| Today's post is shared from npr.org/ Two weeks after NPR and Mine Safety and Health News reported nearly $70 million in delinquent mine safety penalties at more than 4,000 coal and mineral mines, federal regulators suddenly revived a rare approach to enforce mines to pay. They cited a delinquent coal mine for failing to pay $30,000 in overdue penalties and gave the mine's owner two weeks to pay. He didn't, so the Mine Safety and Health Administration (MSHA) shut down the mine. Within 40 minutes, mine officials agreed to a payment plan and the mine reopened. It sounds like a straightforward and tough response, but it might not stand up to legal scrutiny. Federal law doesn't give MSHA the authority to shut down mines simply because they haven't paid their safety penalties. But the agency can force a mine to fix safety violations. In this case, the failure to pay penalties is considered an unfixed violation. Response From the Mine Safety And Health Administration The following is the agency's response to the NPR/Mine Safety and Health News series on Delinquent Mines. Mine operators have the primary responsibility under the Mine Act to prevent the existence of unsafe and unhealthful working conditions. When they fail in their responsibility for compliance with the Act and its standards and regulations, MSHA uses the enforcement tools it has at its disposal. As a result of, and immediately after the Upper Big Branch Mine disaster, those tools now include an enhanced enforcement program to provide a more effective means... [Click here to see the rest of this post]  |
Monday, January 12, 2015
Regulators Take Action Against Delinquent Mines
DuPont forming spinoff to clean up its Superfund sites in Pompton Lakes and elsewhere
Today's post is shared from northjersey.com/
 The federal government is seeking damages for the pollution caused by the munitions plant DuPont operated in Pompton Lakes for decades.CHRIS PEDOTA/staff photographer DuPont plans to create a spinoff company that would take on the environmental liability for about 190 contaminated sites across the country, including DuPont’s former munitions facility in Pompton Lakes, one of its most costly cleanup sites. The change is not expected to slow progress on cleanups in the short term, state and federal officials said. But it raises longer-term questions about whether the move could insulate DuPont from future cleanup and natural resource damage claims, particularly if the spinoff, called the Chemours Co., developed financial problems. DuPont said in recent filings with the Securities and Exchange Commission that the new company would be financially sound. It said the environmental liabilities for the 190 sites is estimated at nearly $300 million, including $87 million in expected cleanup costs for Pompton Lakes. Those costs are not expected to have much impact on the new company’s financial position, liquidity or ability to operate, DuPont said. But DuPont also cautioned that “expenditures are subject to considerable uncertainty.” The company acknowledged that cleanup and other liability costs could climb to more than $1 billion. Other spinoffs in the nation have indeed failed under the... [Click here to see the rest of this post]  |
Sunday, January 11, 2015
CES 2015: Quell Promises Pain Relief with New FDA-Approved Gadget
Today's post is shared from techtime.com/ A new gadget revealed at CES 2015 promises to provide pain relief through technology. The device, dubbed Quell, attaches to the user's calf and stimulates the body's opiate production to relieve pain from various ailments. When most people think of pain relief, they think of some sort of pill ingested internally, such as aspirin, ibuprofen, naproxen, or similar over the counter product. For more serious pain, there are prescription medicines available, but they can be highly addictive, have many serious side effects, and have a large potential for abuse. Quell promises an external source of pain relief. The unit attaches to the user's calf, which the makers of the Quell consider a "virtual USB port," and electrodes stimulate the wearer's body to release pain-relieving opiates. The sensory nerves it stimulates send neural pulses to the brain that trigger the release of endogenous opioids, the pain-relief response that blocks pain signals in the spine. The process is called Transcutaneous Electrical Nerve Stimulation technology, also known as TENS. There are already over-the-counter TENS systems such as the one made by Icy Hot, but these are very low-powered and low-tech compared with Quell. Quell is also much more expensive, but manufacturer NeuroMetrix, a health-care company that develops... [Click here to see the rest of this post] |
Congressman Sam Farr Honors N. Michael Rucka
The late N. Michael Rucka was honored by Congressman Sam Farr in remarks before the US Congress. A tribute to the late N. Michael Rucka whose unending devotion to the cause of helping injured workers will remain a living legacy. The following appears in the Congressional Record.
IN HONOR OF N. MICHAEL RUCKA
Mike was born on October 3, 1939 in Brooklyn, New York. His parents, Nettie and Arthur, soon moved to Los Angeles and then settled in San Francisco. Mike graduated from Lowell High School before attending the University of California, Berkeley. Following his graduation from UC Berkeley and the University of San Francisco School of Law, Michael relocated to the Monterey Peninsula in the 1970s. There, he worked ambitiously alongside his friends Emmet O'Boyle, Alfred Lombardo, and J. Andrew McKenna to develop the Rucka, O'Boyle, Lombardo, and McKenna Law Firm in Salinas, California.
Mike devoted every day to representing injured parties in matters of workers compensation and Social Security disability. Mike won the Granado Case before the California Supreme Court, thus establishing the rule that temporary disability and medical treatment are not subject to apportionment. Thanks to his work, this rule has benefited all injured workers since..
Mr. Speaker, I know I speak for the whole House in honoring Mike's lifetime of achievement and in extending our heartfelt condolences to his friends, and family members, including his wife Corry, daughter Brandy, sons Greg and Nick, and his grandchildren.
[Congressional Record Volume 160, Number 127 (Monday, September 8, 2014)] [Extensions of Remarks] [Page E1343] From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
 |
| N. Michael Rucka 1939-2014 |
IN HONOR OF N. MICHAEL RUCKA
HON. SAM FARR
of California
in the House of Representatives
Monday, September 8, 2014
Mr. FARR. Mr. Speaker, I rise today to honor N. Michael Rucka, an
important community leader whose entrepreneurial spirit, tenacity, and
ethical standards enriched the lives of his family, law partners,
friends, and clients. Mike was a dear friend and wonderful mentor. He
was the very essence of life, compassion, generosity, and curiosity.
World affairs and domestic politics were always on Mike's mind and he
was never shy about sharing his thoughts with me. Mike passed away on
July 28, 2014, after struggling with cancer. His passing has left a
huge empty space in those of us who knew and loved him. But what we
will remember the most is the way he enriched so many lives and made
the Monterey Bay Area, and indeed the world, a better place.
Mike was born on October 3, 1939 in Brooklyn, New York. His parents, Nettie and Arthur, soon moved to Los Angeles and then settled in San Francisco. Mike graduated from Lowell High School before attending the University of California, Berkeley. Following his graduation from UC Berkeley and the University of San Francisco School of Law, Michael relocated to the Monterey Peninsula in the 1970s. There, he worked ambitiously alongside his friends Emmet O'Boyle, Alfred Lombardo, and J. Andrew McKenna to develop the Rucka, O'Boyle, Lombardo, and McKenna Law Firm in Salinas, California.
Mike devoted every day to representing injured parties in matters of workers compensation and Social Security disability. Mike won the Granado Case before the California Supreme Court, thus establishing the rule that temporary disability and medical treatment are not subject to apportionment. Thanks to his work, this rule has benefited all injured workers since..
He also served as the President
of the California Applicant's Attorneys Association from 1975 to 1976.
In 1993, Mike received the Eugene Marias Lifetime Achievement Award.
Mike was uniquely respected both in this community, throughout
California, and by his peers throughout the country. In a small block
of marble in his office is a short handled hoe, presented to Michael in
honor of his instrumental work and help in getting the back-breaking
short handled hoe banned from the agricultural fields of California. He
donated his time, resources and energy to organizations that are
committed to advancing the rights of injured workers and others who
need a voice.
Mr. Speaker, I know I speak for the whole House in honoring Mike's lifetime of achievement and in extending our heartfelt condolences to his friends, and family members, including his wife Corry, daughter Brandy, sons Greg and Nick, and his grandchildren.
[Congressional Record Volume 160, Number 127 (Monday, September 8, 2014)] [Extensions of Remarks] [Page E1343] From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
High Compensation Medical Costs Raises Concern in New Hampshire
Medical costs now constitute a huge percentage of every workers' compensation claim. A recent editorial published in New Hampshire asserts that soaring and unequal medical costs have broken the workers' compensation system. Today's post is shared from concordmonitor.com/
Lawmakers should make 2014 the last year that doctors and other health care providers are guaranteed payment no matter how much they charge when a worker is injured on the job. The workers’ compensation system is broken.
The state, and the employers who pay into its workers’ compensation fund, have been paying two and three times the going rate for medical services when the patient is a workers’ compensation recipient. On average, surgeons charge 156 percent more, according to a report by the state’s Department of Insurance. Bills for radiology are 107 percent higher, 95 percent higher for occupational therapy and for something as simple as an ice pack, 300 percent more.
The extra paperwork required to document workers’ compensation cases and perhaps the added severity of the average injury, probably explains some of the price difference. But, human nature being what it is, it’s likely that, when the bill has to be paid no matter what the provider charges, the temptation to pad it can be irresistible, especially when providers can rationalize the surcharge by using it to offset underpayments in areas such as Medicare or Medicaid.
Lawmakers should make 2014 the last year that doctors and other health care providers are guaranteed payment no matter how much they charge when a worker is injured on the job. The workers’ compensation system is broken.
The state, and the employers who pay into its workers’ compensation fund, have been paying two and three times the going rate for medical services when the patient is a workers’ compensation recipient. On average, surgeons charge 156 percent more, according to a report by the state’s Department of Insurance. Bills for radiology are 107 percent higher, 95 percent higher for occupational therapy and for something as simple as an ice pack, 300 percent more.
The extra paperwork required to document workers’ compensation cases and perhaps the added severity of the average injury, probably explains some of the price difference. But, human nature being what it is, it’s likely that, when the bill has to be paid no matter what the provider charges, the temptation to pad it can be irresistible, especially when providers can rationalize the surcharge by using it to offset underpayments in areas such as Medicare or Medicaid.
Saturday, January 10, 2015
New Drugs to Treat Hearing Loss and Ear Disorders
A multitude of workers have occupational hearing losses induced by either sudden trauma or prolonged occupational exposures to loud noise. Some workers have hearing losses associated with age and fail to address the issue and create a potential safety concern in the workplace. In the past many have gone undetected and/or treated.
Workers' Compensation insurance provides for benefits for hearing losses and disorders associated with both traumatic (sudden) and occupational (exposure to loud noise) hearing losses occurring in the workplace. The insurance also allows workers to obtain hearing aids, treatment and medication(s).
Many of these conditions are not diagnosed or treated at an early stage for lack of attention. This is changing because of recent changes in medical delivery associated with the Affordable Care Act and Medicare. The new laws will afford millions a new opportunity to be diagnosed and treated.
Recent developments in pharmaceutical medicine may allow for restoration of hearing losses as well elimination of associated tinnitus, commonly known as ringing in the ears. Today's post is shared from nytimes.com/
Workers' Compensation insurance provides for benefits for hearing losses and disorders associated with both traumatic (sudden) and occupational (exposure to loud noise) hearing losses occurring in the workplace. The insurance also allows workers to obtain hearing aids, treatment and medication(s).
Many of these conditions are not diagnosed or treated at an early stage for lack of attention. This is changing because of recent changes in medical delivery associated with the Affordable Care Act and Medicare. The new laws will afford millions a new opportunity to be diagnosed and treated.
Recent developments in pharmaceutical medicine may allow for restoration of hearing losses as well elimination of associated tinnitus, commonly known as ringing in the ears. Today's post is shared from nytimes.com/
Friday, January 9, 2015
Florida medical marijuana and the 2016 Election Cycle
The medical marijuana initiative may have a major effect n the future of not only the nation'a presidential outcome but also of the fate of workers' compensation in the State of Florida. As goes Florida in the 2016 election cycle so probably will the nation, because of the mechanics of the National count of electoral college votes.
The medical marijuana ballot question lost last off-year cycle because the liberal turnout was so low. The initiative could spur more voters to the poles and impact not only the Florida presidential count but also the local and state candidates.
Ironically, a large voter turnout will result in the election of more liberals into office in Florida will ultimately liberalize the state leadership and its present negative thoughts on benefits. The upcoming election may ultimately impact the pending judicial cases involving the constitutionality of Florida's workers' compensation act.
Today's post is shared from reuters.com/
| TALLAHASSEE, Fla. (Reuters) - The push to legalize medical marijuana in Florida continues with a two-pronged campaign, supporters said on Friday, sharing plans to mount another ballot drive in 2016 as a way to pressure state lawmakers to consider legislation permitting prescription pot. A constitutional amendment to legalize medical marijuana in Florida last year fell just short of the 60 percent approval needed to pass in the state. Morgan, who spent about $4 million on his United for Care campaign last year, said he has revised the ballot language to... |
Read more about medical marijuana and workers' compensation:
Workers' Compensation: Florida: Legalizing Marijuana Fails ...
Nov 05, 2014
Copyright. (c) 2014 Jon L Gelman, All Rights Reserved. Wednesday, November 5, 2014. Florida: Legalizing Marijuana Fails to Pass. Amendment 2. Amend Constitution to legalize medical marijuana? ANSWER, VOTES, PCT.
http://workers-compensation.blogspot.com/
For Marijuana, a Second Wave of Votes to Legalize
Oct 29, 2014
As the libertarian movement in the Republican Party has gained force, with leaders like Senator Rand Paul, Republican of Kentucky, supporting decriminalization of marijuana and others going even further, an anchor of the ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Marijuana and Workers' Comp
Sep 08, 2014
There are some who believe medical marijuana and the workplace are a potent mix just waiting to be stirred as increasingly more states approve the herb and its derivatives for medicinal use. Not only are states approving the ...
http://workers-compensation.blogspot.com/
Court Rules Workers Comp Must Cover Medical Marijuana
Sep 22, 2014
"Indeed, medical marijuana is a controlled substance and is a drug,” the court wrote. “Instead of a written order from a health care provider, it requires the functional equivalent of a prescription - certification to the program.
http://workers-compensation.blogspot.com/
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