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Thursday, October 23, 2014
Rating Made Real
Tuesday, October 21, 2014
Asbestos likely more widespread than previously thought
Naturally occurring asbestos minerals may be more widespread than previously thought, with newly discovered sources now identified within the Las Vegas metropolitan area. The asbestos-rich areas are in locations not previously considered to be at risk, according to a new report. “These minerals were found where one wouldn’t expect or think to look,” said a co-researcher of the study. The naturally occurring asbestos was found in Boulder City, Nevada, in the path of a construction zone to build a multi-million dollar highway.
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Employer Fraud and Recommendations from New York State Supreme Court’s Grand Jury Report
Today's post is shared from http://legaltalknetwork.com/
A recent Grand Jury Report from the New York State Supreme Court brought recommendations of change to handle Employer Fraud in Workers’ Compensation. Among the recommended areas of change are the application process, criminal statutes, and the method of collecting data. On this episode ofWorkers Comp Matters, host Alan Pierce interviews Gilda Mariani of the Manhattan District Attorney’s Office. Together they discuss the results of the Grand Jury Report and the subsequent victims of premium fraud. Tune in to learn more about employee classifications, the involuntary insurance market, and drivers of cost for workers’ compensation insurance.
Gilda Mariani is with the New York County District Attorney’s Office, having held supervisory positions including Deputy Chief of its former Frauds Bureau as well as Chief of its former Money Laundering and Tax Crimes Unit. She has had a significant role in drafting legislation, including the New York Money Laundering Statute and the misdemeanor crime of Providing a Juror with a Gratuity. She has conducted several investigations that have led to issuance of Reports by the New York County Grand Jury, including the Grand Jury Report released in March 2014 on workers’ compensation reform. Mariani is also a recipient of the Robert M. Morgenthau Award by the District Attorneys Association of the State of New York.
Are Uber Drivers Getting Their Tips?
Today's post is shared from http://ncworkcompjournal.com/
A U.S. federal judge recently ruled that a ride-sharing service must face a lawsuit alleging that the company has been pocketing tips meant for the drivers (Detroit Free Press, September 19, 2014). Uber Technologies is a smartphone-summoned car service based in San Francisco that has been charging a 20% surcharge on rides. Uber was founded in 2009 and is currently in 35 countries and more than 100 cities. It is valued at $18.2 billion and is the most valued ventured-back company in the world.
Filed in January, the class-action suit alleges that Uber has been keeping a “substantial portion” of the gratuity as additional revenue rather than sharing with its drivers. This lawsuit also accuses the company of misleading customers about the true cost of its service. The complaint characterizes Uber’s practice as unfair and deceptive because Uber keeps most of the surcharge and it’s not a gratuity.
Uber, Lyft and other car-booking companies have been facing a growing number of legal challenges. In Chicago, cab drivers sued the city claiming that these smartphone-summoned services are not subject to the same regulations governing conventional taxi companies. In Connecticut, Uber and Lyft have also been accused of racketeering by taxi and livery operators who accuse the companies of preying on established businesses and cutting legal corners by partnering with affiliated drivers instead of owning cars. That way, these companies claim they are different from taxi dispatchers and shouldn’t be forced to comply with existing regulations, such as driver background checks and liability insurance.
A U.S. federal judge recently ruled that a ride-sharing service must face a lawsuit alleging that the company has been pocketing tips meant for the drivers (Detroit Free Press, September 19, 2014). Uber Technologies is a smartphone-summoned car service based in San Francisco that has been charging a 20% surcharge on rides. Uber was founded in 2009 and is currently in 35 countries and more than 100 cities. It is valued at $18.2 billion and is the most valued ventured-back company in the world.
Filed in January, the class-action suit alleges that Uber has been keeping a “substantial portion” of the gratuity as additional revenue rather than sharing with its drivers. This lawsuit also accuses the company of misleading customers about the true cost of its service. The complaint characterizes Uber’s practice as unfair and deceptive because Uber keeps most of the surcharge and it’s not a gratuity.
Uber, Lyft and other car-booking companies have been facing a growing number of legal challenges. In Chicago, cab drivers sued the city claiming that these smartphone-summoned services are not subject to the same regulations governing conventional taxi companies. In Connecticut, Uber and Lyft have also been accused of racketeering by taxi and livery operators who accuse the companies of preying on established businesses and cutting legal corners by partnering with affiliated drivers instead of owning cars. That way, these companies claim they are different from taxi dispatchers and shouldn’t be forced to comply with existing regulations, such as driver background checks and liability insurance.
California Nurses’ Union Pulls Ebola Into Contract Talks
This story is part of a partnership that includes KQED, NPR and Kaiser Health News.
The powerful California Nurses Association has put Ebola on the bargaining table in its negotiations for a new contract with Kaiser Permanente.
Contract talks have been going on for months and the nurses’ most recent demands are all about Ebola — better training, more staffing, protective gear that goes beyond what’s recommended by federal officials and even a special life insurance policy.
“We’d like to have an extra supplemental coverage, for specifically Ebola, if we were to contract Ebola while we’re at work,” says Diane McClure, a nurse at Kaiser Permanente’s hospital in Sacramento, where a patient suspected of having Ebola was treated in August. He later tested negative for the virus. (KHN is not affiliated with Kaiser Permanente).
And, she says even a month after the Ebola scare at her hospital, nurses had not received any meaningful, hands-on training.
“They felt that all they had to do was pull up some [Centers for Disease Control and Prevention] information online and put some flyers on the tables and in the bathroom and that was it,” says McClure, who is a member of the nurses’ bargaining team.
Kaiser Permanente hasn’t responded to all of the California Nurses Association’s demands. In a statement, KP said that it is rolling...
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Chemical leak contained at New Jersey refinery
| Today's post is shared from app.com Officials say no one was injured during a chemical leak in northern New Jersey. Infineum USA says the leak was spotted in a drum containing 25 percent of ethyl aluminum dichloride art the company’s plant in Linden’s Bayway Refinery Complex around 8 a.m. Monday. Employees sheltered in place and the leak was isolated about 45 minutes later. Infineum says approximately 1,400 pounds of the chemical was released in the form of a cloud that dissipated within an hour. The company says there was no danger to those in the complex or in the community. The state health department says the highly flammable and reactive chemical can irritate the nose, eyes and skin. It also can cause rash and burns. The company is investigating to determine what caused the leak. |
Good Things: No Chief's Disease Here
Today's post is shared from guest author David DePaolo and is shared from http://daviddepaolo.blogspot.com/
The California Highway Patrol, criticized in the past for exploitative "Chief's Disease," has a program in place that demonstrates that workers' compensation can accomplish amazing things when all of the right motivations are in all of the right places and everyone does their job.
Last week, CBS Sacramento ran a story about CHP officer Mike Mitchell and the CHP's program.
Mitchell lost his leg in 2011 in an automobile crash when he was responding to a call in Amador County. His car hit a tree so violently that he doesn't remember the crash at all, and his injuries were so severe his right leg had to be amputated.
His employer offered him a chance to return to the force, but he had to prove himself physically (and mentally) capable by going through the academy again, this time with a computerized prosthetic that is the stuff of imagination 40 years ago (think "Six Million Dollar Man" with actor Lee Majors as the star).
The prosthetic didn't cost millions - the article says it cost about $100,000.
“I have kids at home and I can’t let them see me quit,” he tells his interviewer.
“Officer-safety wise I still have to able to be able to fight, I still have to be able to shoot and drive. Do everything I’m suppose to do,” he goes on.
After going through retraining and passing the physical assessment tests he regained his uniform and is back on the job patrolling in a CHP cruiser.
“I love doing it,” he said, reflecting the attitude that is necessary for an injured worker to overcome huge obstacles. “I love being out in the public.”
According to the story, there are four other full time officers who are amputees.
I'm sure there are also many failure stories where benefits were not provided timely, or there is a dispute about treatment or indemnity, or where an officer attempts to take advantage of the generous disability compensation system in place for California peace officers.
Those negative situations get a lot of attention. It's easy to focus on the bad, to criticize, and blame.
It's much harder to be successful, to overcome huge obstacles, to achieve cooperation between the many people that need to contribute for a successful outcome - that requires communication, vision, and a huge helping of positive attitude.
The CHP says on its website that, "When injuries occur, our obligation is to ensure all appropriate benefits are accessed and received by those injured employees."
I have to believe that statement when I see a story such as Mitchell's.
We at WorkCompCentral believe that success should be celebrated. So much of workers' compensation is draped in negativity - after all, going through a life altering event such as a work injury is steeped in uncertainty, stress and disappointment.
But there are success stories, many of them. We don't hear about those, and some people have been critical of the Comp Laude Awards for injured workers stating that we are making a mockery of the system.
Nothing could be further from the truth, and the fact is that we have had many, many injured workers nominated, and many other injured workers praising our efforts to recognize people who have overcome the odds.
And this happens with the help of the teams of people, the employers, claims adjusters, doctors, attorneys, doing their jobs the best they can.
Stay in this industry long enough and cynicism can dominate your thoughts.
Workers' compensation does good things. We just don't hear about them very often.
When you go to work this morning, do good things - make a case work properly, get an injured worker back on the job, celebrate positive outcomes!
And join us Saturday, December 6, to recognize people and companies that make a difference.
The California Highway Patrol, criticized in the past for exploitative "Chief's Disease," has a program in place that demonstrates that workers' compensation can accomplish amazing things when all of the right motivations are in all of the right places and everyone does their job.
Last week, CBS Sacramento ran a story about CHP officer Mike Mitchell and the CHP's program.
Mitchell lost his leg in 2011 in an automobile crash when he was responding to a call in Amador County. His car hit a tree so violently that he doesn't remember the crash at all, and his injuries were so severe his right leg had to be amputated.
His employer offered him a chance to return to the force, but he had to prove himself physically (and mentally) capable by going through the academy again, this time with a computerized prosthetic that is the stuff of imagination 40 years ago (think "Six Million Dollar Man" with actor Lee Majors as the star).
The prosthetic didn't cost millions - the article says it cost about $100,000.
“I have kids at home and I can’t let them see me quit,” he tells his interviewer.
“Officer-safety wise I still have to able to be able to fight, I still have to be able to shoot and drive. Do everything I’m suppose to do,” he goes on.
After going through retraining and passing the physical assessment tests he regained his uniform and is back on the job patrolling in a CHP cruiser.
“I love doing it,” he said, reflecting the attitude that is necessary for an injured worker to overcome huge obstacles. “I love being out in the public.”
According to the story, there are four other full time officers who are amputees.
I'm sure there are also many failure stories where benefits were not provided timely, or there is a dispute about treatment or indemnity, or where an officer attempts to take advantage of the generous disability compensation system in place for California peace officers.
Those negative situations get a lot of attention. It's easy to focus on the bad, to criticize, and blame.
It's much harder to be successful, to overcome huge obstacles, to achieve cooperation between the many people that need to contribute for a successful outcome - that requires communication, vision, and a huge helping of positive attitude.
The CHP says on its website that, "When injuries occur, our obligation is to ensure all appropriate benefits are accessed and received by those injured employees."
I have to believe that statement when I see a story such as Mitchell's.
We at WorkCompCentral believe that success should be celebrated. So much of workers' compensation is draped in negativity - after all, going through a life altering event such as a work injury is steeped in uncertainty, stress and disappointment.
But there are success stories, many of them. We don't hear about those, and some people have been critical of the Comp Laude Awards for injured workers stating that we are making a mockery of the system.
Nothing could be further from the truth, and the fact is that we have had many, many injured workers nominated, and many other injured workers praising our efforts to recognize people who have overcome the odds.
And this happens with the help of the teams of people, the employers, claims adjusters, doctors, attorneys, doing their jobs the best they can.
Stay in this industry long enough and cynicism can dominate your thoughts.
Workers' compensation does good things. We just don't hear about them very often.
When you go to work this morning, do good things - make a case work properly, get an injured worker back on the job, celebrate positive outcomes!
And join us Saturday, December 6, to recognize people and companies that make a difference.
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