Work-Accident -Compensation Accident Claim Work: 2010

Jumat, 31 Desember 2010

NIOSH Focuses On Safety of Nanotechnology

On Wednesday, April 8, 2009 [74 FR 15985], the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC), announced in the Federal Register plans to evaluate the scientific data on carbon nanotubes and to issue its findings on the potential health risks. A draft Current Intelligence Bulletin entitled ``Occupational Exposure to Carbon Nanotubes and Nanofibers'' has been developed which contains an assessment of the toxicological data and provides recommendations for the safe handling of these materials. NIOSH is seeking comments on the draft document and plans to have a public meeting to discuss the document. The draft document and instructions for submitting comments can be found at http://www.cdc.gov/niosh/docket/review/docket161A/ default.html.

NIOSH has interest in:

(1) Identification of industries or occupations in which exposures to carbon nanotubes and nanofibers can occur;

(2) Trends in the production and use of carbon nanotubes and nanofibers;

(3) Exposure measurement data;

(4) Case reports or other health information demonstrating possible health effects in workers exposed to carbon nanotubes or nanofibers;

(5) Reports of experimental in vivo and in vitro studies that provide evidence of a dose-relationship between exposure to carbon nanotubes and nanofibers and biological activity;

(6) Reports of experimental data on the airborne characteristics of carbon nanotubes or nanofibers, including information on the amounts that are inhalable and respirable;

(7) Criteria and rationale for including workers in a medical surveillance and screening program;

(8) Description of work practices and engineering controls used to reduce or prevent workplace exposure to carbon nanotubes and nanofibers; and

(9) Educational materials for worker safety and training on the safe handling of carbon nanotubes and nanofibers.

This announcement follows an earlier conference by NIOSH in July 2010.

Kamis, 30 Desember 2010

Three Wishes

As the year 2010 ends and we then head into 2011 let me express my 3 wishes for workers compensation in Colorado. They are major points and would have significant opposition yet they are sensible for workers comp to be fair and efficient. I acknowledge that workers comp is insurance and this can mean limiting benefits. That is not fair but we all know that insurance has its limits. But we can make the system better. As it is the current system is seriously flawed in 3 areas. Let me detail my concerns:
1. Colorado's definition of permanent total disability is unrealistic. If you can earn any employment wages whatsoever you are not totally disabled. It is quite unlike the way the Social Security Administration looks at total disability. Colorado at one time had a reasonable approach but intense efforts at "reform" some 20 years ago led to a very narrow way of defining total disability. Example, if you can work a few hours a week for minimum wage the other side will argue you lose on this issue even if it is below poverty level. While not perfect the SS view is more realistic. But then changing this could be costly to insurers.
2. My second wish is that our system dispense with the scheduled rating and add for loss of earning ability. In Colorado an arm, hand, foot, leg injury receives a specific quantity of benefits. A scheduled rating treats the human being as a mannequin. The problem is that we use our arms and legs at work a lot. Damage from a work injury can result in a loss of your occupation or trade. The claimant receives some money and then his claim may be over. How fair is losing your trade when you obtain permanant benefits of $10000 or $15000 based on the Colorado formula now in place in this state? It is simply wrong and most of us in the field know it. Insurers save but then the buck is passed to others or to society.
3. My third wish is meant to level the playing field in the area of medical disputes. Insurers can spend a considerable sum obtaining doctors who report and can testify against the claimant. It can mean losing your entire claim. A claimant has no such deep pocket and all of us in the field know it. I've seen the other side spend over $10000 on medical experts and what can the typical claimant afford? Currently a doctor can bill at $450 an hour for his testimony which includes travel and waiting around. If every claimant had access to an insurance fund in some reasonable amount then any battle could be a fair fight. A state fund set up for this purpose with contributions from all insurers could administer this. Insurers love the current system but we all know it is unfair. An injured worker may have no income and fairness suggests he or she should have a fair chance when such a dispute arises.
So there you have it. My concern is that if we truly want workers comp to be fair and efficient then these changes make sense. What happens currently is that someone else or society has to take on the burden of helping the injured worker. We pass the buck and most of us pay for what should be handled within the workers comp system. We must pay when the system is unfair whether it be all of us or those insuring you. By the way consider this an editorial opinion and Happy New Year!

Kamis, 23 Desember 2010

Merry Christmas To All!

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 to federalize the nation's workers' compensation program. The Federally funded and administered program provides for medical evaluation and treatment of occupational medical conditions that have been neglected or ignored by other benefit programs.

The legislation specifically provides for medical monitoring and treatment to eligible emergency responders and recovery and cleanup workers, including those who are Federal employees, who responded to the September 11, 200, terrorist attacks. Furthermore, the program will provide initial health evaluations, monitoring, and treatment to residents and other building occupants and area workers in New York City who were directly impacted and adversely affected by the attacks.

H.R. 847 Health and Compensation Act of 2010
Click Here for C-Span Video http://tinyurl.com/2ax3htq

Rabu, 22 Desember 2010

OSHA Issues Bulletin on the Hazards of Exposure to Flavoring Substances

DIACETYL - BASED FLAVORS

The following flavors may contain diacetyl

Dairy Flavorings	Hybrid Dairy Flavorings (Contains a substantial dairy content)	Brown Flavorings	Alcohol Flavorings	Other Flavorings	Fruit Flavorings
Butter	Butter Pecan	Butterscotch	Brandy	Nutmeg	Strawberry
Cheese	Strawberry Crème	Caramel	Rum	Honey	Cranberry
Cream Cheese	Vanilla Crème	Vanilla	Whisky	Graham Cracker	Raspberry
Cheesecake	Other Crème Flavors	Coffee	Pina Colada	Vinegar	Blackberry
Milk	Root Beer Float	Tea		Meat flavors (e.g. gravy	Boysenberry
Yogurt	Chai	Toffee		Malt	Other berry flavors
Ice Cream		Chocolate (esp. milk chocolate)		Wine	Fruit flavors -nearly any kind (e.g., banana, apple, grape, pear)
Egg		Cocoa		Beer	Cider
Ranch Dressing		Cocoa Butter		Tequila	Tomato
Sour Cream		Maple
Buttermilk		Brown Sugar
Mayonnaise		Marshmallow
		Peanut Butter
		Praline
Starter Distillate or Butter Starter Distillate		Hazelnut & other nut flavors

This Safety and Health Information Bulletin (SHIB) is addressed to employers and workers involved in the manufacture of "flavorings," (as defined by the Food and Drug Administration (FDA) in 21 CFR 101.22)¹ in flavoring, food and beverage manufacturing. The SHIB provides information about the potential health effects associated with exposure to flavoring substances or its substitutes. It is important that all manufacturers and users of flavorings understand that even though a flavoring is considered safe to eat, it does not mean that the flavoring is also safe to breathe or handle in occupational settings.

Many substances are used in the manufacture of flavorings. Diacetyl is a substance widely used in food and beverage flavorings. Diacetyl is used in a wide variety of food flavorings, although flavor manufacturers have begun to reduce or eliminate the amount of diacetyl in some kinds of flavorings because of health concerns. The principal types of flavorings that use diacetyl are dairy flavors (e.g., butter, cheese, sour cream, egg, and yogurt flavors) and the so-called "brown flavors" (e.g., caramel, butterscotch, brown sugar, maple or coffee flavors). Some fruit flavors (e.g., strawberry and banana) may also contain diacetyl (Table 1). There are also a variety of special uses of diacetyl such as in vanilla, tea, and other flavorings that are difficult to categorize broadly. Industries where some firms are known to use these flavorings include, but are not limited to, candies, snack foods, prepared canned or frozen foods (especially with sauces), some dairy products, bakeries, animal foods, soft drinks, and flavored cooking oils. Some foods (e.g., dairy products, wine and beer) contain naturally occurring diacetyl.

The occurrence of severe lung disease among workers in workplaces where diacetyl is manufactured and used has led some manufacturers to reduce or eliminate the amount of diacetyl in some kinds of flavorings, foods, and beverages. They have begun to use substitutes such as acetyl propionyl (2,3 pentanedione) and acetoin. These substitutes, some of which are structurally similar to diacetyl, have not been well-studied and there is growing concern that they also pose health risks for workers. There is additional concern that combinations of chemicals may increase the harm.

OSHA does not have permissible exposure limits (PELs) for most flavoring substances, including diacetyl and acetoin. The SHIB provides recommendations for controlling exposure to diacetyl, diacetyl substitutes and other flavorings to protect employees from serious respiratory disease.

Selasa, 21 Desember 2010

New Jersey Launches Workers' Compensation Centennial Celebration

Next year, 2011, marks the 100th anniversary of the enactment of the NJ Workers' Compensation Act. For a century, the State has embraced a no-fault system that has provided benefits to injured workers in a summary fashion.

Peter J. Calderone, Director and Chief Judge has announced that A Celebration and Recognition Dinner is planned on May 17, 2011 and a no fee Seminar with CLE credits at all vicinages will be held on May 2, 2011.

Senin, 20 Desember 2010

Let Us Not Forget

Over at another workers comp blog they posted a great article on one of the early twentieth century worker tragedies known as the Triangle Factory Fire. Factory workers died because doors were locked and a fire killed 146 women and girls. It was horrific and a wake up call for safety in the workplace. As the article notes now with outsourcing we are seeing it happening outside this country. This should make us mindful that workers and consumers should not tolerate poor safety and unsafe products. Actually the history of workers compensation goes back around 100 years in this country. An excellent brief history is available here. However in the last 20 years efforts have been made to get away from disability and focus on impairment. But we must not forget that work injuries can be devastating to some and workers comp was intended to provide treatment and benefits in an efficient way. Tragedies require safety measures and fair benefits or problems just get passed along to society as was the case in the days before workers compensation.

Minggu, 19 Desember 2010

Medical Witness Cannot Be An Advocate - Knee Replacement Surgery Authorized

A workers' compensation medical witness is not permitted to be become an advocate. A Judge of Compensation disregarded an insurance company medical witness when the medical expert "crossed the line from being a medical witness to an advocate."

In reaching her decision, Diana Ferriero, Judge of Compensation, rationalized that the insurance company's medical expert by the "convoluted cover letter sent by respondent counsel," along with medical records on the injured worker.

The injured employer suffered two work related accidents as a mechanic for American Airlines. The first accident in to the right knee occurred in July 2004 and resulted in a partial menisectomy and no prolonged sequelae. The worker was symptom free until a second accident in January 2007when he slipped and fell on both knees and hands. The insurance company authorized 28 medical office visits, 15 Hyalgan injections, 14 aspirations and physical therapy for treatment to his right knee. A diagnosis was made by the treating physician and the insurance company refused the injured worker a total knee replacement claiming that the medical condition was unrelated to the 2nd accident of January 2007.

The workers' compensation Judge ordered an independent medical evaluation by a renowned specialist in knee and hip replacements, Mark A, Hartzband of the Hackensack University Medical Center. The judge concluded that, "Dr, Hartzband opined that petitioner's need for a right total knee replacement was directly and causally related to the accident of January 17, 2007."

The court also found that the insurance company's treating physician, who opined that the 2nd accident was unrelated to the need for a knee replacement, was "disingenuous given the contents of his office chart," and reasoned that the insurance company's authorized treating physician did not have an understanding of arthritis and its progression.

The court granted the injured workers' motion for medical treatment, evaluation and scheduling of the right knee replacement, and ordered the payment of temporary medical benefits.

Pepe v. American Airlines, CP No. 2008-5878, NJ DWC 2010), Decided November 11, 2010.

Jumat, 17 Desember 2010

Defective Artificial Hips Maybe a Costly problem for Workers' Compensation

The workers' compensation insurance system is about to be the initial payor for joint replacement surgery and for the complications of defective artificial hip joint damage that were said to be inadequately tested because of a loophole in FDA's rules. With an estimated 93,000 DePuy recalled artificial hips implanted worldwide, the workers' compensation benefit system will probably be paying for a vast amount of the remediation and treatment costs, and then having its hand out through direct and indirect subrogation efforts to seek reimbursement from the manufacturer, Johnson and Johnson.

Called "one of the most troubled orthopedic implants of the past decade," recently recalled Johnson & Johnson artificial hips, DePuy Orthopedics, have drawn recent attention for being sold and promoted without adequate testing. The concern has been focused on devices known as A.S.R., Artificial Surface Replacement hip joints. The device was first introduced in the US in 2005 and was recalled from the market in August 2008.

The New York Times reported that, "Current rules do not require device producers to notify the F.D.A. when they bundle together components from approved and unapproved devices, Mark Melkerson, an agency official, acknowledged. New iterations of device designs already used on patients typically receive scant scrutiny from the F.D.A. before going to market."

It further reported that, "... back in 2005, the F.D.A. allowed DePuy to start selling the other version of the A.S.R., a modified standard hip replacement that used the same A.S.R. cup found in the company’s unapproved resurfacing device."

As a result of hip joint pain following surgery, and many adverse reports, and surgical implant failures, further investigation have resulted in the recall of DePuy Orthopedics, ASR artificial hips, Some individuals may suffer damage to bones, muscles and nerves following implant. Lawsuits have been filed against DePuy.

Rabu, 15 Desember 2010

High Workers Compensation Costs May Force County to Layoff 100 Workers

Citing the high workers compensation costs, Passaic County NJ is seriously considering laying off more than 100 workers in an effort to balance its budget. The Counting is facing a $7 Million dollar budget cap.

High costs for workers' compensation coverage has been a critical budget issue for many governmental entities. Last month the United States Postal Service reported that it may consider filing for bankruptcy as a result of high workers' compensation costs. Some public entities are considering privatizing workers' compensation inorder to reduce mounting workers compensation costs.

Senin, 13 Desember 2010

Here is a View of the Top 10 Workers Comp Issues in the Nation

At the LexisNexis website there is an article that summarizes the top ten issues for workers compensation from a national perpective. It is an interesting read but workers compensation is very state specific. Colorado has its own sets of statutes, rules and cases that apply to workers compensation claims. Still some issues cut across all state laws. For instance medicare has certain aspects that can impact a claim. This is not state law but federal in scope and is meant to avoid passing the buck of future medical care for a work injury to medicare without considering medicare's interests. These national concepts and trends are important to stay informed about even if Colorado has its own laws. My experience over many years has been to observe the move away from disability to impairment as the single most important issue in workers comp. Impairment is a medical concept of damage which has been adopted in workers compensation and moved us away from the traditional concept of disability.

Minggu, 12 Desember 2010

Workers Compensation Benefits for Breast Cancer to Be Law in Manitoba

The Canadian Province of Manitoba is about to enact a law recognizing breast cancer to be a compensable condition for female firefighters. The legislation, will also provide workers' compensation for prostate cancer, melanoma and multiple myeloma.

The Canadian Broadcasting System (CBC) reports that, "The risk of developing breast cancer is three to five times greater in a female firefighter than in the general population, Forrest said, noting 'at every fire there are more than 200 known carcinogens that are connected to breast cancer.'"

Sabtu, 11 Desember 2010

Judge Orders Arrest of CEO of Asbestos Supplier

A Judge in Tennessee has order the arrest of the Chief Executive Office of an asbestos supplier for his failure to provide information concerning the company's assets. The action followed the jury's award of $4.1 Million for the death of a man who was exposed as a pipe-fitter to asbestos fiber sold/distributed by the company, National Service Industries.

Jumat, 10 Desember 2010

Warning: Surgeon General Finds Workplace Tobacco is Even More Dangerous to Your Health

Workers who are exposed to tobacco smoke, even in small quantities, are subjecting themselves to an increased risk of illness and disease. The newly published Surgeon General Report, How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease, takes a detailed, scientific look at the toxicology and biology behind nicotine addiction and tobacco smoking, including carcinogenic effects and the adverse effects on cardiopulmonary and reproductive health.

Exposure to tobacco smoke – even occasional smoking or secondhand smoke – causes immediate damage to your body that can lead to serious illness or death, according to a report released today by U.S. Surgeon General Regina M. Benjamin. The comprehensive scientific report - Benjamin’s first Surgeon General’s report and the 30^th tobacco-related Surgeon General’s report issued since 1964 - describes specific pathways by which tobacco smoke damages the human body and leads to disease and death.

Kamis, 09 Desember 2010

Everyone Seems to Benefit Except SS Recipients

The tax cut extension certainly seems to be benefiting all Americans except those just drawing Social Security benefits. Those earning over $250,000 continue to receive a tax break estimated at a cost of $75 billion. But also the Social Security tax is reduced for one year from payroll deductions and this appears to cost about $120 billion. See this article at CNN Money. My concern is if that payroll deduction is made permanent it sets up Social Security to take the fall for being too costly so benefits need be cut. You take away the SS payroll collections and then blame it on Social Security itself! Additionally despite this enormous giveaway they then quietly killed any chance to help out those on Social Security with a one time $250 check to make up for two years of no cost of living increase. Cost for that? $14 billion. Reason given? It is too costly. Makes you wonder about our priorities.

Sabtu, 04 Desember 2010

California Becomes First State to Set Safety Guidelines for Flavoring Chemical

Cal/OSHA continues to be a national leader in worker safety by implementing a new standard today to protect employees who work with diacetyl, a chemical commonly used to give food flavorings a buttery taste. Cal/OSHA, a division of the California Department of Industrial Relations (DIR), is the only state-OSHA plan to have such a standard.

"The diacetyl standard is the latest example of how Cal/OSHA is on the forefront of worker safety," said DIR Director John C. Duncan. "We have taken the lead on this issue from day one and have worked closely with national medical experts as well as the National Institute of Occupational Safety and Health to get to this point. We refuse to wait until more workers suffer serious lung ailments to take action. At this time, not even Federal OSHA has a safety regulation for diacetyl, but we hope that this standard will serve as a model for them to follow."

The new standard, section 5197 of the California Code of Regulations, requires employers covered by the standard to create a regulated area for each process using diacetyl, unless the process is enclosed. Employers must also provide safeguards for employees who work with diacetyl at certain concentrations. These safety measures include creating a written diacetyl control program, periodic monitoring of exposure levels and providing personal protective equipment, respirators, training, and medical surveillance at no cost to employees. The standard goes into effect today.

"Diacetyl, a chemical that is harmless when it occurs naturally or as an ingredient in many of the foods we eat, can be dangerous in industrial settings where flavorings or foods are manufactured because it is used in much higher concentrations that allow it to get into the air that workers breathe," said Cal/OSHA Chief Len Welsh. "Cal/OSHA has issued citations in the past related to exposure to diacetyl, but this comprehensive standard will allow us to better target our enforcement efforts."

Workers from two California flavoring companies that use diacetyl have been diagnosed with bronchiolitis obliterans -- inflammation and scarring of the small airways that can result in permanent and life threatening narrowing of the airways. A number of employees nationwide who have been exposed to diacetyl have developed the serious respiratory illness which in some cases has resulted in patients being placed on lung transplant wait lists or dying. Symptoms include persistent dry cough, shortness of breath when using extra energy, and wheezing. Workers' Compensation Acts provide some benefits for those exposed.

Cal/OSHA Consultation also works to protect employees from dangerous food-flavoring chemicals. Consultation initiated its Flavor Industry Safety and Health Evaluation Program (FISHEP) in 2006 to provide assistance to California food flavor manufacturing companies. Consultation staff conducted mandatory onsite evaluations and consultations with 28 California companies that use pure flavoring ingredients to manufacture food flavors.

Jumat, 03 Desember 2010

National Mesothelioma Awareness Day Resolution Approved by Congress

The US House of Representative has passed a resolution designating September 26 as National Mesothelioma Awareness Day. The action came as the US House of Representatives unanimously, by roll call vote, approved the passage of a resolution (H. Res. 771). Representative Betty McCollum introduced the resolution that was supported by 58 co-sponsors.

The action by the House of Representatives follows prior approval of an identical resolution passed by the U.S. Senate (S. Res. 288) previously. The Senate resolution was sponsored by Senator Patty Murray (WA) and had 5 co-sponsors and was also approved by unanimous consent.

The test of the resolution is:

Whereas mesothelioma is a terminal, asbestos-related cancer that affects the linings of the lungs, abdomen, heart, or testicles;
Whereas workers exposed on a daily basis over a long period of time are most at risk, but even short-term exposures can cause the disease and an exposure to asbestos for as little as one month can result in mesothelioma 20-50 years later;
Whereas asbestos was used in the construction of virtually all office buildings, public schools, and homes built before 1975 and asbestos is still on the United States market in over 3,000 products;
Whereas there is no known safe level of exposure to asbestos;
Whereas millions of workers in the United States have been, and continue to be, exposed to dangerous levels of asbestos;
Whereas the National Institutes of Health reported to Congress in 2006 that mesothelioma is a difficult disease to detect, diagnose, and treat;
Whereas the National Cancer Institute recognizes a clear need for new agents to improve the outlook for patients with mesothelioma and other asbestos-related diseases;
Whereas for decades, the need to develop treatments for mesothelioma was overlooked and today, even the best available treatments usually have only a very limited effect and the expected survival time of those diagnosed with the disease is between 8 and 14 months;
Whereas mesothelioma has claimed the lives of such heroes and public servants as Admiral Elmo Zumwalt, Jr., and Congressman Bruce F. Vento, and a high percentage of today's mesothelioma victims were exposed to asbestos while serving in the United States Navy;
Whereas it is believed that many of the firefighters, police officers, and rescue workers from Ground Zero on September 11, 2001, may be at increased risk of contracting mesothelioma in the future;
Whereas the establishment of a National Mesothelioma Awareness Day would raise public awareness of the disease and of the need to develop treatments and enhance public awareness for it; and
Whereas cities and localities across the country are recognizing September 26 as Mesothelioma Awareness Day: Now, therefore, be it

Resolved,

That the House of Representatives--

(1) supports the goals and ideals of Mesothelioma Awareness Day; and

(2) urges the President to issue a proclamation calling on the people of the United States, Federal departments and agencies, States, localities, organizations, and media to annually observe a National Mesothelioma Awareness day with appropriate ceremonies and activities.

Kamis, 02 Desember 2010

CMS Issues Series of Mandatory Reporting Alerts

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The Centers for Medicare and Medicaid Services (CMS) has recently issued a series of Alerts for Implementation of Medicare Secondary Payer Mandatory Reporting Provisions in Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (See 42 U.S.C. 1395y(b)(7) & (8)).

One of Alerts defines the Date of Incidence (DOI) for a cumulative injury which is the earlier of:

• The date that treatment for any manifestation of the cumulative injury began when such treatment preceded formal diagnosis; or
• The first date that formal diagnosis was made by any medical practitioner.

MMSEA 111 - Alert - November 18, 2010 - ALERT: Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers' Compensation - Special Default ICD-9 Code for Responsible Reporting Entities (RREs) [PDF 69.45KB]

MMSEA 111 - Alert - November 18, 2010 - ALERT: TIN Reference File Address Validation Information for Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers' Compensation Responsible Reporting Entities (RREs) [PDF 58.76KB]

MMSEA 111 - Alert- November 9, 2010 - I. Revised Implementation Timeline for TPOC Liability Insurance (Including Self-Insurance) Settlements, Judgments, Awards or Other Payments and II. Extension of Current Dollar Thresholds for Liability Insurance (Including Self-Insurance) and Workers' Compensation [PDF 46.95KB]

MMSEA 111 - Revised Alert - November 5, 2010 - Direct Data Entry (DDE) Registration Information for Liability Insurance (Including Self-Insurance), No-Fault Insurance, and Workers' Compensation [PDF 49.17KB]

MMSEA 111 – Revised Alert - November 5, 2010 - New Direct Data Entry (DDE) Option for Liability Insurance (Including Self-Insurance), No-Fault Insurance and Workers' Compensation [PDF 65.37KB]

MMSEA111 - Alert - October 14, 2010 - Alert For Liability (Including Self-Insurance), No-Fault Insurance and Workers' Compensation - Reporting Timeframe [PDF 44.34KB]

MMSEA111 - Alert - October 14, 2010 - Alert For Liability (Including Self-Insurance), No-Fault Insurance and Workers' Compensation - DOI For Cumulative Injury [PDF 40.89KB]

New information concerning ICD Provider & Diagnostic Codes has also been posted to the CMS website:
Version 28 Full and Abbreviated Code Titles - Effective October 1, 2010 [ZIP 922KB]

Conversion information to the proposed (NEW) ICD-10 Codes is also posted.

Congressional Deficit Reform May Incorporate Workers Compensation Awards

Congressional deficit reform may encompass workers' compensation awards as an element for deficit reduction. National Underwriter (NU) reports that the proposal is supported by the co-chairman of the budget deficit commission (National Commission on Fiscal Responsibility) that was appointed by President Barach Obama. A vote of the full committee is scheduled for Friday.

A proposal was also made to impose caps on punitive and non-economic damages in tort claims.

NU reported, "On tort reform, the co-chairmen recommended that among the policies that should be pursued, state and federal governments should consider modifying the “collateral source” rule to allow outside sources of income collected as a result of an injury (for example, workers’ compensation benefits or insurance benefits) to be considered in deciding awards."

Commission's report stated:

"Among the policies pursued, the following should be included: 1) Modifying the “collateral source” rule to allow outside sources of income collected as a result of an injury (for example workers’ compensation benefits or insurance benefits) to be considered in deciding awards; 2) Imposing a statute of limitations – perhaps one to three years – on medical malpractice lawsuits; 3) Replacing joint-and-several liability with a fair-share rule, under which a defendant in a lawsuit would be liable only for the percentage of the final award that was equal to his or her share of responsibility for the injury; 4) Creating specialized “health courts” for medical malpractice lawsuits; and 5) Allowing “safe haven” rules for providers who follow best practices of care."

Jumat, 31 Desember 2010

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