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

Friday, December 19, 2014

Medicare penalizes 23 New Jersey hospitals over errors, infections

Hospital acquired infections (HAI) are a major problem and take a toll on injured workers and employers. The Federal Government in its expanding roll to provide better services at les cost is now enforcing HAI rules by imposing penalties. Today's post is shared from northjersey.com/
The federal government will reduce its Medicare payments to 23 hospitals in the state — including six in North Jersey — in a crackdown on hospital errors and infections.
The list of hospitals, released Thursday, includes Hackensack University Medical Center, St. Mary’s Hospital in Passaic and Bergen Regional Medical Center in Paramus. In all, 721 hospitals nationwide will see their Medicare payments cut by 1 percent for the year that began Oct. 1.
New Jersey was one of 10 states where a third or more of the hospitals were penalized.
The financial incentives and public reporting are a two-pronged strategy under the health care reform law known as Obamacare aimed at reducing harm to patients from hospital stays. Hospital errors are estimated to cost Americans more than $17 billion a year and contribute to the deaths of 180,000 Medicare patients alone.
And because Medicare, the federal insurance program for those over 65, is one of the largest sources of hospital revenue, even a 1 percent reduction can have a sizable impact on health care facilities.
For example, Hackensack University Medical Center, with $1.2 billion in revenue in 2012, had more than $263 million in Medicare payments that year. So a reduction of 1 percent would cost it nearly $3 million.
Reached on Thursday night, hospital spokeswoman Nancy Radwin said that Hackensack “remains committed to reducing its hospital-acquired condition rates. As evidenced...
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Read more about hospital acquired infections and workers compensation
Aug 15, 2008
The patient was admitted for the installation of a pacemaker and a resulting hospital acquired infection resulted in the loss of his right leg a portion of his left foot, a kidney and his a majority of his hearing. The award was ...
May 09, 2013
Some infections are contracted during treatment such as infection that are acquired during hospital stay. Those are called Hospital Acquired Infections (HAI). These infection are expensive to treat and are a major concern to .
Mar 26, 2014
Hospital Acquired Infections are a compensable condition and significantly raise treatment costs and time to recuperate from a work related accident or disease. Today's post is shared from the US CDC. On any given day, ...
May 31, 2013
Some infections are contracted during treatment such as infection that are acquired during hospital stay. Those are called Hospital Acquired Infections (HAI). These infection are expensive to treat and are a major concern to .

Fueled by Recession, U.S. Wealth Gap Is Widest in Decades, Study Finds

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



The wealthy are getting wealthier. As for everyone else, no such luck.
A report released on Wednesday by the Pew Research Center found that the wealth gap between the country’s top 20 percent of earners and the rest of America had stretched to its widest point in at least three decades.
Last year, the median net worth of upper-income families reached $639,400, nearly seven times as much of those in the middle, and nearly 70 times the level of those at the bottom of the income ladder.
There has been growing attention to the issue of income inequality, particularly the plight of those earning the federal minimum wage of $7.25 an hour or close to it.
But while income and wealth are related (the more you make, the more you can save and invest), the wealth gap zeros in on a different aspect of financial well-being: how much money and other assets you have accumulated over time, including the value of your home and car plus any investments in stocks, bonds and the like.
Think of it as “a measure of the family ‘nest egg,’ ” as Pew calls it — a hoard that can sustain a household during an emergency, like the loss of a job, and in the long run can see someone through retirement.
The wealth gap “exposes varying degrees of vulnerability,” said Valerie Wilson, an economist at the Economic Policy Institute, a left-of-center research group in Washington, adding that it also was passed down through the generations.
While those at the top have...
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Designed in Cupertino: Apple under fire again for working conditions at Chinese factories


Apple had promised to improve working conditions in its suppliers' factories.

Holding US companies accountable for unsafe working conditions abroad is a major challenge. Does cheap labor equate to poor working conditions? Is China more interested in providing an abundance of jobs  than a safe workplace as and more immigrants flock to the cities every year for work?Ares cheap and unsafe  labor conditions really a political tool as a defense to revolution? Today's post is shared from theguardian.com/

Workers in Chinese factories making Apple products continue to be poorly treated, with exhausted employees falling asleep on their 12-hour shifts, the BBC has said after an undercover investigation.
Reporters who took jobs at the Pegatron factories found workers regularly exceeded 60 hours a week – contravening the company’s guidance – and that standards on ID cards, dormitories, work meetings and juvenile workers were also breached.
The broadcaster said promises made by Apple to protect workers in the wake of a spate of suicides at supplier Foxconn in 2010 were “routinely broken”.
Apple said that it disagreed with the BBC’s conclusions.
The BBC filmed a health and safety exam at a Pegatron factory in which workers chanted out answers in unison, meaning there was little chance of failing.
The footage also appeared to show workers had no choice to opt out of doing night shifts or working while standing.
One reporter had to work 18 days in a row despite repeated requests for a day off, the BBC reported.
In response to the programme, Apple told the BBC: “We are aware of no other company doing as much as Apple to ensure fair and safe working conditions.
“We work with suppliers to address shortfalls, and we see continuous and significant improvement, but we know our work is never done.”
The company said it was common for workers to sleep during breaks but it would investigate whether they were falling asleep while working.
It said it...
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Read more about Apple and safety and health
Dec 13, 2013
Death of Apple factory workers highlight safety, underage issues ... Pegatron and Apple said their investigations indicated that the deaths weren't linked to work conditions. In response to Shi's death, Apple last month sent ...
Jun 13, 2013
Transportation accidents account for a high proportion of work-related fatalities, and Apple's announcement with week of increasing the access of iCar-Technology into the automobile is raising serious concerns among safety ...
Jan 18, 2013
In a turn of fate, the company who anufatures football safety gear has itself been sited for serious safety vilations at its own manufacturing facilities. The apple certainly doesn't fall far from the tree. The U.S. Department of ...
Jan 18, 2012
The recently released annual Apple Supplier Report discusses production safety and health issues of Apple's global international suppliers. Admitting many problems including health and safety violations, including an ...

Sheriff to cede immigration-enforcement foothold

Today's post is shared from chron.com/
An Arizona sheriff known for crackdowns on people living in the country illegally is giving up his last major foothold in immigration enforcement efforts that won him popularity among voters but gradually were reined in by Washington and the courts.
Maricopa County Sheriff Joe Arpaio's office revealed late Wednesday that it was agreeing to disband a controversial squad that has raided businesses to arrest more than 700 immigrants who were charged with using fake or stolen IDs to get jobs.
"He has proved that when he gets involved in immigration enforcement, he tramples on the U.S. Constitution, at great expense to taxpayers and public safety," said Cecillia Wang, an American Civil Liberties Union lawyer who won a racial profiling case against Arpaio's office.
The revelation that Arpaio was voluntarily closing his criminal employment squad comes after the...
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Read more about undocumented aliens and workers compensation
Jun 16, 2014
Peter Rousmaniere comments today about the problems, threats and fears that undocumented aliens confront with the nation's patchwork of compensation programs. Injured undocumented aliens in states than mandate the ...
Jul 03, 2011
A Florida Court has ruled that illegal aliens are entitled to workers' compensation benefits. This follows the acceptance of a majority of States to offer workers' compensation status to workers regardless of their immigration ...

Thursday, December 18, 2014

Pharmacy Executives Face Murder Charges in Meningitis Deaths

Today's post is shared from nytimes.com/

Two senior executives of a Massachusetts compounding pharmacy were charged Wednesday with racketeering and murder in the production of tainted drugs that killed 64 people and sickened hundreds of others across the country with fungal meningitis in the fall of 2012.
The United States attorney’s office here charged Barry J. Cadden, an owner of New England Compounding Center Inc. and the head pharmacist, and Glenn A. Chin, a supervisory pharmacist, with 25 acts of second-degree murder in seven states — Florida, Indiana, Maryland, Michigan, North Carolina, Tennessee and Virginia.
“Senior N.E.C.C. pharmacists knew that, despite the filthy conditions at N.E.C.C., the drugs that they made were not property tested for sterility,” said Carmen Ortiz, the United States attorney for Massachusetts.
In all, 14 people were charged in a 131-count indictment, many of them pharmacists at the company, which is now closed. The charges include mail fraud, conspiracy and violation of the Food, Drug and Cosmetic Act. Most were taken into custody at their homes early Wednesday, officials said.


Among those accused were members of the Conigliaro family of Massachusetts — Gregory, Douglas and Carla. The family founded the company in 1998 as part of a broader business organization that included a recycling firm.
Carla and Douglas Conigliaro, a husband and wife, were accused of transferring $33 million in assets to eight different bank accounts after the...
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Read more about meningitis and workers' compensation
Workers' Compensation: Unintended Consequences ...
Oct 22, 2012
Workers' Compensation benefits generally are payable when a condition arises out of the employment including the consequences of medical treatment. Injured workers' who have suffered meningitis as a result of the ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Fungal Meningitis: One Year After ...
Oct 29, 2013
The clinical paper, focusing on the early stages of the outbreak, describes patients who experienced a wide variety of illnesses, including meningitis, stroke, arachnoiditis (inflammation of one of the membranes around the ...
http://workers-compensation.blogspot.com/

Citing Health Risks, Cuomo Bans Fracking in New York State



Today's post is shared from nytimes.com/

Gov. Andrew M. Cuomo’s administration announced on Wednesday that it would ban hydraulic fracturing in New York State because of concerns over health risks, ending years of debate over a method of extracting natural gas.
Fracking, as it is known, was heavily promoted as a source of economic revival for depressed communities along New York’s border with Pennsylvania, and Mr. Cuomo had once been poised to embrace it.
Instead, the move to ban fracking left him acknowledging that, despite the intense focus he has given to solving deep economic troubles afflicting large areas upstate, the riddle remained largely unsolved. “I’ve never had anyone say to me, ‘I believe fracking is great,’ ” he said. “Not a single person in those communities. What I get is, ‘I have no alternative but fracking.’ ”
In a double blow to areas that had anticipated a resurgence led by fracking, a state panel on Wednesday backed plans for three new Las Vegas-style casinos, but none along the Pennsylvania border in the Southern Tier region. The panel, whose advice Mr. Cuomo said would quite likely be heeded, backed casino proposals in the Catskills, near Albany and between Syracuse and Rochester.


For Mr. Cuomo, a Democrat, the decision on fracking — which was immediately hailed by environmental and liberal groups — seemed likely to help repair his ties to his party’s left wing. It came after a surprisingly contentious...
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Read more about fracking and workers' compensation
Workers' Compensation: People near 'fracking' wells report ...
Sep 13, 2014
People living near natural-gas wells were more than twice as likely to report upper-respiratory and skin problems than those farther away, says a major study Wednesday on the potential health effects of fracking. Nearly two of ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Big Oil's New Pitch: Fracking ...
Jul 29, 2014
The Obama administration, meanwhile, is weighing plans to streamline DOE approval of liquefied natural gas export facilities (though some industry insiders doubt it will speed up the process). The issue has also played into ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Fracking: Are elevated levels of ...
Sep 16, 2014
Fracking: Are elevated levels of hydrocarbon gases in drinking-water aquifers near gas wells natural or anthropogenic? Today's post is shared from pnas.org/ Hydrocarbon production from unconventional sources is growing ...
http://workers-compensation.blogspot.com/
Jury awards Texas family nearly $3 million in fracking case
Apr 26, 2014
In a landmark legal victory that centered on fracking, a middle-class north Texas ranching family won nearly $3 million from a big natural gas company whose drilling, they contend, caused years of sickness, killed pets and ...

Obesity is a disability. Employers should start treating it that way.

Today's post is shared from washingtonpost.com/ Helen Leahey is a Welsh journalist and documentary filmmaker who works in education management.


Job interviews are an uncomfortable experience for most people. But for people like me who suffer from morbid obesity, they are especially grueling. It’s hard to impress someone when you’re the fat applicant. There’s the added challenge of sustaining an engaging conversation as a potential future employer walks you around the premises, a hike that leaves you winded. After that, you have to squeeze into a tiny chair and present your credentials, maintaining a charming demeanor as the blood circulation to the lower half of your body is cut off. I went through this process over and over again while I was searching for a job. I did land one eventually, as a manager in one of the world’s leading business schools. But my problems didn’t end there. Because of my handicap, co-workers had to take over tasks that I couldn’t manage – mainly those that involved climbing any number of stairs or walking more than 20 feet.

It is clear to me that morbid obesity — defined as having a body mass index above 40 — is often a disability, irrelevant of the cause. But in many legal systems, that’s still an unanswered question. Even as obesity rates have soared, U.S. and European courts have grappled with whether to classify it as a disability, which would obligate employers to provide necessary accommodations so obese employees can...
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Workers Fired for Being Obese May Sue Bosses, Court Says

Today's post is shared from businessweek.com/

Obese workers may claim discrimination in the workplace, the European Union’s highest court said in a case that will pave the way for severely fat people to be protected as disabled.

“That condition falls within the concept of disability where, under particular conditions, it hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers,” the EU Court of Justice in Luxembourg ruled today.

Obesity has reached epidemic proportions globally, according to the World Health Organization, which says at least 2.8 million people die each year as a result of being overweight or obese. People with a BMI of more than 25 are classified as overweight and a BMI of more than 30 is obese. As many as 30 percent of adults in Europe are obese, the WHO says.

Today’s case was triggered by Karsten Kaltoft, who sued the town of Billund, Denmark, after he was dismissed from his post in 2010. Kaltoft, whose weight was never less than 160 kilograms (353 pounds) at the time, had a high body mass index of 54, which classified him as obese. His public-sector employer denies that this was why he lost his job.

Kaltoft first took his case to a Danish court, which asked the EU tribunal to rule on whether obesity could be included as a reason for unlawful discrimination by employers. The Danish court will have decide on his firing in line with today’s ruling.

The case is: C-354/13, FOA, acting on behalf...
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Read more about obesity and workers' compensation
Nov 21, 2014
Officials estimated that about 30 percent of seniors are obese and therefore eligible for counseling services, which studies have shown improve the odds of significant weight loss. But less than 1 percent of Medicare's 50 ...
Jun 30, 2014
Those are the results of a first-of-its-type study the Washington State Department of Labor & Industries sponsored connecting what you do for work with obesity. The study also examined the percentage of workers in specific ...
Nov 20, 2013
Obesity is now been classified as disease. With such a designation of Worker's Compensation systems will be impacted by request for benefits in order to diminish obesity is a pre-existing and coexisting diagnosis. Treatment ...
Dec 04, 2012
With over two-thirds of the nations' workforce overweight, the US workers' compensation system appears to weighed down with issue of obesity and its complications and costs. The delivery of medical treatment, and resulting ...

Obesity 'could be a disability' - EU courts rule



Levels of obesity are rising across Europe
Levels of obesity are rising across Europe
Today's post is shared from bbc.com/

Obesity can constitute a disability in certain circumstances, the EU's highest court has ruled.

The European Court of Justice was asked to consider the case of a male childminder in Denmark who says he was sacked for being too fat.

The court said that if obesity could hinder "full and effective participation" at work then it could count as a disability.

The ruling is binding across the EU.
“If employers suddenly have to start ensuring that they've got wider seats, larger tables, more parking spaces for people who are obese, I think then we're just making the situation worse.”Jane Deville Almond British Obesity Society

Judges said that obesity in itself was not a disability - but if a person had a long term impairment because of their obesity, then they would be protected by disability legislation.

The case centres around childminder Karsten Kaltoft who weighs about 160kg (25 stone).

He brought a discrimination case against his employers of 15 years, Billund local authority, after he was sacked four years ago.

The authority said a fall in the number of children meant Mr Kaltoft was no longer required.

But Mr Kaltoft said he was dismissed because he was overweight.

'No problems'

Earlier this year he told the BBC that reports he was so fat he was unable to bend down to tie children's shoelaces were untrue.

Describing his work with...
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Read more about obesity and workers' compensation
Jun 21, 2012
In a report issued by NCCI Holdings Inc., a company that generates workers' compensation insurance rates in many jurisdictions, the increased cost factors for obesity were reported. "The statistical analysis shows that ...
Mar 20, 2010
Now a Court has ordered that an insurance company must treat a persons obesity as an extension of its medical benefits so that weight reduction can occur and the underlying work related condition can be addressed.
Sep 23, 2011
We thought it was a fitting topic for our workers' law blog because NFL linemen must embrace this condition in order to stay in peak performance. It's called chronic obesity. These days, to be an NFL lineman, you not only have ...
Mar 15, 2014
Workers' compensation is affected by obesity as well. A work injury or disease, coupled with chronic obesity, frequently becomes much more difficult to deal with. The usual methods of treatment may not be possible for an ...

Wal-Mart must pay $188 million in workers' class action

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

(Reuters) - The Pennsylvania Supreme Court ordered Wal-Mart Stores Inc to pay $188 million to employees who had sued the retailer for failing to compensate them for rest breaks and all hours worked.
Wal-Mart said on Tuesday that it might appeal the decision, which upheld lower court rulings, to the U.S. Supreme Court.
Monday's ruling on the class-action lawsuit will reduce Wal-Mart's earnings for the quarter ending on Jan. 31 by 6 cents a share, the company said in a securities filing. That amounts to roughly 4 percent of its profit forecast of $1.46 to $1.56 for the period.
Wal-Mart shares were up 0.5 percent at $84.39 in midday New York Stock Exchange trading.
The Pennsylvania Supreme Court upheld a 2007 lower court ruling in favor of the workers, who said Wal-Mart failed to pay them for all hours worked and prevented them from taking full meal and rest breaks.
Wal-Mart spokeswoman Brooke Buchanan said the company did not believe the claims should be grouped together in a class-action suit. "Walmart has had strong policies in place to make sure all associates receive their appropriate pay and break periods," she said.
The decision, which affects about 187,000 Wal-Mart employees who worked in Pennsylvania between 1998 and 2006, marks the second unfavorable ruling in a week for the retailer, the largest private employer in the United States.
On Dec. 9, a National Labor Relations Board administrative law judge found Wal-Mart had threatened employees trying to organize...
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Read more about Walmart and workers' compensation
Nov 30, 2014
While millions of shoppers flocked to Walmart stores nationwide on Black Friday, thousands of protesters descended on Walmarts to protest what they said were the retailer's low wages. About 300 people rallied Friday ...
Nov 25, 2014
Wal-Mart workers and their supporters plan to launch protests at stores across the country on Black Friday to push for higher wages and better working conditions for employees.Organizers say rallies and marches will occur at ...
Nov 17, 2014
CHICAGO (Reuters) - A group of Walmart employees pushing for higher wages said on Friday they were planning protests at 1,600 Walmart stores nationwide on Black Friday, the biggest shopping day of the year in the ...
Oct 20, 2014
Labor activists have long denounced retailers like Walmart for employing an army of low-wage, part-time workers to staff their stores. As retail sales flounder in an uncertain economy, those activists — and even a growing ...

Two hotel industry groups sue L.A. over minimum wage hike

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


Hotel minimum wage

Two industry groups sued Los Angeles on Tuesday over its planned minimum wage at larger hotels, saying it would cause "irreparable harm" and run afoul of federal labor law.
The American Hotel and Lodging Assn. and the Asian American Hotel Owners Assn. said the city's law, which imposes a $15.37 minimum wage, improperly interferes with labor relations, tipping the scales in favor of unions. The law has national implications for the hospital industry, which wants to keep other cities from adopting similar rules.
"If L.A. does this, other large cities will see it as something sensible for them to do," attorney Michael Starr said.
The wage law allows unionized hotels to be exempted from paying the minimum wage if workers agree in their contract to relinquish that opportunity. That provision, Starr said, will pressure hotel managers to give in to demands from labor leaders on the process used to let workers join a union.

Amazon workers lose fair-pay case over hours spent in security screenings
Amazon workers lose fair-pay case over hours spent in security screenings

The groups want to block enforcement of the law, approved by the City Council in September. The measure is set to go into effect in July for hotels with at least 300 rooms and expand a year later to hotels with at least 150 rooms.
Backers of the measure said it would prevent hotel workers from having to take second jobs that keep them from seeing their families. They also argue that the hotels in Los Angeles have benefited from city efforts to boost the tourism industry.
...
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Read more about wages and workers' compensation
Oct 07, 2014
I've tried to be particularly vigilant in ringing this lack-of-real-wage-growth alarm bell in recent months, as the tightening job market has led to threatening chatter about the need for the Federal Reserve to ratchet up rates ...
Nov 22, 2014
For nearly 20 years, Darrell Eberhardt worked in an Ohio factory putting together wheelchairs, earning $18.50 an hour, enough to gain a toehold in the middle class and feel respected at work. He is still working with his hands, ...
Aug 24, 2014
It's no coincidence that there's been an outpouring of research on wage trends of late, just in time for the annual meeting of the world's central bankers at Jackson Hole, Wyo. But one noted monetary expert who should but ...
Nov 17, 2014
CHICAGO (Reuters) - A group of Walmart employees pushing for higher wages said on Friday they were planning protests at 1,600 Walmart stores nationwide on Black Friday, the biggest shopping day of the year in the ...

Wednesday, December 17, 2014

NY unlikely to face lawsuits over fracking ban, experts say

Today's post is shared from reuters.com/
When Governor Andrew Cuomo announced a ban on fracking in New York on Wednesday, he predicted "a ton of lawsuits" against the state. But that is unlikely as the end of a drilling boom has left the industry in no mood for a fight, industry experts and lawyers said.
"I think most of the companies in the industry are disinterested in fighting," said Brad Gill, the executive director of the Independent Oil and Gas Association of New York, a trade group.
Six years ago, before the start of a lengthy New York moratorium on hydraulic fracturing of natural gas, the governor might have been right. But since then, the fracking phenomenon has turned from mania to mundane.
Chesapeake Energy, once one of the biggest leaseholders in New York, last year gave up a legal battle to retain thousands of acres in the state. Norse Energy went bankrupt in 2012 after more than 100,000 acres in the state it leased were deemed off-limits to drilling.
The industry's less confrontational stance reflects the dramatic shift in the U.S. natural gas industry over the years since the state's de facto ban came into force in 2008.
That year, natural gas prices spiked to a near record around $14 per million British thermal units (mmBtu), and drilling were racing around the country snapping up land rights to exploit new techniques that would unlock decades worth of reserves.
Fracking involves blasting large volumes of water, sand and chemicals into shale rock to release...
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