Workers' Compensation

Just Go to The Emergency Room

2013-05-21T06:00:00.000-04:00

Emergency room medicine is becoming an easy avenue for work-related medical care as employers and insurance carriers keep restricting traditional medical care access. Over the past decades it is becoming increasingly difficult for workers who have suffered occupational accidents or diseases to obtain quick, efficient and authorized diagnostic services and medical treatment.

A recent RAND study now validates that an alternate route is increasingly being used to access the medical care system, the emergency room. Few restrictions exists to enter an emergency room door. The red tape imposed by insurance carriers is eliminated, and the concept of deny and delay are non-existent in emergency room medicine.

Hospital emergency departments play a growing role in the U.S. health care system, accounting for a rising proportion of hospital admissions and serving increasingly as an advanced diagnostic center for primary care physicians, according to a new RAND Corporation study.

While often targeted as the most expensive place to get medical care, emergency rooms remain an important safety net for Americans who cannot get care elsewhere and may play a role in slowing the growth of health care costs, according to the study.

Emergency departments are now responsible for about half of all hospital admissions in the United States, accounting for nearly all of the growth in hospital admissions experienced between 2003 and 2009.

Despite evidence that people with chronic conditions such as asthma and heart failure are visiting emergency departments more frequently, the number of hospital admissions for these conditions has remained flat. Researchers say that suggests that emergency rooms may help to prevent some avoidable hospital admissions.

"Use of hospital emergency departments is growing faster than the use of other parts of the American medical system," said Dr. Art Kellermann, the study's senior author and a senior researcher at RAND, a nonprofit research organization. "While more can be done to reduce the number of unnecessary visits to emergency rooms, our research suggests emergency rooms can play a key role in limiting growth of preventable hospital admissions."

RAND was asked by the Emergency Medicine Action Fund, a consortium of emergency medicine physician organizations, to develop a more complete picture of how hospital emergency departments contribute to the U.S. health care system.

Researchers reviewed recent studies published about the use of emergency departments, analyzed federal information about emergency room use and conducted a series of interviews with primary care physicians, hospital-based doctors and emergency department physicians.

The study found that while admissions to U.S. hospitals grew more slowly than the nation's overall population from 2003 and 2009, nearly all of the growth over the period was caused by a 17 percent increase in unscheduled admissions made from emergency departments. That growth more than offset a 10 percent drop in admission from doctors' office and other outpatient settings.

Researchers say the findings suggest that office-based physicians are directing to emergency departments some patients they previously would have admitted to the hospital themselves.The study also found that emergency departments increasingly support primary care providers by performing complex diagnostic workups that cannot be done in physician offices. In addition, emergency departments supplement primary care providers by handling overflow, after-hours cases and weekend demand for medical care.

These changes mean that emergency physicians now serve as the major decision maker for about half of all hospitals admissions in the United States. Hospital admissions account for most of hospital revenue and inpatient medical care accounts for 31 percent of nationwide health spending, making emergency room physicians a major nexus in influencing health care costs.

Researchers found that most people who seek care in an emergency department do so because they perceive no viable alternative, not because it was convenient. Researchers say the finding suggests that efforts to reduce non-urgent visits to emergency departments should focus on assuring timely access to primary care and less-expensive forms of care, rather than blocking access to emergency departments.

"We believe there needs to be more effort to integrate the operations of emergency departments into both inpatient and outpatient care systems," said Kristy Gonzalez Morganti, the study's lead author and a policy researcher at RAND.

Ways to accomplish this include greater use of interconnected health information technology, better coordination of care and case management, and more collaborative approaches to medical practice.

Researchers say widespread adoption of these and other practice innovations could generate savings by providing patients with better access to safe non-emergent care, which would minimize duplicative testing and avoid needless hospital admissions.

The report, "The Evolving Role of Emergency Departments in the United States," can be found at www.rand.org. Other authors of the study areSebastian Bauhoff, Janice C. Blanchard, Mahshid Abir, Neema Iyer, Alexandria C. Smith, Joseph V. Vesely and Edward N. Okeke.

Read more about "medical care" and workers' compensation:

NY Worker's Compensation Board Proposes New Medical - Workers ...

Nov 16, 2012

Adopt the new carpal tunnel syndrome (CTS) medical treatment guidelines (MTG) as the standard of care for the treatment of injured workers with carpal tunnel syndrome; Modify current MTGs to include new maintenance ...

http://workers-compensation.blogspot.com/

Universal Medical and Workers' Compensation: It's Not "If", It's

Feb 01, 2013

Medical care afforded by workers' compensation delivery systems will ultimately be merged into a universal national program, despite all the opposition along the way. My friend, and cycling inspiration, who keeps me trying to ...

http://workers-compensation.blogspot.com/

Compensation is Riding on the Road to Wellville with Obama Care

Mar 15, 2013

Since workers do not have group health insurance coverage, they are denied access to the medical care they need when their injury claims are denied by the worker's compensation insurer. And their claims are routinely .

http://workers-compensation.blogspot.com/

Medical Outcome Based Compensation - Essentially a Workers

Jan 12, 2013

The idea of compensation medical providers for the end result, or benefits of medical care provided, is not a new concept as it is already embraced theoretically by the workers' compensation system. Employers, who usually ...

http://workers-compensation.blogspot.com/

Misclassification Fraud Across the Country

2013-05-20T09:00:00.001-04:00

North Carolina Governor Bev Perdue Signed Executive Order 125

Today's post comes from guest author Leonard Jernigan from The Jernigan Law Firm.

"Misclassification" is a poorly chosen word to describe fraudulent conduct by employers who misclassify the status of their employees. For example, a roofing company may have 30 roofers doing the actual work but these workers are classified as "independent contractors" instead of employees.

Why would they do that? At the end of the year these workers are sent a 1099 tax form that reports the wages paid, but the employer does not make any deductions for Medicare or unemployment, and doesn't pay for workers' compensation insurance.

If you have a roofing company and you properly classify your employees, you are at a competitive disadvantage in bidding on jobs. Honest businesses are hurt by misclassification, and taxpayers are hurt because they pick up medical bills and other expenses created when one of these "independent contractors" gets hurt.

Another form of misclassification is when a construction company with 85 employees reports to its workers' compensation insurance company that 75 of these people are staff workers, which results in a significantly reduced premium. Obviously, a construction worker is at greater risk of injury than an office worker. Again, the honest company who accurately reports the status of its employees is at a competitive disadvantage with the dishonest employer.

New York, New Jersey, Massachusetts, Virginia, Michigan, Florida, California, Texas and the vast majority of states across the country have been looking into this issue for several years and they have been aggressively prosecuting dishonest employers who try to game the system. North Carolina has finally joined these states.

On August 22, 2012, Governor Beverly Perdue issued Executive Order 125, which created a task force to study this issue and try to get different agencies to communicate with each other and share information to identify employers who are failing to pay employee taxes. Hopefully, this task force will figure out how to enforce existing law. This blog will follow the progress of this task force. Stay tuned.

The International Call for Fashion Safety - Accord on Fire and Building Safety in Bangladesh

2013-05-20T07:23:00.001-04:00

MAY 13, 2013

Accord on Fire and Building Safety in Bangladesh

The undersigned parties are committed to the goal of a safe and sustainable Bangladeshi ReadyMade Garment ("RMG") industry in which no worker needs to fear fires, building collapses, or

other accidents that could be prevented with reasonable health and safety measures.

The signatories to this Agreement agree to establish a fire and building safety program in

Bangladesh for a period of five years.

The programme will build on the National Action Plan on Fire Safety (NAP), which expressly

welcomes the development and implementation by any stakeholder of any other activities that

would constitute a meaningful contribution to improving fire safety in Bangladesh. The

signatories commit to align this programme and its activities with the NAP and to ensure a close

collaboration, including for example by establishing common programme, liaison and advisory

structures.

The signatories also welcome a strong role for the International Labour Organization (ILO),

through the Bangladesh office as well as through international programmes, to ensure that both

the National Action Plan, and the programme foreseen by the signatories of this Agreement, get

implemented.

The signatories shall develop and agree an Implementation Plan within 45 days of signing this

Agreement. The nongovernmental organisations which are signatories to the Joint Memorandum

of Understanding on Fire and Building Safety (dated March 15, 2012), having stated their

intention to support the implementation of this programme, shall, at their own election, be signed

witnesses to this Agreement.

This Agreement commits the signatories to finance and implement a programme that will take

cognizance of the Practical Activities described in the NAP involving, at minimum, the following

elements:

SCOPE: The agreement covers all suppliers producing products for the signatory companies.

The signatories shall designate these suppliers as falling into the following categories, according

to which they shall require these supplier to accept inspections and implement remediation

measures in their factories according to the following breakdown:

1. Safety inspections, remediation and fire safety training at facilities representing, in the

aggregate, not less than 30%, approximately, of each signatory company’s annual

production in Bangladesh by volume (“Tier 1 factories”).

2. Inspection and remediation at any remaining major or long-term suppliers to each

company (“Tier 2 factories”). Together, Tier 1 and Tier 2 factories shall represent not less

than 65%, approximately, of each signatory company’s production in Bangladesh by

volume.

3. Limited initial inspections to identify high risks at facilities with occasional orders, onetime orders or those for which a company’s orders represent less than 10% of the MAY 13, 2013

factory’s production in Bangladesh by volume (“Tier 3 factories”). Nothing in this

paragraph shall be deemed to alleviate the obligation of each signatory company to

ensure that those factories it designates as Tier 3 represent, in the aggregate, no more than

35%, approximately, of its production in Bangladesh by volume. Facilities determined, as

a result of initial inspection, to be high risk shall be subject to the same treatment as if

they were Tier 2 factories.

GOVERNANCE:

4. The signatories shall appoint a Steering Committee (SC) with equal representation

chosen by the trade union signatories and company signatories (maximum 3 seats each)

and a representative from and chosen by the International Labour Organization (ILO) as a

neutral chair. The SC shall have responsibility for the selection, contracting,

compensation and review of the performance of a Safety Inspector and a Training

Coordinator; oversight and approval of the programme budget; oversight of financial

reporting and hiring of auditors; and such other management duties as may be required.

The SC will strive to reach decision by consensus, but, in the absence of consensus,

decisions will be made by majority vote. In order to develop the activity of the SC, a

Governance regulation will be developed.

5. Dispute resolution. Any dispute between the parties to, and arising under, the terms of

this Agreement shall first be presented to and decided by the SC, which shall decide the

dispute by majority vote of the SC within a maximum of 21 days of a petition being filed by

one of the parties. Upon request of either party, the decision of the SC may be appealed to

a final and binding arbitration process. Any arbitration award shall be enforceable in a

court of law of the domicile of the signatory against whom enforcement is sought and

shall be subject to The Convention on the Recognition and Enforcement of Foreign

Arbitral Awards (The New York Convention), where applicable. The process for binding

arbitration, including, but not limited to, the allocation of costs relating to any arbitration

and the process for selection of the Arbitrator, shall be governed by the UNCITRAL

Model Law on International Commercial Arbitration 1985 (with amendments as adopted

in 2006).

6. The signatories shall appoint an Advisory Board involving brands and retailers, suppliers,

government institutions, trade unions, and NGOs. . The advisory board will ensure all

stakeholders, local and international, can engage in constructive dialogue with each other

and provide feedback and input to the SC, thereby enhancing quality, efficiency,

credibility and synergy. The SC will consult the parties to the NAP to determine the

feasibility of a shared advisory structure.

7. Administration and management of the programme will be developed by the SC in

consultation with the 'High-Level Tripartite Committee' established to implement and

oversee the National Action Plan on Fire Safety, as well as with the Ministry of Labour

and Employment of Bangladesh (MoLE), the ILO and the Deutsche Gesellschaft für

Internationale Zusammenarbeit GmbH (GIZ), to maximize synergy at operational level;

and the SC may make use of the offices of GIZ for administrative coordination and

support.

CREDIBLE INSPECTIONS:

8. A qualified Safety Inspector, with fire and building safety expertise and impeccable

credentials, and who is independent of and not concurrently employed by companies,

trade unions or factories, shall be appointed by the SC. Providing the Chief Inspector acts

in a manner consistent with his or her mandate under the provisions of this Agreement,

and unless there is clear evidence of malfeasance or incompetence on his or her part, the

SC shall not restrict or otherwise interfere with the Chief Inspector’s performance of the

duties set forth in the Agreement as he or she sees fit, including the scheduling of

inspections and the publishing of reports.

9. Thorough and credible safety inspections of Tier 1, 2 and 3 factories shall be carried out

by skilled personnel selected by and acting under the direction of the Safety Inspector,

based on internationally recognized workplace safety standards and/or national standards

(once the review foreseen under the NAP is completed in June 2013). The Safety

Inspector shall make all reasonable efforts to ensure that an initial inspection of each

factory covered by this Agreement shall be carried out within the first two years of the

term of this Agreement. The Safety Inspector will be available to provide input into the

NAP legislative review and to support capacity building work regarding inspections by

the MoLE foreseen under the NAP.

10. Where a signatory company’s inspection programme, in the opinion of the Safety

Inspector, meets or exceeds the standards of thorough and credible inspections, as defined

by the Safety Inspector, it will be considered an integral part of the programme activities

set forth in this Agreement. Signatory companies wishing to have their inspection

programme so considered shall provide the Safety Inspector full access to the findings of

their inspections and he or she will integrate these into reporting and remediation

activities. Notwithstanding this provision, all factories within the scope of this Agreement

shall still be subject to all the provisions of this Agreement, including but not limited to a

least one safety inspection carried out by personnel acting under the direction of the

Safety Inspector.

11. Written Inspection Reports of all factories inspected under the programme shall be

prepared by the Safety Inspector within two (2) weeks of the date of inspection and

shared upon completion with factory management, the factory’s health and safety

committee, worker representatives (where one or more unions are present), signatory

companies and the SC. Where, in the opinion of the Safety Inspector, there is not a

functioning health and safety committee at the factory, the report will be shared with the

unions which are the signatories to this Agreement. Within a timeline agreed by the SC,

but no greater than six weeks, the Safety Inspector shall disclose the Inspection Report to

the public, accompanied by the factory’s remediation plan, if any. In the event that, in

the opinion of the Safety Inspector, the inspection identifies a severe and imminent

danger to worker safety, he or she shall immediately inform factory management, the

factory’s health and safety committee, worker representatives (where one or more unions

are present), the Steering Committee and unions which are signatories to this Agreement,

and direct a remediation plan.

REMEDIATION:

12. Where corrective actions are identified by the Safety Inspector as necessary to bring a

factory into compliance with building, fire and electrical safety standards, the signatory

company or companies that have designated that factory as a Tier 1, 2, or 3 supplier, shall

require that factory to implement these corrective actions, according to a schedule that is

mandatory and time-bound, with sufficient time allotted for all major renovations.

13. Signatory companies shall require their supplier factories that are inspected under the

Program to maintain workers’ employment relationship and regular income during any

period that a factory (or portion of a factory) is closed for renovations necessary to

complete such Corrective Actions for a period of no longer than six months. . Failure to

do so may trigger a notice, warning and ultimately termination of the business

relationship as described in paragraph 21.

14. Signatory companies shall make reasonable efforts to ensure that any workers whose

employment is terminated as a result of any loss of orders at a factory are offered

employment with safe suppliers, if necessary by actively working with other suppliers to

provide hiring preferences to these workers.

15. Signatory companies shall require their supplier factories to respect the right of a worker

to refuse work that he or she has reasonable justification to believe is unsafe, without

suffering discrimination or loss of pay, including the right to refuse to enter or to remain

inside a building that he or she has reasonable justification to believe is unsafe for

occupation.

TRAINING:

16. The Training Coordinator appointed by the SC shall establish an extensive fire and building

safety training program. The training program shall be delivered by a selected skilled

personnel by the Training Coordinator at Tier 1 facilities for workers, managers and

security staff to be delivered with involvement of trade unions and specialized local

experts. These training programmes shall cover basic safety procedures and precautions,

as well as enable workers to voice concerns and actively participate in activities to ensure

their own safety. Signatory companies shall require their suppliers to provide access to

their factories to training teams designated by the Training Coordinator that include

safety training experts as well as qualified union representatives to provide safety training

to workers and management on a regular basis.

17. Health and Safety Committees shall be required by the signatory companies in all

Bangladesh factories that supply them, which shall function in accordance with

Bangladeshi law, and be comprised of workers and managers from the applicable factory.

Worker members shall comprise no less than 50% of the committee and shall be chosen

by the factory’s trade union, if present, and by democratic election among the workers

where there is no trade union present.

COMPLAINTS PROCESS:

18. The Safety Inspector shall establish a worker complaint process and mechanism that

ensures that workers from factories supplying signatory companies can raise in a timely

fashion concerns about health and safety risks, safely and confidentially, with the Safety

Inspector. This should be aligned with the Hotline to be established under the NAP.

TRANSPARENCY AND REPORTING:

19. The SC shall make publicly available and regularly update information on key aspects of

the programme, including:

a. a single aggregated list of all suppliers in Bangladesh (including sub-contractors)

used by the signatory companies, based on data which shall be provided to the SC

and regularly updated by each of the signatory companies, and which shall

indicate which factories on this list have been designated by that company as Tier

1 factories and which have been designated by that company as Tier 2 factories,

however volume data and information linking specific companies to specific

factories will be kept confidential,

b. Written Inspection Reports, which shall be developed by the Safety Inspector for

all factories inspected under this programme, shall be disclosed to interested

parties and the public as set forth in paragraph 11 of this Agreement.

Public statements by the Safety Inspector identifying any factory that is not acting

expeditiously to implement remedial recommendations.

c. Quarterly Aggregate Reports that summarize both aggregated industry

compliance data as well as a detailed review of findings, remedial

recommendations, and progress on remediation to date for all factories at which

inspections have been completed.

20. The signatories to this Agreement shall work together with other organizations such as ILO

and the High-Level Tripartite Committee and the Bangladeshi Government to encourage

the establishment of a protocol seeking to ensure that suppliers which participate fully in

the inspection and remediation activities of this Agreement shall not be penalised as a

result of the transparency provisions of this Agreement. The objectives of the protocol

are to (i) support and motivate the employer to take remediation efforts in the interest of

the workforce and the sector and (ii) expedite prompt legal action where the supplier

refuses to undertake the remedial action required to become compliant with national law.

SUPPLIER INCENTIVES:

21. Each signatory company shall require that its suppliers in Bangladesh participate fully in

the inspection, remediation, health and safety and, where applicable, training activities, as

described in the Agreement. If a supplier fails to do so, the signatory will promptly

implement a notice and warning process leading to termination of the business

relationship if these efforts do not succeed.

22. In order to induce Tier 1 and Tier 2 factories to comply with upgrade and remediation

requirements of the program, participating brands and retailers will negotiate commercial terms

with their suppliers which ensure that it is financially feasible for the factories to maintain safe

workplaces and comply with upgrade and remediation requirements instituted by the Safety

Inspector. Each signatory company may, at its option, use alternative means to ensure factories

have the financial capacity to comply with remediation requirements, including but not limited to

joint investments, providing loans, accessing donor or government support, through offering

business incentives or through paying for renovations directly.

23. Signatory companies to this agreement are committed to maintaining long-term sourcing

relationships with Bangladesh, as is demonstrated by their commitment to this five-year

programme. Signatory companies shall continue business at order volumes comparable to or

greater than those that existed in the year preceding the inception of this Agreement with Tier 1

and Tier 2 factories at least through the first two years of the term of this Agreement, provided

that (a) such business is commercially viable for each company and (b) the factory continues to

substantially meet the company’s terms and comply with the company’s requirements of its

supplier factories under this agreement.

FINANCIAL SUPPORT:

24. In addition to their obligations pursuant to this Agreement, signatory companies shall

also assume responsibility for funding the activities of the SC, Safety Inspector and

Training Coordinator as set forth in this Agreement, with each company contributing its

equitable share of the funding in accordance with a formula to be established in the

Implementation Plan. The SC shall be empowered to seek contributions from

governmental and other donors to contribute to costs. Each signatory company shall

contribute funding for these activities in proportion to the annual volume of each

company’s garment production in Bangladesh relative to the respective annual volumes

of garment production of the other signatory companies, subject to a maximum

contribution of $500,000 per year for each year of the term of this Agreement. A sliding

scale of minimum contributions based on factors such as revenues and annual volume in

Bangladesh will be defined in the Implementation Plan with annual revisions, while

ensuring sufficient funding for the adequate implementation of the Accord and the Plan.

25. The SC shall ensure that there are credible, robust, and transparent procedures for the

accounting and oversight of all contributed funds.

Public Outrage Over Factory Conditions Spurs Labor Deal (NY Times)

......................................

UNI Global Press Release

Politicians on both sides of the Atlantic are waking up to the fact they must take an initiative on Bangladesh garment factory safety.Global commerce union leaders are urging all governments to commit to the Accord on Fire and Building Safety and push for its speedy implementation.

The Netherlands Government has called on Dutch retailers to sign the Accord and discussed financial support to improve conditions for the Bangladeshi garment industry. Other European governments, notably France, Denmark and Norway have also shown support. In the U.S. a group of leading Senators has written to retail CEOs who have not signed up, including Walmart and Gap, urging them to reconsider.

The legally binding Accord, driven by IndustriALL and UNI Global Union and the NGOs, the Clean Clothes Campaign and the Worker Rights Consortium, has a critical mass of support from leading retailers around the world with more than 35 brands confirmed:

H&M, Inditex, C&A, PVH, Tchibo, Tesco, Marks & Spencer, Primark, El Corte Inglés, jbc, Mango, Carrefour, KiK, Helly Hansen, G-Star, Aldi, New Look, Mothercare, Loblaws, Sainsbury’s, Benetton, N Brown Group, Stockmann, WE Europe, Esprit, Rewe, Next, Lidl, Hess Natur, Switcher, Abercrombie & Fitch, John Lewis, Charles Vögele, V&D, Otto Group, s.Oliver, Bonmarche, HEMA, Comtex.

UNI Global Union General Secretary, Philip Jennings said, “There can be no excuses from the retail sector for not signing up to the Accord, when Walmart alone spends $2.5 billion per year on advertising and Gap $653 million.”

The trade unions committed to take the message back to their home governments to insist the retail sector backs the deal and that grass root members of parliament mobilise to support it.

Union leaders said it was time for governments to step up.

Per Tønnesen, President of the Danish union HK HANDEL said, “We welcome the fact that the Danish Trade Minister has raised the Bangladesh Factory Safety deal and shown support. This is an important step to convince Danish brands to sign the Accord. All Danish retail companies must be urged to support the Accord. HK HANDEL is looking forward to playing its part in rolling out the implementation plan and the governments should be on-board.”

John Hannett, General Secretary of USDAW in the UK and President of UNI Europa Commerce said, “The British Government must get behind the Bangladeshi Safety deal but so must politicians of every political persuasion. The big UK retailers have shown their support for the Accord and now it’s up to the politicians to help convince those who have not yet signed. The French Commerce Minister has called on companies, unions and NGOs to come together to discuss concrete steps to improve factory safety in Bangladesh and the Dutch have made their position clear and are considering financial support – the UK must not drag its heels.”

Michael Bride, of the United Food and Commercial Workers Union of North America said, "We applaud the group of eight U.S. Senators, led by Sherrod Brown, Tom Harkin and Dick Durbin, for calling on those brands yet to sign the Accord to reconsider. U.S. corporations should understand that their efforts to excuse themselves from human rights obligations which companies elsewhere have signed up to will be neither easily forgotten nor forgiven. The U.S. Government has a responsibility to ensure that companies located in its jurisdiction are not permitted to adhere to a lesser standard on human rights and safety than companies in the rest of the world."

The shoe factory collapse in Cambodia earlier this week has underlined that factory safety is not an issue confined to Bangladesh and that such an agreement is vital for the whole retail industry.

NJ Bayonne Medical Center - Highest Priced Medicine in the Nation

2013-05-18T07:33:00.001-04:00

While workers' compensation insurance carriers may set approved fees or contract with providers, hospitals have huge disparities in the cost for medical care provided. Additionally, there appears to be no difference in the ultimate outcome based on cost for medical service provided.

Compromising fees for medical services has become a big business in the US. Regulatory agencies provide a forum for the re-evaluation and determination of the cost for medical service. Many companies have emerged that provide representation in assisting in compromising fee. NJ Workers' Compensation have been mandated with the jurisdiction to evaluate the need and reasonableness of medical care provided to injured workers and establish the reimbursable value of the medical services rendered.

The highest priced medicine does not yield the best result according to published data released by the US Government. The NY Times has analyzed data and found that the NJ Bayonne Medical Center was the highest priced hospital in the nation.

"Until a recent ruling by the Internal Revenue Service, for instance, a hospital could use the higher prices when calculating the amount of charity care it was providing, said Gerard Anderson, director of the Center for Hospital Finance and Management at Johns Hopkins. “There is a method to the madness, though it is still madness,” Mr. Anderson said."

Read more about "medical costs" and workers' compensation:

Workers' Compensation Jeopardy: Romney and Medical Costs

Nov 01, 2012

Planned changes by Mitt Romney to Medicare and Medicaid will have a dire effect on the regulations of the future cost of workers' compensation medical treatment. Proposed changes to the Federal program will indirectly ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Medical Costs Soar in Workers ...

Dec 11, 2008

The cost of medical care has increased tremendously according to a recently issued report. The NCCI (National Council on Compensation Insurance Inc.) reports an increase in medical costs from 40% in the early 1980s to ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Medical Costs in Comp Higher Than Group ...

Feb 17, 2009

The main findings were: For comparable injuries, when WC pays higher prices than GH for specific services, those services tend to be used more often in WC than in GH; The proportion of WC medical cost that is subject to ...

http://workers-compensation.blogspot.com/

Medical Outcome Based Compensation - Essentially a Workers

Jan 12, 2013

Soaring medical costs have afflicted the workers' compensation industry with economic distress and have severely impacted the efficient and effective delivery of medical care to injured workers. Both increased costs/profits .

http://workers-compensation.blogspot.com/

Ban Asbestos: Rotterdam Conference Highjacked by "The Dirty 7"

2013-05-18T06:15:00.000-04:00

Civil society groups attending the Rotterdam Convention conference in Geneva are expressing grave alarm that the Convention has been hijacked by the asbestos industry, which is determined to prevent the environmental and health protections of the Convention from being implemented.

For the fourth time, a handful of countries allied to the asbestos industry have refused to allow

chrysotile asbestos to be added to the Convention’s list of hazardous substances, even though the Convention’s expert scientific committee has repeatedly recommended that it be listed and even though it has been recognized that the listing of chrysotile asbestos meets all the criteria of the Convention. The committee’s conclusions are endorsed by all leading medical organisations and by the World Health Organisation.

“It is outrageous that seven countries – Russia, Kazakhstan, Kyrgyzstan, Ukraine, Zimbabwe, India and Vietnam – are turning the Rotterdam Convention into a Convention that protects profits of the asbestos industry, instead of protecting human health and the environment,” said Kathleen Ruff, co-coordinator of the Rotterdam Convention Alliance.

“The Convention requires that countries practice responsible trade by obtaining prior informed consent before they export hazardous substances to another country,” said Laurie Kazan-Allen, coordinator of IBAS, UK. “But these seven countries are determined to practice irresponsible trade and to hide the hazards of chrysotile asbestos.”

Fernanda Giannasi, a labour inspector in Brazil, reports that, in her job, she daily sees products containing chrysotile asbestos entering her country without labels, and tells of the great many victims who develop cancers from asbestos exposure in her country. “Since these countries refuse to follow responsible trade information practices, it will force other countries to resort to other measures, such as a full ban on asbestos,” said Giannasi.

“Russia and Zimbabwe recently ratified the Convention and attended the Rotterdam Convention conference of the parties for the first time,” said Sugio Furuya of the Asia Ban Asbestos Network. “It seems that they ratified the Convention with the sole purpose of wrecking it in order to protect the profits of their national asbestos industry. This is shameful, cynical conduct on their part. They are ruthlessly destroying the Convention to achieve their aim.”

“If the Convention is not going to be implemented and become empty words on paper, then what is the point of having the Convention?” asked Emmanuel Odjam-Akumatey of Ecological Restorations, Ghana. “The credibility of the Convention, and all 152 countries who have ratified the Convention is a at stake.”

“These seven countries, allied to the asbestos industry, are demonstrating contempt for the right of countries to prior informed consent, which is the whole purpose of the Convention,” said Alessandro Pugno of the Association of Asbestos Victims Families, Casale, Italy. That is why we have once against brought one hundred people, representing asbestos victims organisations, in front of the UN headquarters in Geneva and presented to the president of the conference their letter, calling for chrysotile asbestos to be listed.

“As well as civil society, the vast majority of parties to the Rotterdam Convention are dismayed and supported the statement by Australia yesterday stating that the cost of inaction will be huge,” said Elina Doszhanova of Social-Eco Fund NGO from Kazakhstan. “Although we are a major exporting country of chrysotile asbestos, there is no in-depth research and understanding of the current and future health and environmental costs of inaction.”

“Chrysotile asbestos is widely used in Kyrgyzstan, but our citizens are not all informed; we call on our governments to apply the precautionary principle, to protect public health,” says Dr Vladimir Korotenko, BIOM Kyrgyzstan.

“This small group of countries tries to use as an excuse, that listing would cause extra costs. They have been repeatedly told that this is not a criterion of the Convention. Furthermore, this argument is nonsense and omits the enormous economic costs caused by chrysotile asbestos, which is already up in the hundreds of billions of dollars. While industry takes the profits, the costs are put on the shoulders of the public taxpayer. The World Bank recognized this fact and therefore recommended against use of chrysotile asbestos,” said Alexandra Caterbow, senior chemical expert at WECF International.

Last year, an Italian court sentenced two asbestos executives to 16 years in jail for criminally suppressing information about the hazards of asbestos, resulting in up to 3000 deaths, including citizens living near their asbestos-cement factories.

“By not listing chrysotile asbestos, the Convention is enabling the industry to carry on the same criminal cover-up of the hazards of chrysotile asbestos, which will result in hundreds of thousands more tragic deaths, which could and should be prevented,” said Dr. Barry Castleman, former consultant on asbestos to the World Bank. “This is a crime against humanity and the whole world should be scandalized.”

Fernanda Giannasi, said the handful of asbestos countries achieved a small delay, but by doing so they further isolated themselves from the world community and incensed the majority of parties to the Convention who insist on obtaining their right to know as soon as possible. Civil society and victims organisations are determined to continue their struggle to protect all people from deadly hazards of chrysotile asbestos.

Read more about "Ban Asbestos" and workers' compensation:

Russian Money Interests Are Milking the Asbestos Cash Cow

Feb 04, 2013

The International Ban Asbestos Secretariat today reports about the corrupt connection between the Russian asbestos industrry and the IARC (the International Agency for Research on Cancer). To advance the mining and ...

http://workers-compensation.blogspot.com/

AAJ Responds To WSJ Report About Rising Asbestos Claims

Mar 11, 2013

Instead of trying to defeat the claims, the asbestos industry, which gained enormous profit from trading in a deadly product, would best serve public health by supporting a total ban on asbestos manufacturing/importation and ...

http://workers-compensation.blogspot.com/

Asbestos Ban In Canada Gets Boast - Parti Quebecois Wins Election!

Sep 04, 2012

The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .

http://workers-compensation.blogspot.com/

Workers' Compensation: Asbestos: Not Banned in US But Use ...

Jan 29, 2010

The use of asbestos, a known carcinogen, is not yet banned in the US, but the use of it continues to decline. Asbestos has not been mine in the US since 2002 and therefore the country is dependent upon imports for asbestos ...

http://workers-compensation.blogspot.com/

NJ Court Approves Medicare Set-Aside Agreement Lacking CMS Review

2013-05-18T06:10:00.000-04:00

A NJ Superior Court deemed a proposed Medicare Set-Aside Agreement to be satisfactory to protect Medicare's interests and granted a Motion to Enforce a Pending Settlement. This action by the Court was taken after CMS (Centers for Medicare & Medicaid Services) declined to rule on the adequacy of the Set Aside Agreement because of limited Federal resources.

"The court has thoroughly reviewed the sworn testimony of plaintiffs' expert regarding the proposed set-aside amounts for future medical expenses relating to the
underlying accidents/incidents, which would otherwise be covered or reimbursable
by Medicare. The court finds that the proposed set-aside amount in each case
fairly takes Medicare's interests into account in that the figures are both reasonable and reliable. Therefore, the court is satisfied that Medicare's interests
have been adequately protected pursuant to the MSP. Plaintiffs shall set aside the
proposed sums in self-administered interest-bearing accounts to be used solely for
the purpose of satisfying future medical expenses related to the underlying accidents/incidents."

DUHAMELL, Plaintiff v. RENAL CARE GROUP EAST, INC., RCG Southern New Jersey, LLC, Philadelphia Suburban Development Corporation, Defendants. Catherine A. Ney, Plaintiff, et al,, --- A.3d ----, 2013 WL 2102701 (N.J.Super.A.D.) Decided Dec. 7, 2012. May 16, 2013.

Read more about "CMS" and workers' compensation.

CMS Publishes Brand New Reference Guide for Medicare Set-Aside ...

Mar 29, 2013

A new Workers' Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide has been posted and is available to be downloaded on the CMS (Centers for Medicare & Medicad Services) website.

http://workers-compensation.blogspot.com/

The Workers' Compensation Medicare Set-aside Portal (WCMSAP)

Dec 08, 2011

The Workers' Compensation Medicare Set-aside Portal (WCMSAP) application has gone "live" and is now available for users. Prior to attempting to register, you should read the New Registration section of the User guide.

http://workers-compensation.blogspot.com/

Workers' Compensation Medicare Set-Aside Portal (WCMSAP)

Jul 08, 2011

The Centers for Medicare & Medicaid Services (CMS) is currently Pilot Testing the Workers' Compensation Medicare Set-aside Portal (WCMSAP), a web-based application. This new initiative will allow submitters of Workers' ...

http://workers-compensation.blogspot.com/

Workers' Compensation Medicare Set-Aside Web Portal (WCMSAP)

Aug 08, 2011

Event Description: This Webinar will review the Workers' Compensation Medicare Set-Aside Portal (WCMSAP), a new web-based application that allows for the electronic submission and tracking of WCMSA proposals ...

http://workers-compensation.blogspot.com/

Related articles

Jenny Yang Sworn In as EEOC Commissioner Bipartisan Federal Agency Now at Full Strength

2013-05-18T06:00:00.000-04:00

Jenny R. Yang was sworn in today as Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC). Yang was nominated by President Obama on Aug. 2, 2012, and was unanimously conﬁrmed by the Senate on April 25, 2013, to serve a term expiring July 1, 2017.

With her arrival, the EEOC returns to its full complement of ﬁve commissioners. Yang joins

Chair Jacqueline Berrien and Commissioners Constance Barker, Chai Feldblum and Victoria Lipnic to complete the ﬁve-member presidentially appointed bipartisan Commission, ﬁlling the position vacated by Stuart Ishimaru.

"I am delighted to welcome Jenny Yang to the Equal Employment Opportunity Commission," said EEOC Chair Jacqueline Berrien. "Her expertise in employment discrimination law and experience as a litigator will be great assets to the agency, and I look forward to working with her and my other colleagues on the Commission to promote equal opportunity in the workplace."

Yang was a partner of Cohen, Milstein, Sellers & Toll PLLC. She joined the ﬁrm in 2003, and she has represented thousands of employees across the country in numerous complex civil rights and employment actions. As chair of the ﬁrm's hiring and diversity committee, Yang has experience with the issues employers confront in making hiring and other personnel decisions.

Prior to joining Cohen Milstein, Yang served as a senior trial attorney with the U.S. Department of Justice, Civil Rights Division, Employment Litigation Section, where she enforced federal laws prohibiting discrimination in employment by state and local government employers from 1998 to 2003. Before that, she worked at the National Employment Law Project to enforce the workplace rights of garment workers. Yang clerked for the Honorable Edmund Ludwig on the U.S. District Court for the Eastern District of Pennsylvania.

"It is an incredible honor to serve as a Commissioner of the EEOC," said Commissioner Yang. "It is a privilege to work with so many talented and dedicated colleagues to ensure equal opportunity for all."

Yang previously served for over ﬁve years as vice chair and board member of the Asian Paciﬁc American Legal Resource Center, a nonproﬁt organization that provides legal assistance to low-income Asian Paciﬁc Americans and small business owners in Washington, D.C., Maryland and Virginia.

Yang received her B.A. from Cornell University in government. She received her J.D. from New York University School of Law, where she was a note and comment editor of the law review and a Root-Tilden public interest scholar. Yang and her husband, Kil Huh, director of the States' Fiscal Health Project at the Pew Charitable Trusts, have two sons. She is the daughter The Honorable Sue Yang, Retired NJ Judge of Compensation.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov

Read more about the "EEOC" and workers' compensation

Sears Roebuck Pays $6.2 Million for Inflexible Workers

Oct 02, 2009

EEOC Chicago District Director John Rowe, who supervised the agency's administrative investigation preceding the lawsuit, said that the case arose from a charge of discrimination filed with the EEOC by a former Sears ...

http://workers-compensation.blogspot.com/

Should Genetic Medical Information Be Given to Workers

Aug 16, 2012

The EEOC (Equal Employment Opportunity Commission) has made regulations, effective January 10, 2011, to enforce this federal statute and allows an action for damages, including punitive damages, reinstatement and ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Lawsuit Filed for Genetic Discrimination

May 12, 2010

GINA prohibits an employer from using genetic information to make an employment decision. It is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). The use of genetic information and the correlation ...

http://workers-compensation.blogspot.com/

Workers' Compensation: October Is National Disability Awareness ...

Oct 05, 2012

The EEOC's suit alleged that Sears maintained an inflexible workers' compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, .

http://workers-compensation.blogspot.com/

Obamacare Will Be Collecting Workers' Compensation Medical Records

2013-05-17T08:12:00.001-04:00

The implementation of Affordable Care Act data collection regulations will include the collection of medical information concerning work related accidents and injuries. The coalition of this information will broadly advance the concept of universal medical care and impose yet another route for the Centers for Medicare and Medicare to strengthen enforcement under the Medicare Secondary Payer Act.

The largest and most expansive database of personalized medical information is being established under the umbrella of an newly created unit under the authority granted to the Internal Revenue Service, The Federal Data Services Hub. Personal medical records, including electronic medical records, will be incorporated into the program.

"On March 23, 2010, the President signed into law the Patient Protection and Affordable Care Act
(P.L. 111-148). On March 30, 2010, the Health Care and Education Reconciliation Act of 2010
(P.L. 111-152) was signed into law. The two laws are collectively referred to as the Affordable
Care Act. The Affordable Care Act creates new competitive private health insurance markets –
called Exchanges – that will give millions of Americans and small businesses access to
affordable coverage and the same insurance choices members of Congress will have. Exchanges
will help individuals and small employers shop for, select, and enroll in high quality, affordable
private health plans that fit their needs at competitive prices. The IT systems will support a
simple and seamless identification of people who qualify for coverage through the Exchange, tax
credits, cost-sharing reductions, Medicaid, and CHIP programs. By providing a place for onestop shopping, Exchanges will make purchasing health insurance easier and more understandable
and will put greater control and more choice in the hands of individuals and small businesses."

Read more about "Federalization" and workers' compensation:

Path to Federalization: A National Workers Compensation System

Jul 05, 2012

United States Supreme Court has taken a giant leap forward to facilitate the Federalization of the entire nation's workers' compensation system. By it's recent decision, upholding the mandate for insurance care under the ...

http://workers-compensation.blogspot.com/

The World Trade Center Health Program Expands The Path to

Dec 23, 2010

The World Trade Center Health Program Expands The Path to Federalization. Yesterday the US Congress passed and sent to the President, The World Trade Center Health Program, marking yet another advance on the path ...

http://workers-compensation.blogspot.com/

Designing the New Federal Workers Compensation Program

Jul 05, 2010

The trend toward Federalization of workers' compensation benefits took a giant step forward by recent Presidential action creating the British Petroleum Oil Compensation Fund. While the details remain vague, the broad and ...

http://workers-compensation.blogspot.com/

National Experts Call Workers Compensation System Irrational and

Jun 14, 2012

http://workers-compensation.blogspot.com/

NCCI: Obamacare Creates Uncertainty for the Workers' Compensation Insurance Line in 2014

2013-05-16T22:01:00.000-04:00

NCCI now predicts uncertainty for workers' compensation insurance in 2014 based upon the implementation of Obamacare.

".....the impact of the implementation of the Patient Protection and Affordable Care Act in 2014 looms as a huge uncertainty for the line [workers' compensation insurance]."

Read the complete NCCI 2013 Annual Report.

Read more about "Obamacare" and workers' compensation

Compensation is Riding on the Road to Wellville with Obama Care

Mar 15, 2013

As Obama Care [The Affordable Care Act] launches, workers' compensation programs will start to undergo subtle changes The innovation of wellness programs and new treatment protocols will eventually cause major shifts to ...

http://workers-compensation.blogspot.com/

It's Not "If", It's "When" - California - Workers' Compensation

Feb 01, 2013

"But the passage of the Affordable Care Act, the signing of HB 1 back in February 2009, and other Federal health related laws and regulations including ERISA, have accelerated the fusion of workers' compensation medicine ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Health Reform Coverage for Asbestos ...

Jun 15, 2011

Montana's senior U.S. Senator Max Baucus today announced additional asbestos-related health services to be included under the health care coverage he secured for Lincoln County asbestos victims in the Affordable Care ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Employee Wellness Programs And ...

Mar 25, 2013

The Affordable Care Act (ACT), Obama Care, has been a cutting edge issue, and has received serious attention at the recent American Bar Association meeting in Coral Gables FL last month. Tom Domer provides additional ...

http://workers-compensation.blogspot.com/

The Scarlet Letter - Workers' Compensation Style

2013-05-16T17:27:00.000-04:00

Privacy, that was thought to be a paramount concern for individuals in workers' compensation, is now going away in Missouri. The Missouri legislature passed legislation that will allow employers to review the pending claim status of prospective employees to determine whether they have filed any workers' compensation claims. Injured workers in Missouri will now be stigmatized as a result of filing a workers' compensation claim.

"The division shall develop and maintain a workers' compensation claims database, accessible to potential employers through the division's website, containing all claims filed for compensation under this chapter. Claims records shall be retrievable only by an employer who during a pre-hire period provides a potential employee's name and social security number and shall, upon retrieval, identify the date of any claim made by such potential employee and whether the claim is open or closed."

To view the enacted bill SB34 go to www.moga.mo.gov

Do I Need To File A Tax Return On My Workers Compensation?

2013-05-16T09:01:00.001-04:00

Today's post comes from guest author Paul J. McAndrew, Jr. from Paul McAndrew Law Firm.

If you received workers’ compensation benefits, you may be wondering if you will need to report this money to the IRS and pay taxes on it. Under the Iowa Workers’ Compensation Act, money that you receive as workers’ compensation benefits is not taxable, with a few exceptions. You will have to pay taxes on your work comp benefits if:

if the benefits are retirement plan benefits (this is true even if you retired due to disability)
if part of your workers’ compensation benefit money lowers the amount you receive from your Social Security or Railroad Retirement Benefits. In that case, that the part of your workers compensation benefits is considered part of your Social Security (or RRB) and may be taxable.

If you return to work, your salary will be taxable again, as is it was before you received workers’ compensation benefits.

Read more about "taxes" and workers' compensation:

Social Security Announces 1.7 Percent Benefit Increase for 2013

Dec 23, 2012

Based on that increase, the maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $113,700 from $110,100. Of the estimated 163 million workers who will pay Social Security taxes ...

http://workers-compensation.blogspot.com/

Path to Federalization: A National Workers Compensation System

Jul 05, 2012

In a 5 to 4 ruling, Chief Justice Roberts validated the individual mandate as a permissible exercise of congressional power under the Taxing Clause of the US Constitution. Under 26 U.S.C. Section 5000A. The law requires ...

http://workers-compensation.blogspot.com/

AIG settles workers compensation insurance complaint with all 50

Jun 05, 2012

As part of the settlement agreement, AIG agreed to pay a national penalty of $100 million, and $46.5 million in additional premium taxes and assessments. The Office of Insurance Regulation (Office) will receive $5.6 million in ...

http://workers-compensation.blogspot.com/

State Law Does Not Preempt State Medical Authorization Criteria

2013-05-16T06:02:00.000-04:00

The 5th Circuit Court of Appeals has ruled that The Texas Workers' Compensation Act does not preempt the Medicare Secondary Payer (MSP) 42 U.S.C.§ 1395y(b), as to the state statute's mandated requirement to obtain preauthorization for medical care.

The Court ruled that. "...Congress explicitly prohibited workers' compensation and other insurers from subordinating their payment obligations to those of Medicare." "....Congress intended the MSP to complement, not supplant, state workers' compensation rules."

Caldera v. Insurance Co, of the State of PA, ____ F.3rd ___, 2013 WL 1975660 C.A.5 (Tex), 2013. Decided May 14, 2013.

Read more about "MSP" and workers' compensation:

Beneficiary Not Permitted Injunctive Relief From EIRSA Plan

Jan 19, 2013

The court declared the MSP action alleged in the complaint moot as it granted the motion to dismiss on the injunctive relief issue. The plaintiff/beneficiary sought to allege a private cause of action for double damages against ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Obama signs MSP Medicare bill

Jan 11, 2013

Obama signs MSP Medicare bill. "The legislation changes the way Medicare collects money from people whose negligence caused a patient to incur medical bills. Murphy said the new law will streamline an outdated process, ...

http://workers-compensation.blogspot.com/

Workers' Compensation: US Supreme Court Denies CMS-MSP ...

Oct 01, 2012

US Supreme Court Denies CMS-MSP Case - Hadden. 2012 WL 1106757. Supreme Court of the United States. HADDEN, VERNON V. UNITED STATES. No. 11-1197.Oct. 1, 2012. Opinion. The petition for writ of certiorari is ...

http://workers-compensation.blogspot.com/

Federal Court Enjoins CMS From MSP Recovery Procedures

May 18, 2011

"IT IS FURTHER ORDERED that the Defendant's demand that attorneys withhold liability proceeds from clients pending payment of amounts claimed by the Defendant as MSP reimbursement exceeds her authority under the ...

http://workers-compensation.blogspot.com/

The Government Must Lead The Way in Workplace Health and Safety

2013-05-15T18:29:00.004-04:00

The government must maintain a strong and credible roll in establishing and maintaining workplace health and safety. The tendency to yield to political and economic interests should avoided.

One area where the government is lacking is the establishment on a complete ban of the

use of asbestos containing products. It is far late in the game, but lives will be saved if in fact asbestos was banned. Additionally, government agencies should be insulated from political from those interests that would sway them into the opposite area.

"Government has a responsibility to implement effective public health measures that increase the information available to the public and decision makers, protect people from harm, promote health, and create environments that support healthy behaviors. The health, financial, and productivity gains from public health actions benefit individuals and society as a whole."

Click here to read, "Government's Role in Protecting Health and Safety, "Thomas R. Frieden, M.D., M.P.H. N Engl J Med 2013; 368:1857-1859May 16, 2013DOI: 10.1056/NEJMp1303819

Buying a Cheap Shirt at Wal-Mart? Consider the real cost (in lives).

2013-05-13T09:01:00.001-04:00

Wal-Mart's low prices have led to unsafe working conditions.

Today's post comes from guest author Tom Domer from The Domer Law Firm.

The recent Bangladesh factory fire killed over 100 workers. The factor produced goods for Wal-Mart. Wal-Mart now concedes it “needs to do more to control its supply chain.”

Wal-Mart’s Vice President of “Ethical Sourcing” (irony noted here) said the company control could “only go so far” in preventing an unauthorized factory producing its goods. Wal-Mart said its Faded Glory clothing should not have been produced in the factory, which Bangladesh officials said was not safe.

Wal-Mart’s “factory certification” program focused on Bangladesh and China was allegedly “dedicated to improving the status of foreign labor.” Tell that to the families of the workers who died.

At a meeting last year where Wal-Mart’s Vice President of Ethical Sourcing was in attendance, the Bangladeshi Garment Workers Union proposed that producers such as Wal-Mart help ensure prices are high enough to provide for safety measures for their workers.

Wal-Mart’s Vice President indicated Wal-Mart could not support such a program because of the high cost. Consider that next time you buy a cheap shirt at Wal-Mart.

Read more about "safety" and workers' compensation.

Workers' Compensation: Employer Fraud: Safety Manager Conceals ...

Apr 20, 2013

The trial revealed that Cardin, as safety manager for the Shaw Group (formerly Stone & Webster Construction) at TVA's Brown's Ferry Nuclear site in Athens, Ala., provided false and misleading information about injuries at that ...

http://workers-compensation.blogspot.com/

Workers' Compensation: NASA: Safety Is Prime for Today's Launch ...

Apr 20, 2013

NASA is preparing for the launch of Orbital's Antares™ A-ONE Test Flight Mission scheduled for today at 5pm. I was a guest of NASA this week and toured the facility including the launch pad. Safety is prime for NASA and its ...

http://workers-compensation.blogspot.com/

Laundry in Paterson NJ Fined $165000 by OSHA for Safety and

Mar 20, 2013

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Brite Services Inc., doing business as Star Laundry, for 39 serious safety and health violations found at its commercial laundry facility in ...

http://workers-compensation.blogspot.com/

OSHA Cites NJ Recycling Company for Safety Violations Following

Mar 19, 2013

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Lieze Associates, doing business as Eagle Recycling of New Jersey, with one repeat and three serious safety violations after a worker's ...

http://workers-compensation.blogspot.com/

The Attack on the Citadel: A Potential National Loss

2013-05-13T06:00:00.000-04:00

Workers’ Compensation is conceptually changing, and its extinction is becoming more apparent rather than its transformation. Over the past decades, the “grand bargain” of Workers’ Compensation had evolved to ease the American industrial/manufacturing revolution forward, without burden from the economic complexities and ramifications of the Civil Justice System.

“The Promise” made in 1911, with the adoption of the compensation system, is now past history. The demands of the globalized marketplace have eroded the fortress of workers’ compensation that protected the rights, safety and lives of American workers.

Dynamic developments, occurring at an ever increasing pace, have altered the landscape and accelerated a devastating attack on the citadel of workers’ compensation. The root of the cause is economic.

Repeated over and over, in jurisdiction after jurisdiction, is a common theme, reform/elimination of the workers’ compensation system to merely increase an economic advantage over other businesses, other states and other nations. The “system” has become the scapegoat.

Blessed by Madison Avenue marketing concepts, legislators and public are sold on simple catch phrases that grab the mind set of voting constituencies. Common marketing elements of “fraud” and “complexity” pervade the advertising campaigns. The workers’ compensation system is being dismantled piece by piece, until it effectively needs replacement.

Skipping ahead from the past decades of statutory and regulatory changes, the assault has now moved to the final step of elimination, which is embodied in the Oklahoma Opt-Out legislation enacted last week. The law replaces the traditional workers’ compensation system with mandated ERISA benefits and arbitration, and providing for a promised economic incentive of a projected 50% cost savings.

In 1960 a dynamic change in law was the focus of an article by Dean William Prosser of Emory University, who wrote, "The Assault Upon the Citadel," 69 Yale L.J. 1099 (1960)], describing that the citadel of privity was attacked as a barrier to products liability cases. Ultimately what followed was, Prosser, "The Fall of the Citadel," 50 Minn. L. Rev. 791 (1966). See also, Henningsen v. Bloomfield Motors, Inc., 32 NJ 358 (1961).

That change in the law provided great benefits in establishing safer products and improving the lives and health of the nation. Furthermore, it elevated the quality of American products worldwide.

The ongoing attack on the citadel of workers’ compensation leaves the American worker without traditional protections upon which this democracy was so successfully built. Left out of the proposed equation are the injured American worker and his or her family. To maintain the critical balance of the needs of Industry, Labor and the national interest, a more creative approach is necessary, and hopefully will be advanced.

OSHA's Intent Is Not To Preempt State Tort Law Claims by the HazCom Standard

2013-05-10T10:57:00.001-04:00

My thanks to attorney, Steven H. Wodka of Little Silver, NJ, for sending this information:

"Those of you who handle toxic torts may have seen defense motions to dismiss your

clients’ failure to warn claims based on the argument that such claims are preempted by OSHA’s hazard communication standard. Their argument is based on an unpublished NJ Appellate Division decision, Bass v. Air Products & Chemicals Inc., et al., Docket No. A-4542-03T3, decided May 25, 2006.

"We now have a comprehensive, well-reasoned brief from the U.S. Department of Labor, filed yesterday in the DC Circuit Court of Appeals, which sets the record straight on OSHA’s “intentions” with the preemption clause in the hazard communication standard. This brief conclusively demonstrates that our [NJ] Appellate Division erred in Bass.

See American Tort Reform Association, et al., v. Occupational Safety & Health Administration and U.S. Department of Labor, USCA DC Case No. 12-1229, Document #1435443 Filed 05/09/2013.

Forecasters Predict Increased Hurricane Activity Raising Concern for Worker Saftey

2013-05-10T06:00:00.000-04:00

On the heels of last year's Superstorm, Hurricane Sandy, some of the nation's top storm forecasters are now predicting yet another year of above average storms. The dire prediction raises concerns over the prospects on ensuring worker safety, and whether the workers' compensation system is capable of delivering benefits in an efficient and effective manner during recurrent natural disasters.

"We anticipate that the 2013 Atlantic basin hurricane season will have enhanced

activity compared with the 1981-2010 climatology. The tropical Atlantic has anomalously warmed over the past several months, and it appears that the chances of an El Niño event this summer and fall are unlikely. We anticipate an above-average probability for major hurricanes making landfall along the United States coastline and in the Caribbean. Coastal residents are reminded that it only takes one hurricane making landfall to make it an active season for them, and they need to prepare the same for every season, regardless of how much or how little activity is predicted."

Read the complete report: "EXTENDED RANGE FORECAST OF ATLANTIC SEASONAL HURRICANE ACTIVITY AND LANDFALL STRIKE PROBABILITY FOR 2013"

Read more about "hurricanes" and workers compensation issues:

Deadly Asbestos Exposure Threat Left by Hurricane Sandy

Nov 04, 2012

The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...

http://workers-compensation.blogspot.com/

NJ Provides Workers' Compensation For Hurricane Recovery

Nov 12, 2012

As Hurricane Sandy recovery workers descend on NJ by land, sea and airlift, by the thousands, energized and fueled by caffeine, to work long and tiring hours, to do treacherous and hazardous tasks, they need to understand ...

http://workers-compensation.blogspot.com/

Protective Equipment Needed for Hurricane Sandy Clean-Up

Nov 20, 2012

As the massive clean-up and recovery efforts following Hurricane Sandy continue on the East Coast, the American Society of Safety Engineers (ASSE) is assisting the U.S. Occupational Safety and Health Administration ...

http://workers-compensation.blogspot.com/

OSHA urges hurricane recovery workers to protect themselves

Nov 05, 2012

The U.S. Department of Labor's Occupational Safety and Health Administration is urging workers and members of the public engaged in Hurricane Sandy cleanup and recovery efforts in New York, New Jersey and the New ...

http://workers-compensation.blogspot.com/

Related articles

The SMART Act and Workers’ Compensation

2013-05-09T09:02:00.001-04:00

Today's post comes from guest author Leila A. Early from The Jernigan Law Firm.

            Medicare should not pay medical bills that are the primary responsibility of a third party. When they do, they want to be reimbursed, and all parties understand that concept, but the problem is the lengthy delays and lack of due process. The SMART Act, which was signed into law by President Obama on January 10, 2013, amends and reforms the Medicare Secondary Payer Act to improve the reimbursement process. It is located in Title II of H.R. 1845 and entitled “Strengthening Medicare Secondary Payer Rules.”

            Section 201 requires CMS to maintain a secure web portal with access to claims and reimbursement information. Payments for care made by CMS must be loaded onto the portal within 15 days of the payment being made. The portal must also provide supplier or provider names, diagnosis codes, dates or service, and conditional payment amounts.

Moreover, the portal must accurately identify that a claim or payment is related to a potential settlement, judgment or award. After several steps, the parties may download a final conditional payment amount from the website.

If there is a dispute over the conditional payment amount, CMS must respond/resolve the dispute within 11 days or the proposed resolution by the claimant/applicable plan will be deemed accepted. In terms of appeals, CMS must draft regulations that give applicable insurance plans limited appeal rights to challenge final conditional payment amounts. This process will go into effect around April of 2013.

            Section 202 states that by November 15th of each year (beginning in 2014), CMS is required to calculate and publish a threshold for liability claims. If an amount owed is under that threshold amount, CMS is barred from seeking repayment. Section 205 states the statute of limitations for conditional payment recovery by CMS is three years after the receipt of notice of a settlement, judgment, award, or other payment made.

            The SMART Act applies to workers’ compensation cases, so it is important to understand the law and how it will be applied in the future. Read it and follow its implementation closely.

Read more about the "Smart Act."

It's Not "If", It's "When" - California - Workers' Compensation

Feb 01, 2013

Enactment of The SMART Act, the reality of which is that the regulations will eat up the statute, and also their lunch. I plan to write more on The SMART Act in the coming weeks. Maybe that wasn't so smart after all for the ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Medicare Conditional Repayment ...

Jan 14, 2013

In additional to commenting on the new Strengthening Medicare And Repaying Taxpayers (SMART) Act, Judge Hickey will be discussing how the interaction of the workers' compensation claims process integrates with this ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Legal Avenues Exist for Dealing with ...

Jan 17, 2013

If management is smart they will realize that they need to address the harassment or else they could be subject to legal liability. If management is enlightened, they will realize the cost of employee turnover and ... Even then, employees might have legal protections under three laws: the National Labor Relations Act; the Americans with Disabilities Act; and the Family and Medical Leave Act. 2. The National Labor Relations Act. The NLRA protects workers' rights to act ...

Protecting Healthcare Workers is a Goal of NIOSH

2013-05-09T06:00:00.000-04:00

In the US there are over 14 million healthcare workers and many are not adequately protected from hospital and nursing home infections. Now NIOSH is going on the education offensive to alert healthcare workers on how to use respiratory protection at work.

Over the last few months, I have seen first hand how hospitals struggle to stop the spread of Staph
and Strep infections to little avail.Many healthcare professional don't know how to properly take an efficient culture while swabbing the patient's skin leading to alarming rates of incorrect diagnosis and frantic use of high powdered antibiotics that merely stress that patient more.

"Poor compliance with respiratory protection requirements and proper use recommendations in healthcare settings remains a vexing problem."

Click here to read the complete NIOSH announcement.

Read more about hospital acquired infections:

Workers' Compensation: Hospital-Acquired Infections - The Next ...

Aug 15, 2008

The old saying, “Sick people don't belong in hospitals,” was given new meaning by a recent jury verdict for over $2.5 Million against a heart surgeon and his practice group and a hospital in St. Louis Missouri. The patient was ...

http://workers-compensation.blogspot.com/

3 Ways Infections Become Compensable in Workmens Comp

Jun 09, 2011

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 ...

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Workers' Compensation: CDC Seeks to End Needle Stick Injuries

Jul 01, 2011

Labels: Centers for Disease Control and Prevention, hospital acquired infections, needle stick, workers compensation. Posted by Jon Gelman at Friday, July 01, 2011 · Email ThisBlogThis!Share to TwitterShare to Facebook ...

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New DSM Criteria Manual Challenged by Expert for Lack of Validity

2013-05-08T06:00:00.000-04:00

Setting standards for the assessment of psychiatric criteria in workers' compensation claims has been a major challenge. Subjective criteria has been difficult for the experts, evaluators and courts to yield an objective analysis.

With a new version of the Diagnostic and Statistical Manual of Mental Disorders, or

D.S.M., to be published a new challenge to the assessment tool has been made.

"Just weeks before the long-awaited publication of a new edition of the so-called bible of mental disorders, the federal government’s most prominent psychiatric expert has said the book suffers from a scientific 'lack of validity.'"

Read the complete article "Psychiatry’s Guide Is Out of Touch With Science, Experts Say" NY Times

Read more about "psychiatric" and claims and workers' compensation

Subject of Smear Campaign Recovers for Psychiatric Condition

Jan 20, 2010

Subject of Smear Campaign Recovers for Psychiatric Condition. An employee, who was the object of a smear campaign that included being the subject of circulated pornographic cartoons, was permitted to seek benefits for ...

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Medical Monitoring Available Under the Zadroga 9-11 Health

May 08, 2011

“V codes” (treatments not specifically related to psychiatric disorders, such as marital problems, parenting problems etc.) Musculoskeletal Disorders New onset or aggravation of pre-existing conditions for which careful review ...

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Workers' Compensation: NY Opens 1 Year Window for 9/11 Claims

Sep 25, 2009

Probable PTSD means that individuals scored above a certain threshold when responding to a mental health screening questionnaire but have not undergone the psychiatric interview necessary to confirm the diagnosis.

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Workers' Compensation: Trauma of Job Loss Often Includes Health ...

Feb 25, 2010

... a sociology professor at the State University of New York at Albany, found that a person who lost a job had an 83 percent greater chance of developing a stress-related health problem, like diabetes, arthritis or psychiatric ...

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Oklahoma Opt-Out Workers' Compensation Law Enacted

2013-05-07T06:57:00.000-04:00

Governor Mary Fallin today signed into law Senate Bill 1062, a bill that reforms the workers’ compensation system in Oklahoma by removing it from the judicial system and making it an administrative process. The bill, by Senate President Pro Tem Brian Bingman and House Speaker T.W. Shannon, seeks to reduce costs for businesses by providing for an opt-out of the program.

It moves the state from a court-based workers’ compensation system to an administrative system, allowing for more timely processing of claims and reducing the adversarial nature of the process for both workers and employers.

“For decades, Oklahoma has had one of the most expensive and inefficient workers’ compensation systems in the country, a constant obstacle for business owners looking to expand operations or create more jobs,” Fallin said. “Senate Bill 1062 completely overhauls our flawed workers’ comp system, dramatically reducing the costs to businesses and freeing up private-sector resources that can be invested in jobs rather than lawsuits. Additionally, our reforms ensure injured workers are treated fairly and given the medical care needed to return to work. This is an important pro-growth policy that will help us attract jobs and build a stronger and more prosperous Oklahoma. My thanks go out to Pro Tem Bingman, Speaker Shannon and the entire Legislature forsending this bill to my desk.”

Bingman, R-Sapulpa, said, “Oklahoma’s runaway workers compensation court has been the number one roadblock to job growth for decades, and today, we’re finally putting the brakes on these costs. Replacing our broken workers’ compensation system is historic. The Administrative Workers’ Compensation Act sends a clear signal to job creators that Oklahoma is truly open for business.

This bill is especially needed to help us control the year-to-year fluctuation of costs, and to help us compete for good manufacturing jobs while making sure injured workers are treated fairly. I want to thank the members of the state Senate for their tireless work on this important issue. Also, I want to thank the Governor and Speaker Shannon for working with me to pass a historic pro-growth initiative.”

Shannon, R-Lawton, said, “Oklahoma has finally found a modern solution to an old problem. For too long, workers and businesses have been subjected to an archaic and inefficient workers’ comp system. This monumental shift from an adversarial judicial system to an administrative system will lower costs for businesses and get injured workers the quick relief they need.”

Read more about "opt-out" and workers' compensation

Workers' Compensation: The Religious Opt-Out Scheme: A New ...

Feb 27, 2012

Over a decade ago Bechtel Corporation initiated an opt-out program that took workers' compensation out of the adversarial system entirely. Shortly thereafter, the concept of universal healthcare emerged as a concept to ...

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Workers' Compensation: Trending: Opting-Out of Workers ...

Apr 10, 2012

The opt-out process arose through a legislative process over a decade ago when Massachusetts legislation permitted the option to elect out of the mandatory workers' compensation system. Since then it has grown through ...

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Workers' Compensation: The New Non-Subscriber Opt-Out Plan Is ...

Apr 21, 2012

Given birth by Bechtel in Massachusetts over a decade ago, nurtured by ERISA (Employee Retirement Income Security Act, 29 USCS § 1002) ) and fed by the increasing frustrations of employers and employees throughout ...

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Workers' Compensation 2013 – What Happens on the Other Side

Jan 01, 2013

While a trend continues to emerge to offer “Opt Out” and “Carve Out Programs,” they are not global enough to solve the critical budget deficit issues. The latest emerging trend is for employers to utilize ERISA based medical ...

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Workers' Compensation: The Republican Plan: Just End Medicare

Apr 04, 2011

It is anticipated that Medicare premium costs will continue to increase under the present plan and wealthy Americans will opt-out. This proposal will merely mean a universal opt-out plan leaving the Federal program strapped ...

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Workers' Compensation: The Workers' Compensation Beauty Pageant

Nov 03, 2009

However, horror stories are heard from Massachusetts (#1) concerning "opt-out programs," and in Nevada (#2) from OSHA, concerning the failure to abide by safety regulations. These dismal problems seem to be universal ...

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Private Sector Workers Compensation Costs Down For 7th Year

2013-05-06T15:23:00.000-04:00

Professor Emeritus John F. Burton Jr., reports in his latest research report that private sector costs for workers' compensation costs are down for the 7th year straight. This gives rise to the next question as to whether workers' are just being denied workers' compensation benefits and the system has eroded.

"Issue 6 of the Workers’ Compensation Resources Research Report (WCRRR) examines

Professor Emeritis
John F. Burton Jr.

the employers’ costs of workers’ compensation. Part I relies on data from the Bureau of Labor Statistics (BLS) to examined national trends from 1986 to 2012. For private-sector employers, costs dropped for the seventh year in a row and represented 1.80 percent of payroll in 2012, the lowest figure since 1986. For all non-federal employers, costs of workers’ compensation dropped to 1.79 percent of payroll in 2012, the lowest figure since the data series began in 1991.

"Part II examines BLS data on the differences in the employers’ costs of workers’ compensation due to factors such as geographical location, industry, union status, and occupations of the firm’s employees. The variations of workers’ compensation costs among industries were significant in 2012, ranging from 4.47 percent of payroll in construction to 0.63 percent of payroll in the financial industry.

"Part III provides state-level data on the employers’ costs of workers’ compensation from two sources: employer costs as a percent of payroll as reported by the National Academy of Social Insurance (NASI) and premium rates as a percent of payroll as measured by the Oregon Department of Consumer and Business Services (Oregon). For some states, the NASI and Oregon data are similar: for example, both measures indicate that California costs were 131 percent of the national median of costs in 2010. But there were 25 states where the two measures of employers’ costs of workers’ compensation differed by 20 percent or more. This is one reason, among others presented in Part III, why interstate comparisons of the employers’ costs of workers’ compensation must be done cautiously or even avoided.

For more information and to order a copy click here to visit his website.

Read more about "Professor Burton" and workers' compensation law.

Latest Workers Compensation Data Reviewed by Professor John

May 23, 2011

Latest Workers Compensation Data Reviewed by Professor John Burton. The Workers' Compensation Resources Research Report (Issue) has just been published. The report is edited by Professor Emeritus John F. Burton, ...

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Congress Told Workers Compensation is a Deteriorating System

Nov 22, 2010

Profession Emeritis John F. Burton, Jr., last Wednesday testified before The Subcommittee on Workforce Protections of the Congressional Committee on Education and Labor. Professor Burton told Congress that during the ...

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Workers' Compensation: Opposition Continues to Swell Against ...

May 01, 2008

Joining the growing chorus of opposition are John Burton, a leading expert in workers' compensation, and the Attorney General of Tennessee who issued an opinion against adoption of the 6th Edition. Workers' compensation ...

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Slow Recovery Affects Workers' Compensation Benefits and Costs

Dec 17, 2012

"Employers' costs as a percent of payroll declined in 43 jurisdictions," said John F. Burton, Jr., chair of the study panel that oversees the report. "This decline is probably due to the slow pace of the recovery, with many ...

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Sequester Whacks Injured Workers

2013-05-06T09:01:00.001-04:00

Today's post comes from guest author Jay Causey from Causey Law Firm.

Injured workers with claims under the Longshore & Harbor Workers Act and the Defense Base Act, who are awaiting hearings by federal administrative law judges (ALJs), have now had their cases seriously impacted by the Sequester. The Office of Administrative Law Judges (OALJ), with District Offices in seven cities including San Francisco, schedules hearings not only in those cities but in other venues in the District. The San Francisco office schedules hearings in San Diego, Seattle, Portland, Denver and elsewhere, and so-called Calendar Calls are scheduled in those cities by traveling ALJs.

The Sequester has caused the San Francisco office...to cancel all travel by ALJs until at least October, when a new fiscal year for OALJ may refresh its travel budget.

The Sequester has caused the San Francisco office, which covers a larger geographical territory than any other, to cancel all travel by ALJs until at least October, when a new fiscal year for OALJ may refresh its travel budget. No further Calendars in outlying cities will be scheduled until at least October. In the meantime, the parties may agree to bring their witnesses to San Francisco for hearings (or agree to a telephonic hearing – rarely a good alternative), but both sides must to agree to the alternative process. The cost of bringing the claimant and expert witnesses to San Francisco, even if jointly agreed to, makes that a mostly unrealistic option.

The cancellation of travel for ALJs makes the system even more unfair to claimants.

The likelihood is that, in claims where the insurance carrier is denying benefits, many carriers will simply choose to wait out the claimants for the many additional months delay the Sequester budget issue gives them. An terribly-burdensome delay already exists in this system, as ALJ decisions on cases typically take one to two years to issue after the trial. The cancellation of travel for ALJs makes the system even more unfair to claimants. Because of the long delay in getting to a hearing and then to a decision, a large number of cases in which hearings are requested ultimately end up settling in an alternative dispute resolution process called “mediation,” as both sides wish to arrive at settlement without the work and expense of getting ready for trial and then a long wait for a decision. A scheduled hearing is what mostly drives the parties to mediate these cases. But with six months of cancelled Calendars in non-District Office cities, claimants attorneys worry that insurance carriers will feel under far less pressure to bring these cases to the mediation table.

Photo credit: jaymallinphotos / Foter.com / CC BY-NC

Stay Sun Alert - Subscribe to UV Alert

2013-05-06T09:00:00.000-04:00

Many workers suffer from compensable diseases caused by sun exposure. As the world's ozone layer continues to be deleted, More and more workers wo who have exposed to the sun on their jobs are suffering from sun induced illness. Prevent this contrition by staying alert as to the amount of Ultra-Violet Radiation (UV) and subscribe to UV Alert.

Every day the National Weather Service calculates the predicted UV Index for the next day in each area of the U.S. This UV Index forecast is published in mid-afternoon (Eastern time zone) at the EPA website. The ozone layer shields the Earth from harmful ultraviolet (UV) radiation.

If the level of solar UV radiation is predicted to be unusually high, and consequently the risk of overexposure is greater than normal, the forecast includes UV Alerts.

Ozone depletion, as well as seasonal and weather variations, cause different amounts of UV radiation to reach the Earth at any given time. The UV Index, developed by the National Weather Service and EPA, indicates the strength of solar UV radiation on a scale from 1 (low) to 11+ (extremely high).

Health Effects of Overexposure to the Sun

Fact Sheet

Download the Health Effects of Overexposure to the Sun (PDF) (2pp, 79KB, About PDF).

Ozone layer depletion decreases our atmosphere’s natural protection from the sun’s harmful ultraviolet (UV) rays. This Web page provides a quick overview of the major health problems linked to overexposure to UV radiation. Understanding these risks and taking a few sensible precautions will help you enjoy the sun while lowering your chances of sun-related health problems.

Did You Know?

Skin cancer is the most common form of cancer in the United States.

Ultraviolet (UV) radiation from the sun and from tanning beds is classified as a human carcinogen by the U.S. Department of Health and Human Services and the World Health Organization.

Skin cancer (melanoma and nonmelanoma)

Premature aging of the skin and other skin problems

Cataracts and other eye damage

Immune system suppression

Skin Cancer

Each year, more new cases of skin cancer are diagnosed in the U.S. than new cases of breast, prostate, lung, and colon cancer combined. One in five Americans will develop skin cancer in their lifetime. One American dies from skin cancer every hour. Unprotected exposure to UV radiation is the most preventable risk factor for skin cancer.

Melanoma

Melanoma, the most serious form of skin cancer, is now one of the most common cancers among adolescents and young adults ages 15-29. While melanoma accounts for about three percent of skin cancer cases, it causes more than 75 percent of skin cancer deaths. UV exposure and sunburns, particularly during childhood, are risk factors for the disease. Not all melanomas are exclusively sun-related—other possible influences include genetic factors and immune system deficiencies.

Nonmelanoma Skin Cancers

Non-melanoma skin cancers are less deadly than melanomas. Nevertheless, they can spread if left untreated, causing disfigurement and more serious health problems. There are two primary types of non-melanoma skin cancers: basal cell and squamous cell carcinomas. If caught and treated early, these two cancers are rarely fatal. Between 40 and 50 percent of Americans who live to age 65 will have one of these types of skin cancer at least once.

Basal cell carcinomasare the most common type of skin cancer tumors. They usually appear as small, fleshy bumps or nodules on the head and neck, but can occur on other skin areas. Basal cell carcinoma grows slowly, and it rarely spreads to other parts of the body. It can, however, penetrate to the bone and cause considerable damage.

Squamous cell carcinomas are tumors that may appear as nodules or as red, scaly patches. This cancer can develop into large masses, and unlike basal cell carcinoma, it can spread to other parts of the body.

Other Skin Damage

Other UV-related skin disorders include actinic keratoses and premature aging of the skin. Actinic keratoses are skin growths that occur on body areas exposed to the sun. The face, hands, forearms, and the “V” of the neck are especially susceptible to this type of lesion. Although premalignant, actinic keratoses are a risk factor for squamous cell carcinoma. Look for raised, reddish, rough-textured growths and seek prompt medical attention if you discover them.

Chronic exposure to the sun also causes premature aging, which over time can make the skin become thick, wrinkled, and leathery. Since it occurs gradually, often manifesting itself many years after the majority of a person’s sun exposure, premature aging is often regarded as an unavoidable, normal part of growing older. However, up to 90 percent of the visible skin changes commonly attributed to aging are caused by the sun. With proper protection from UV radiation, most premature aging of the skin can be avoided.

Cataracts and Other Eye Damage

Cataracts are a form of eye damage in which a loss of transparency in the lens of the eye clouds vision. If left untreated, cataracts can lead to blindness. Research has shown that UV radiation increases the likelihood of certain cataracts. Although curable with modern eye surgery, cataracts diminish the eyesight of millions of Americans and cost billions of dollars in medical care each year.

Other kinds of eye damage include pterygium (tissue growth that can block vision), skin cancer around the eyes, and degeneration of the macula (the part of the retina where visual perception is most acute). All of these problems can be lessened with proper eye protection. Look for sunglasses, glasses or contact lenses if you wear them, that offer 99 to 100 percent UV protection.

Immune Suppression

Scientists have found that overexposure to UV radiation may suppress proper functioning of the body’s immune system and the skin’s natural defenses. For example, the skin normally mounts a defense against foreign invaders such as cancers and infections. But overexposure to UV radiation can weaken the immune system, reducing the skin’s ability to protect against these invaders.

Read more about "skin Cancer" and workers' compensation

Workers' Compensation: 9/11 Fund Starts Making Payment to Victims

Jan 31, 2013

Additionally certain types of cancer (including mesothelioma, lung cancer, breast cancer, colon cancer, trachea cancer, esophageal cancer, kidney cancer, bladder cancer, skin cancer, thyroid cancer, blood cancer and a bone ...

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Workers' Compensation: Sun Exposure, Prevention and Workers ...

Jun 21, 2011

The first day of summer brings attention to working outside, sun exposure and the risk of skin cancer. Workers Compensation coverage offers a unique opportunity to provide affirmative action to prevent, detect and treat high ...

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Workers' Compensation: Casino Employee in NJ Wins Cancer Suit ...

Feb 20, 2008

These cancers will cause 278,700 of the estimated 910,000 new cancer cases in the United States during 1985 (ACS 1985), or 30.6 percent of the cancers occurring in the United States other than skin cancer. Exposures to ...

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Breast Cancer and the Environment: A Life Course Approach

Dec 05, 2012

Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related illness. The legislation also creates a presumption that 3 other cancers (skin, prostate .

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Protecting Healthcare Workers

2013-05-06T06:00:00.000-04:00

Kerri A. Thom, MD, MS, Assistant Professor of Medicine at the University of Maryland School of Medicine, puts a spotlight on the healthcare environment and its role in spreading bacteria that cause healthcare-associated infections. She discusses this topic in context of the Society for Healthcare Epidemiology of America(SHEA) spring meeting, where professionals in healthcare epidemiology and infection prevention are focusing on evidence-based research and policies to further identify the impact of the healthcare environment on healthcare-associated infections.

"At the meeting, several sessions examine motivation and behavior change techniques that

can optimize the efficacy of a good old-fashioned cleaning and disinfection. While hospital cleaning staff often focus on the disinfection of patient rooms’ bathrooms, other near-patient surfaces and equipment can be overlooked. SHEA believes educating staff on the role of the healthcare environment and optimizing worker performance can be one of the most effective measures to adequately disinfect patient rooms.

Click here to read more about the CDC initiative to protect healthcare workers.

Read more about "healthcare" and workers' compensation

Workers' Compensation: 8 Hazardous Jobs In The Healthcare Industry

Nov 20, 2012

The National Institute For Occupational Safety And Health (NIOSH) has revised and republished informational material concerning the health hazards to healthcare workers were exposed to hazardous drugs. The publication ...

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NIOSH Alerts Home Healthcare Workers About Latex Allergies

Feb 15, 2012

NIOSH (The National Institute for Occupational Health and Safety) has published a booklet to educate Home Healthcare Workers about preventing latex allergies. Latex products are made from natural rubber, and sensitivity ...

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NIOSH Acts To Prevent Lifting Injuries For Home Healthcare Workers

Feb 17, 2012

NIOSH Acts To Prevent Lifting Injuries For Home Healthcare Workers. The National ... Lifting and moving clients create a high risk for back injury and other musculoskeletal disorders for home healthcare workers. Click here to ...

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Occupational Hazards in the Home Healthcare Industry - Workers ...

Feb 02, 2010

The report concludes, "The Bureau of Labor Statistics has projected home healthcare work to be the fastest growing occupation through 2016. Home healthcare workers, including home healthcare aides, nurses, physical ...

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