary community, regardless of the challenges presented by the significant increase in the number of requests being filed,” Judge Griswold wrote in an email in response to a reporter’s questions. “Beneficiary appeals continue to be assigned as quickly as OMHA can process...

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Premises Rule Extends Compensability to Leaving a Parking lot

A NJ Appellate Court ruled that an employee who is injured in a motor vehicle accident that occurs while leaving an employer's parking lot is entitled to workers' compensation benefits.

"The circumstances of the present case plainly reveal that
Burdette never fully left her employer's premises. Although her
vehicle was in the midst of navigating a left turn onto a public
thoroughfare, the exact spot where Burdette suffered injuries
was neither remote from, nor unconnected to, her work premises.

We reject Harrah's ultra-rigid approach that focuses only on the
colliding vehicles' point of impact and the front seat location
of Burdette in her Explorer. Instead, applying common sense and
the policies inherent in the Act, we subscribe to the judge of
compensation's viewpoint that the injuries suffered here were a
result of Burdette's firm attachment to her place of employment,
albeit while on her way home. The fact that the public also
used the northwest travel lanes of MGM Mirage Boulevard does not
change the result. The inextricable connection between Harrah's
premises and the collision would render a parting of the
accidental injuries from compensability an unjust result.

"The judge of compensation's reliance upon Livingstone to
support his holding that parking lots owned, maintained, or
provided by employers were appropriately considered part of the
employer's premises is unassailable because the Court
acknowledged the Legislature's intent in framing the premises
rule's contours. Livingstone, supra, 111 N.J. at 102. Harrah's
contention that Livingstone sought to limit 'judicially-created
exceptions to the general noncompensability of off-premises
accidents . . . .' is correct. Livingstone, supra, 111 N.J. at 
103. However, this argument is misplaced because the judge of
compensation clearly relied on the case for its general
proposition that parking lots either owned, maintained, or
operated by employers are properly considered part of the
employer's premises.

CARLA BURDETTE v. HARRAH'S ATLANTIC CITY,
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
DOCKET NO. A-4797-12T1 Decided January 17, 2013.

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NY: Liability and workers compensation priority issues for Chamber of Commece

Today's post is shared from http://poststar.com/

Business leaders are advocating this session of the state Legislature for relief from a state law that holds contractors “absolutely liable” for workplace accidents, said Peter Aust, president and chief executive officer of Adirondack Regional Chamber of Commerce.

Business leaders want the Legislature to modify Section 240 and 241 of state labor law, known as the Absolute Liability Law, Aust said in a recent interview.

“It’s causing contractors’ insurance rates to go up, and that’s being passed on down to everybody whose doing a project -- whether it’s a housing project or a commercial project,” Aust said.

Business leaders also are seeking changes in workers compensation laws this session, he said.

“Reform measures in worker’s compensation have to happen ... or else we won’t see companies wanting to locate here,” he said.

[Click here to see the rest of this post]

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