Workers' Compensation

Does the Media Comprehend the Tragedy of Mass Worker Death?

2013-05-30T09:03:00.001-04:00

Shadows on the Triangle Shirtwaist Factory Fire Memorial

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

On March 25, 1911 a fire broke out at the Triangle Shirtwaist factory in New York City. In 18 minutes 146 garment workers, mostly young women, were dead. The hideous circumstances of the tragedy – widely depicted by the media with front-page pictures of the corpses of women who had jumped from the building windows to avoid being burned to death – incited a wave of public revulsion that contributed to New York’s enactment of one of the nation’s first workers’ compensation statutes. This occurred in the so-called “Progressive” era of American political history – now largely a distant memory – when within the next decade the majority of states followed suit.

One hundred years later, similar tragedies in the world-wide garment industry, which feeds U.S. corporations like WalMart, H&M, and Gap, occur with scant media attention other than the possible effect of such disasters on corporate business operations. In November of 2012, 112 garment workers died in a fire at a Bangladeshi factory producing WalMart clothing. (A manager had reportedly closed an exit gate after the fire alarm sounded, telling workers nothing was wrong and to just keep working.) In another Bangladeshi factory on January 26, 2013, a fire killed seven garment workers who could not escape due to a blocked exit.

Rather than expressing outrage over these circumstances, U.S. media, including the New York Times, characterized these incidents not as human tragedies, inexcusably occurring in the 21^st century industrial world, but as “blows to the Bangladeshi garment industry.” The fact is that with the globalization of that industry, these Bangladeshi workers are essentially “our” workers, making the clothes Americans wear, sold to us by U.S. corporate behemoths competing to do this at the lowest price possible they think will be acceptable to the American consumer. The media is complicit in disconnecting these tragedies from our consciousness as intolerable – just as was the sense of our citizenry after Triangle – by focusing it’s reporting on the economic impact to the garment business and blandly parroting the boilerplate disclaimers of responsibility given them by the industry.

The garment corporations could easily afford to ensure their foreign contractors increase workers’ wages and institute workers’ safety measures with a minimal impact on the final price and their bottom line.

These incidents are almost never reported in a way that puts the question to the American consumer as to whether we’d pay a bit more per unit of clothing to ensure the safety of these workers rather than participate in the race to the lowest possible price. Labor cost as a component of garment retail price is miniscule – one to two percent. The garment corporations could easily afford to ensure their foreign contractors increase workers’ wages and institute workers’ safety measures with a minimal impact on the final price and their bottom line.

As it turns out, however, when plans were being developed in 2011 to improve fire safety at Bangladeshi factories, those efforts were quashed by WalMart and Gap, who determined that preventing worker deaths from fire would cost too much: “It is not financially feasible for the brands to make such investment.”

Don’t expect to hear much more about all this from the corporate media.

Source: www.fair.org

Photo credit: Photo credit: Madison Guy / Foter.com / CC BY-NC-SA

US Publishes Guidelines to Minimize Distracted Driving

2013-05-29T03:11:00.001-04:00

Transportation accidents rank on the top of the list for worker fatalities. Now the federal government is attempting to reduce that number by restricting distractions while driving.driving. Voluntary guidelines reduce visual-manual distraction - the greatest safety risk to drivers in NHTSA's new study

U.S. Transportation Secretary Ray LaHood today released distraction guidelines that

encourage automobile manufacturers to limit the distraction risk connected to electronic devices built into their vehicles, such as communications, entertainment and navigation devices.

"Distracted driving is a deadly epidemic that has devastating consequences on our nation's roadways," said Secretary LaHood. "These guidelines recognize that today's drivers appreciate technology, while providing automakers with a way to balance the innovation consumers want with the safety we all need. Combined with good laws, good enforcement and good education, these guidelines can save lives."

Issued by the Department's National Highway Traffic Safety Administration (NHTSA), the voluntary guidelines establish specific recommended criteria for electronic devices installed in vehicles at the time they are manufactured that require drivers to take their hands off the wheel or eyes of the road to use them.

The guidelines include recommendations to limit the time a driver must take his eyes off the road to perform any task to two seconds at a time and twelve seconds total. The guidelines also recommend disabling several operations unless the vehicle is stopped and in park, such as:
Manual text entry for the purposes of text messaging and internet browsing;
Video-based entertainment and communications like video phoning or video conferencing;
Display of certain types of text, including text messages, web pages, social media content.

The recommendations outlined in the guidelines are consistent with the findings of a new NHTSA naturalistic driving study, The Impact of Hand-Held and Hands-Free Cell Phone Use on Driving Performance and Safety Critical Event Risk. The study showed that visual-manual tasks associated with hand-held phones and other portable devices increased the risk of getting into a crash by three times.

"The new study strongly suggests that visual-manual tasks can degrade a driver's focus and increase the risk of getting into a crash up to three times," said David L. Strickland, NHTSA Administrator. "The new guidelines and our ongoing work with our state partners across the country will help us put an end to the dangerous practice of distracted driving by limiting the amount of time drivers take their eyes off the road, hands off the wheel and their attention away from the task of driving."

The study found text messaging, browsing, and dialing resulted in the longest duration of driver's taking their eyes-off-road. Text messaging increased the risk of a crash or near-crash by two times and resulted in the driver's eyes off the road for an average of 23.3 seconds total. Visual-manual activities performed when completing a phone call – such as reaching for a phone, looking up a contact and dialing the number – increased the risk by three times.

The study did not find a direct increased crash risk from the specific act of talking on a cell phone. However, the manual-visual interactions involved with using a hand-held phone made its overall use 1.73 times more risky, since the use of these devices involve visual-manual tasks 100 percent of the time. Even portable hands-free and in-vehicle hands-free cell phone use was found to involve visual-manual tasks at least 50 percent of the time, which are associated with higher risk.

The guidelines and research announced today are part of Secretary LaHood's Blueprint for Ending Distracted Driving, a comprehensive plan that builds on the national momentum the Department has spearheaded for the last three years. Recognizing the extent and complexity of the problem, the Department will continue to work with federal, state and local partners, the auto industry, and safety community to address distraction. Currently, the Department is partnering with the Transportation Research Board on a naturalistic driving study involving nearly 3,000 vehicles to examine the nation's highway system including speed, curves, intersection control, lighting, driver fatigue, and distraction, among others. Distraction is one of many safety topics that will be examined as part of this large-scale data collection.

WASHINGTON – U.S. Transportation Secretary Ray LaHood today released distraction guidelines that encourage automobile manufacturers to limit the distraction risk connected to electronic devices built into their vehicles, such as communications, entertainment and navigation devices.

"Distracted driving is a deadly epidemic that has devastating consequences on our nation's roadways," said Secretary LaHood. "These guidelines recognize that today's drivers appreciate technology, while providing automakers with a way to balance the innovation consumers want with the safety we all need. Combined with good laws, good enforcement and good education, these guidelines can save lives."

Issued by the Department's National Highway Traffic Safety Administration (NHTSA), the voluntary guidelines establish specific recommended criteria for electronic devices installed in vehicles at the time they are manufactured that require drivers to take their hands off the wheel or eyes of the road to use them.

The guidelines include recommendations to limit the time a driver must take his eyes off the road to perform any task to two seconds at a time and twelve seconds total. The guidelines also recommend disabling several operations unless the vehicle is stopped and in park, such as:
Manual text entry for the purposes of text messaging and internet browsing;
Video-based entertainment and communications like video phoning or video conferencing;
Display of certain types of text, including text messages, web pages, social media content.

The recommendations outlined in the guidelines are consistent with the findings of a new NHTSA naturalistic driving study, The Impact of Hand-Held and Hands-Free Cell Phone Use on Driving Performance and Safety Critical Event Risk. The study showed that visual-manual tasks associated with hand-held phones and other portable devices increased the risk of getting into a crash by three times.

"The new study strongly suggests that visual-manual tasks can degrade a driver's focus and increase the risk of getting into a crash up to three times," said David L. Strickland, NHTSA Administrator. "The new guidelines and our ongoing work with our state partners across the country will help us put an end to the dangerous practice of distracted driving by limiting the amount of time drivers take their eyes off the road, hands off the wheel and their attention away from the task of driving."

The study found text messaging, browsing, and dialing resulted in the longest duration of driver's taking their eyes-off-road. Text messaging increased the risk of a crash or near-crash by two times and resulted in the driver's eyes off the road for an average of 23.3 seconds total. Visual-manual activities performed when completing a phone call – such as reaching for a phone, looking up a contact and dialing the number – increased the risk by three times.

The study did not find a direct increased crash risk from the specific act of talking on a cell phone. However, the manual-visual interactions involved with using a hand-held phone made its overall use 1.73 times more risky, since the use of these devices involve visual-manual tasks 100 percent of the time. Even portable hands-free and in-vehicle hands-free cell phone use was found to involve visual-manual tasks at least 50 percent of the time, which are associated with higher risk.

The guidelines and research announced today are part of Secretary LaHood's Blueprint for Ending Distracted Driving, a comprehensive plan that builds on the national momentum the Department has spearheaded for the last three years. Recognizing the extent and complexity of the problem, the Department will continue to work with federal, state and local partners, the auto industry, and safety community to address distraction. Currently, the Department is partnering with the Transportation Research Board on a naturalistic driving study involving nearly 3,000 vehicles to examine the nation's highway system including speed, curves, intersection control, lighting, driver fatigue, and distraction, among others. Distraction is one of many safety topics that will be examined as part of this large-scale data collection.

......

For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses. Click here now to submit a case inquiry.

Read more about "distracted driving" and workers' compensation:

Distracted Driving Accidents Echo Intoxication Caused Injuries

Sep 07, 2011

The New England Journal of Medicine reports that the activism against driving while intoxicated is beginning to be mirrored in distracted driving crashes. This parallel will probably cause workers' compensation courts and ...

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OSHA To Fine Employers for Distracted Driving Accidents - Workers ...

Apr 18, 2011

OSHA has announced an aggressive program to combat "The Number 1 Killer of Workers," Distracted Driving. The announcement was made today by Dr. David Michaels, Assistant Secretary of Labor of the Occupational ...

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Workers' Compensation: April is Distracted Driving Awareness Month

Apr 10, 2012

April is National Distracted Driving Awareness Month, and from Virginia to California, the traffic safety community has a simple message for drivers: One Text or Call could Wreck it All. Workers' Compensation Court will be ...

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Shortcuts at the Social Security Administration Mean Mistakes

2013-05-27T09:02:00.001-04:00

Today's post comes from guest author Roger Moore from Rehm, Bennett & Moore of Lincoln, Nebraska.

Recently, the Wall Street Journal reported that the Social Security Administration (SSA), frustrated by the backlog of applications for Social Security disability benefits, started pressuring the 140 doctors the agency uses to help evaluate some of the claims.

In an effort to encourage the quick processing of claims doctors were paid a flat rate of $80/case in stead of the previous $90/hour to review the cases. Many times these cases have hundreds of pages of records to be reviewed and can turn on a few sentences.

In this setting it’s every more important to seek the help of a treating physician in offering a supportive report.

Also, doctors were assigned to evaluate conditions that were not in their areas of expertise. One of the more interesting quotes came from Neil Novin, former chief of surgery at Baltimore's Harbor Hospital, who worked for Social Security part time for about 10 years. He said "People who shouldn't be getting [disability] are getting it, and people who should be getting it aren't getting it". In my experience
this has always been the case, but now, with agency doctors being pressured to evaluate these cases quicker, we’ll likely see less competent and thorough evaluations.

This in turn will lead to longer delays, more cases waiting for a hearing and more money spent to evaluate more cases by administrative personnel within the SSA. Although I’ve never thought the agency doctors do a good job evaluating these cases, the situation will get worse now that 1/3 of the 140 doctors have either quit or been fired over this shift in philosophy. In this setting it’s every more important to seek the help of a treating physician in offering a supportive report.

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When Should A Disabled Worker Take Social Security Benefits

Feb 19, 2013

Disabled workers are faced with complex decisions on when they should take Social Security benefits. The senario is complicated with the addition of workers' compensation benefits and pensions, especially if they are ...

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Workers' Compensation: Social Security Disability: Get the evidence ...

Jan 28, 2013

Social Security Disability applicants sometimes have trouble getting the evidence needed to demonstrate that they have a disability. PROBLEM 1: You haven't had regular medical care because you don't have health ...

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Social Security Announces 1.7 Percent Benefit Increase for 2013

Dec 23, 2012

The 1.7 percent cost-of-living adjustment (COLA) will begin with benefits that more than 56 million Social Security beneficiaries receive in January 2013. Increased payments to more than 8 million SSI beneficiaries will begin ...

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Cancer Alley: NJ Meadowlands to be Tested for Cancer Causing Substances

2013-05-24T08:02:00.001-04:00

The area around the NJ Turnpike has long been called "Cancer Alley," the the US EPA is now going to investigate past dumping of cancer causing substances in the New Jersey Meadowlands near the Hackensack River.

The U.S. Environmental Protection Agency today announced a legal agreement with

Apogent Transition Corp., Beazer East, Inc., Cooper Industries, LLC and Occidental Chemical Corporation to conduct a study of the contamination at the Standard Chlorine Chemical Company, Inc. Superfund site in Kearny, New Jersey as part of the cleanup plan for the site. The site, which is in the New Jersey Meadowlands and is next to the Hackensack River, is contaminated with a number of hazardous chemicals including polychlorinated biphenyls (PCBs) and dioxin. The study of the nature and extent of the contamination and an evaluation of potential cleanup methods are essential steps in the cleanup process. The estimated value of the study work is $750,000. The companies will also pay for the EPA’s costs in overseeing the performance of the study.

Fish consumption advisories have been issued for the Hackensack River due to the PCBs and dioxin contamination, originating in part from the Standard Chlorine site. PCBs are likely cancer causing chemicals and can have serious neurological effects. Exposure to dioxin can also result in serious health effects, including cancer.

“This agreement marks an important step in the cleanup of the Standard Chlorine Chemical site,” said EPA Regional Administrator Judith A. Enck. “Today’s agreement illustrates how the Superfund law works to make polluters, not taxpayers, pay to clean up sites like this one.”

The 25-acre site was formerly used for chemical manufacturing by various companies from the early 1900s to the 1990s. Operations at the site included the refinement of naphthalene for use in the production of certain industrial products, the processing of liquid petroleum naphthalene and the manufacturing of lead-acid batteries, drain-cleaner products and the packing of dichlorobenzene products. The soil, ground water and two lagoons were contaminated with dioxin, benzene, naphthalene, PCBs and volatile organic compounds. The site was originally littered with tanks and drums containing hazardous substances including dioxin and asbestos. Prior to placement on the Superfund list, the New Jersey Department of Environmental Protection sampled and studied the site and partially cleaned it up along with instituting measures to contain the pollution in the short-term. At the request of the NJDEP, the EPA added the site to the Superfund list in September 2007.

Previous actions have been taken by parties responsible for the pollution with oversight by the NJDEP and the EPA to address the immediate risks to public. The dioxin and asbestos have been collected and disposed of at facilities licensed to receive the waste. Contaminated buildings on-site were demolished and removed. The two contaminated lagoons were emptied of water, filled with clean material and covered. A slurry wall was installed between the site and the Hackensack River to keep contamination from moving into the river. A system of pumps is being used to bring the polluted ground water to the surface where it can be cleaned. Fish consumption warnings have been issued for the Hackensack River. The study and evaluation of potential cleanup technologies will be conducted under the legal agreement announced today before the EPA issues a proposed cleanup plan for the remaining work at the site.

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. To date, the cleanup of the Standard Chlorine Chemical Company, Inc. Superfund site is being conducted and paid for by the responsible parties with oversight by the EPA.

......

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Workers' Compensation: Diesel Fumes and Lung Cancer

Apr 01, 2013

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Workers' Compensation: World Cancer Day 2013

Feb 04, 2013

On World Cancer Day, UICC and International Agency for Research on Cancer (IARC) reveal real-life impact of achieving goal. Monday 4 February 2013 – World Cancer Day: Geneva, Switzerland – The Union for ...

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Workers' Compensation: All Forms of Asbestos Cause Cancer

Feb 20, 2013

In response to allegations in the recent Lancet article, IARC in the dock over ties with asbestos industry (The Lancet, doi:10.1016/S0140-6736(13)60152-X), WHO and IARC (International Agency for Research on Cancer) state ...

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Workers' Compensation: Ciba, Toms RIver NJ and a Cancer Epidemic

Mar 25, 2013

Early in my workers' compensation career, during the 1980's, I was asked by a local attorney to participate in the prosecution of 3 brain cancer workers' compensation claims. The cases arose out of an alleged exposure to ...

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EPA Adds the Riverside Industrial Park in Newark, New Jersey to the Superfund List

2013-05-24T07:46:00.002-04:00

Seven Acre Site along the Passaic River Contaminated with PCBs and Volatile Organic Compounds

The U.S. Environmental Protection Agency has added the Riverside Industrial Park in Newark, New Jersey to the Superfund National Priorities List of the country’s most hazardous waste sites. After a 2009 spill of oily material from the industrial park into the Passaic River, the EPA discovered that chemicals, including benzene, mercury, chromium and arsenic, were improperly stored at the site. The agency took emergency actions to prevent further release of these chemicals into the river. Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs).

Benzene, mercury, chromium and arsenic are all highly toxic and can cause serious damage to people’s health and the environment. Many volatile organic compounds are known to cause cancer in animals and can cause cancer in people. Polychlorinated biphenyls are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems and are potentially cancer-causing.

EPA proposed the site to the Superfund list in September 2012 and encouraged the public to comment during a 60-day public comment period. After considering public comments and receiving the support of the New Jersey Department of Environmental Protection for listing the site, the EPA is putting it on the Superfund list.

“The EPA has kept people out of immediate danger from this contaminated industrial park and can now develop long-term plans to protect the community,” said Judith A. Enck, EPA Regional Administrator. “By adding the site to the Superfund list, the EPA can do the extensive investigation needed to determine the best ways to clean up the contamination and protect public health.”

Since the early 1900s, the Riverside Industrial Park, at 29 Riverside Avenue in Newark, has been used by many businesses, including a paint manufacturer, a packaging company and a chemical warehouse. The site covers approximately seven acres and contains a variety of industrial buildings, some of which are vacant. In 2009, at the request of the New Jersey Department of Environmental Protection, the EPA responded to an oil spill on the Passaic River that was eventually traced to the Riverside Avenue site. The state and the city of Newark requested the EPA’s help in assessing the contamination at the site and performing emergency actions to identify and stop the source of the spill.

The EPA plugged discharge pipes from several buildings and two tanks that were identified as the source of the contamination. In its initial assessment of the site, the EPA also found ten abandoned 12,000 to 15,000 gallon underground storage tanks containing hazardous waste, approximately one hundred 3,000 to 10,000 gallon aboveground storage tanks, two tanks containing oily waste, as well as dozens of 55-gallon drums and smaller containers. These containers held a variety of hazardous industrial waste and solvents. Two underground tanks and most of the other containers were removed by the EPA in 2012.

The EPA periodically proposes sites to the Superfund list and, after responding to public comments, designates them as final Superfund sites. The Superfund final designation makes them eligible for funds to conduct long-term cleanups.

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The search for the parties responsible for the contamination at the Riverside Industrial Park site is ongoing.

......

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Workers' Compensation: US EPA Reports: Better Planning ...

Apr 19, 2013

"U.S. Environmental Protection Agency (EPA) action officials did not complete planned corrective actions under its Libby Action Plan in a timely manner. This occurred because the scope of the work was larger than originally ...

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Workers' Compensation: EPA Fines Arizona School Districts for ...

Feb 21, 2013

The U.S. Environmental Protection Agency has fined six Arizona school districts a combined total of $94,575 for Asbestos Hazard Emergency Response Act (AHERA) violations. More than 15,000 children attend the 25 ...

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Workers' Compensation: The Toxic Cloud Over the US EPA

Mar 07, 2013

Today the PBS NEWSHOUR airs a documentary, EPA Contaminated by Conflict of Interest, on how the chemical Industry is quietly delaying implementation of regulation of Chromium VI. The compound, hexavalent chromium, ...

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Poisoned Water: Chromium IV - What the EPA Hasn't Done

Mar 14, 2013

Poisoned Water: Chromium IV - What the EPA Hasn't Done. Corporate water pollution in the US is the subject of a current PBS-TV (Public Broadcasting Network) series. In part one of a two-part series, PBS NewsHour Science ...

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Doctors and hospitals’ use of health IT more than doubles since 2012

2013-05-24T04:01:00.001-04:00

More than half of America’s doctors have adopted electronic health records

HHS Secretary Kathleen Sebelius today announced that more than half of all doctors and other eligible providers have received Medicare or Medicaid incentive payments for adopting or meaningfully using electronic health records (EHRs).

HHS has met and exceeded its goal for 50 percent of doctor offices and 80 percent of eligible hospitals to have EHRs by the end of 2013.

Since the Obama administration started encouraging providers to adopt EHRs, usage has increased dramatically. According to the Centers for Disease Control and Prevention survey in 2012, the percent of physicians using an advanced EHR system was just 17 percent in 2008. Today, more than 50 percent of eligible professionals (mostly physicians) have demonstrated meaningful use and received an incentive payment. For hospitals, just nine percent had adopted EHRs in 2008, but today, more than 80 percent have demonstrated meaningful use of EHRs.

“We have reached a tipping point in adoption of electronic health records,” said Secretary Sebelius. “More than half of eligible professionals and 80 percent of eligible hospitals have adopted these systems, which are critical to modernizing our health care system. Health IT helps providers better coordinate care, which can improve patients’ health and save money at the same time.”

The Obama administration has encouraged the adoption of health IT starting with the passage of the Recovery Act in 2009 because it is an integral element of health care quality and efficiency improvements. Doctors, hospitals, and other eligible providers that adopt and meaningfully use certified electronic health records receive incentive payments through the Medicare and Medicaid EHR Incentive Programs. Part of the Recovery Act, these programs began in 2011 and are administered by the Centers for Medicare & Medicaid Services and the Office of the National Coordinator of Health Information Technology.

Adoption of EHRs is also critical to the broader health care improvement efforts that have started as a result of the Affordable Care Act. These efforts – improving care coordination, reducing duplicative tests and procedures, and rewarding hospitals for keeping patients healthier – all made possible by widespread use of EHRs. Health IT systems give doctors, hospitals, and other providers the ability to better coordinate care and reduce errors and readmissions that can cost more money and leave patients less healthy. In turn, efforts to improve care coordination and efficiency create further incentive for providers to adopt health IT.

As of the end of April 2013:

More than 291,000 eligible professionals and over 3,800 eligible hospitals have received incentive payments from the Medicare and Medicaid EHR Incentive Programs.
Approximately 80 percent of all eligible hospitals and critical access hospitals in the U.S. have received an incentive payment for adopting, implementing, upgrading, or meaningfully using an EHR.
More than half of physicians and other eligible professionals in the U.S. have received an incentive payment for adopting, implementing, upgrading, or meaningfully using an EHR.

For more information about the Administration’s efforts to promote implementation, adoption and meaningful use of EHRs and health IT systems, please visit: http://www.cms.gov/EHRIncentivePrograms and http://www.healthit.gov.

......

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Major California Medical Record Privacy Breach Disclosed

Aug 23, 2011

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The Scarlet Letter - Workers' Compensation Style

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The Need to Incorporate Occupational Histories Into Electronic

Oct 04, 2011

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Workers' Compensation: Private Investigators in Workers ...

Mar 11, 2013

They can pour over your medical records, pre- and post-injury, looking for any piece of evidence to deny your claim. They can send your file to lawyers who review medical records and recorded statements to potentially attack ...

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California Study Reveals Occupational Asthma Is A Major Problem

2013-05-24T03:28:00.001-04:00

"It is estimated that over 974,000 adults in California have asthma that has been caused or aggravated by their work, but work-related asthma (WRA) is often not recognized or diagnosed."

Work-related asthma (WRA) is under-recognized and often undiagnosed, but a new report

estimates that nearly a million adults in California have had work-related asthma. “Asthma in California: A Surveillance Report” tracks asthma data for the state of California, and includes a chapter on WRA. The updated chapter includes rates of WRA by industry and occupation, types of exposure, measures of the impact of WRA, and data on the characteristics of people with WRA, such as gender and age.

View WRA chapter: Work-related asthma (PDF)

View entire report: Asthma in California: A Surveillance Report (PDF, 6 MB)

View executive summary: Asthma in California: Executive Summary (PDF)

For more information on OHB work in this area, see Tracking Work-Related Asthma

......

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Workers' Compensation: Childrens Asthma Caused By Pregnant ...

Oct 11, 2011

A recent study of pregnant working women reveals that their exposure to occupational pollution results in their children's development of asthma. The report was presented at the Eastern European Respiratory's annual ...

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Workers' Compensation: A New Wave of Disease - Cleaners Asthma

Oct 25, 2010

"Included in the study were thirteen cleaning employees with work-related asthma-like symptoms, three asthmatic controls and three atopic subjects without bronchial hyperresponsiveness (BHR) who had no exposure to ...

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Workers' Compensation: EC Publishes Criteria to Diagnose ...

Jun 18, 2010

However, in some conditions such as occupational asthma, a past history of childhood asthma and/or asthmatic attacks occurring before occupational exposure, does notautomatically rule out the possibility of a workplace ...

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Workers' Compensation: EPA Acts To Lower Toxic Old Diesel ...

Jan 17, 2013

These pollutants are linked to health problems, including asthma, lung and heart disease and even premature death. Diesel engines are durable and often remain in use a long time. Older diesels that predate current and ...

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Reflections On Apple's Factory Working Conditions

2013-05-23T09:02:00.001-04:00

Today's post comes from guest author Ryan Benharris from Deborah G. Kohl Law Offices.

Our colleague Rod Rehm (Nebraska) shared a great post about Apple's inhumane factory working conditions in China the other day. It gave us pause because we use Apple products in our business all the time.

Whether it's an iPhone to keep in touch with the office 24/7 or an iPad to help win our clients' cases in the courtroom, these tools have become an integral part of our lives and the lives of hundreds of millions of people across the world.

We hope that through advocacy companies like Apple will improve their working conditions and increase standards of living across the globe. We also hope that as Apple moves to provide better working conditions for all of its workers and subcontractors, it can repatriate many of its jobs cost effectively.

In the video linked in Rod's post, Jon Stewart points out that right now Apple saves about 20% on the cost of production by outsourcing to China. We, as fans of Apple's products, would be willing to split the difference with them and pay 10% more for their excellent products if they'd absorb the other 10% and treat their workers humanely.

Here's Rod's original post (reprinted with permission): When Henry Ford invented the Model T, he revolutionized manufacturing and in the process created tons of high-paying jobs for ordinary people. His wealth was shared. When Steve Jobs and Apple invented the iPhone,
they outsourced its manufacturing to Foxconn, a company that runs assembly lines in China. Aside from a few jobs at company headquarters and some sales and service positions at retail stores, the jobs are all overseas. The vast majority of the profits from the sales of Apple and other companies like it are going to the wealthy people who own Apple stock and a few extremely well-paid executives. Jon Stewart details how life without "burdensome" regulations, "frivolous" lawsuits and labor unions means Chinese workers suffer so U.S. companies can build their products cheaper and accumulate more profits. Stewart's investigative segment makes us all ask whether it is worth these inhumane conditions so we can get the next gadget for a few dollars less, or to pad the pockets of the wealthy a little more.

The Daily Show With Jon Stewart

Mon - Thurs 11p / 10c

Fear Factory

www.thedailyshow.com

Daily Show Full Episodes

Political Humor & Satire Blog

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Google, Apple, Lucas Film Accused of Fixing Employee Wages

May 08, 2011

The suit, filed in California last week, alleges that Apple, Intel, Intuit, Lucasfilm and Pixar conspired "to fix and suppress the compensation of their employees." The class action claims that these companies violated California ...

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Don't Fry Friday - May 24th

2013-05-22T16:23:00.000-04:00

Workers need to be aware about skin cancer and take preventative action to protect themselves from the sun's rays

Skin Cancer Remains the Most Common Cancer in US, Americans Urged to Take Action/EPA, CDC, FDA, National Council on Skin Cancer Prevention provide sun safety tips for 'Don’t Fry Day': May 24th

The U.S. Environmental Protection Agency (EPA), joined by the National Council on Skin Cancer

Prevention, the Food and Drug Administration (FDA), and the Centers for Disease Control and Prevention (CDC), is recognizing the Friday before Memorial Day as “Don’t Fry Day”, to encourage Americans to take a few simple steps to protect their health and prevent skin cancer throughout the summer.

“While we’re making progress toward restoring the Earth’s ozone layer, Americans need to take steps now for extra protection from harmful UV rays and skin cancer,” said Janet McCabe, deputy assistant administrator for EPA’s Office of Air and Radiation. “Americans can stay safe under the sun and enjoy the outdoors by taking simple steps such as using sunscreen and wearing UV-blocking sunglasses.”

“If current trends continue, one in five Americans will get skin cancer in their lifetime, and many of these skin cancers could be prevented by reducing UV exposure from the sun and indoor tanning devices,” said CDC Director Tom Frieden, M.D., M.P.H. “Of particular concern is the increase we are seeing in rates of melanoma, a potentially deadly form of skin cancer. In the United States, melanoma is one of the most common cancers among people ages 15 to 29 years.”

“Spending time in the sun increases the risk of skin cancer. Everyone can get sunburned and suffer harmful effects of exposure to UV radiation from time spent outdoors,” said FDA Commissioner Margaret A. Hamburg, M.D. “Consumers can protect themselves by choosing a sunscreen that is right for them, wearing protective clothing and limiting time in the sun.”

To make it easier for people to choose products that effectively reduce the health risks of UV overexposure, the FDA has issued new labeling rules for sunscreen products. These include:

Sunscreens proven to protect against both ultraviolet A (UVA) and ultraviolet B (UVB) rays can be labeled “Broad Spectrum.” Both UVB and UVA radiation contribute to the sun’s damaging effects.
Sunscreen products that meet the criteria for being called “Broad Spectrum” and have a Sunscreen Protection Factor (SPF) of 15 or higher may state that they reduce the risk of skin cancer and early skin aging when used as directed with other sun protection measures.
Any product that is not “Broad Spectrum,” or has an SPF below 15, must have a warning stating that the product has not been shown to help prevent skin cancer or early skin aging.
New water resistance claims on the front label must indicate whether the sunscreen remains effective for 40 minutes or 80 minutes while swimming or sweating.

In addition to using Broad Spectrum sunscreen, here are some tips to help enjoy the outdoors safely this Memorial Day weekend and throughout the summer:
Seek shade, not sun: Seek the shade when the sun’s rays are strongest; avoid sunburns, intentional tanning, and use of tanning beds; use extra caution near reflective surfaces like water and sand.
Wear protective clothing: Wear sun-protective clothing, a wide-brimmed hat, and UV-blocking sunglasses.
Check the UV Index: EPA and the National Weather Service offer the UV Index--an hourly forecast of UV radiation that allows Americans to plan outdoor activities in ways that prevent overexposure to the sun. Download EPA's free UV Index app at www.epa.gov/enviro/mobile/.

Nations across the globe have made steady progress toward restoring the Earth’s protective ozone layer through the groundbreaking environmental treaty called the Montreal Protocol. Signed by 197 countries, including the U.S. government, the Protocol is successfully working to phase out ozone-depleting substances. Scientists predict that the ozone layer will recover later this century.
According to the CDC, the states with the highest melanoma death rates include Alabama, Arizona, Colorado, Idaho, Indiana, Iowa, Montana, Oregon, Utah, and West Virginia. Americans are encouraged to learn more about skin cancer in their states at www2.epa.gov/sunwise/skin-cancer-facts-your-state.

More on EPA sun safety tips: http://www2.epa.gov/sunwise

More on the Montreal Protocol: http://www.epa.gov/ozone/intpol/

More on FDA sunscreen labeling rules: http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm258416.htm

More on CDC skin cancer prevention efforts: http://www.cdc.gov/cancer/skin/ and cancer statistics:http://wonder.cdc.gov/cancer.html.

More on the National Council on Skin Cancer Prevention: http://www.skincancerprevention.org/

Read more about "skin cancer" and workers' compensation:

Workers' Compensation: Stay Sun Alert - Subscribe to UV Alert

May 06, 2013

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 ...

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

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 ...

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

OSHA urges hurricane recovery workers to protect themselves

Nov 05, 2012

Workers' Compensation: Sun Exposure, Prevention and Workers ... Jun 21, 2011. Sun Exposure ... The first day of summer brings attention to working outside, sun exposure and the risk of skin cancer. Workers Compensation ...

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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 ...

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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/

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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.

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