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Rabu, 01 Februari 2012

California Attorney General Announces Settlement Requiring Honest Advertising over Brazilian Blowout Products

Attorney General Kamala D. Harris today announced a settlement with the manufacturer of Brazilian Blowout products that will require the company to warn consumers and hair stylists that two of its most popular hair smoothing products emit formaldehyde gas.

The settlement requires GIB, LLC, which does business under the name Brazilian Blowout, to cease deceptive advertising that describes two of its popular products as formaldehyde-free and safe. The company must also make significant changes to its website and pay $600,000 in fees, penalties and costs.

"California laws protect consumers and workers and give them fair notice about the health risks associated with the products they use," said Attorney General Harris. "This settlement requires the company to disclose any hazard so that Californians can make more informed decisions."

Today's settlement is the first government enforceable action in the United States to address the exposures to formaldehyde gas associated with Brazilian Blowout products. It is also the first law enforcement action under California's Safe Cosmetics Act, a right-to-know law enacted in 2005.

In November 2010, the Attorney General's office filed suit against GIB, LLC for violating five state laws, including deceptive advertising and failure to provide consumers with warnings about the presence of a carcinogen in its products.

The settlement covers two products used in a popular salon hair straightening process, the "Brazilian Blowout Acai Smoothing Solution" and the "Brazilian Blowout Professional Smoothing Solution".

The complaint alleged the two products contained formaldehyde but were labeled "formaldehyde free."
Proposition 65 requires businesses to notify Californians about certain exposures to chemicals in the products they purchase. Formaldehyde is on the Proposition 65 list of chemicals known to cause cancer.

The complaint alleged that that GIB - the manufacturer of the Brazilian Blowout products - did not inform customers or workers that formaldehyde gas was being released during a Brazilian Blowout treatment, and therefore product users did not take steps to reduce their exposure, such as increasing ventilation. Under the terms of the settlement, GIB is required to:

- Produce a complete and accurate safety information sheet on the two products that includes a Proposition 65 cancer warning; distribute this information to recent product purchasers who may still have product on hand; and distribute it with all future product shipments. The revised safety information sheet -- known as a "Material Safety Data Sheet," or MSDS -- will be posted on the company's web site.

- Affix "CAUTION" stickers to the bottles of the two products to inform stylists of the emission of formaldehyde gas and the need for precautionary measures, including adequate ventilation.

- Cease deceptive advertising of the products as formaldehyde-free and safe; engage in substantial corrective advertising, including honest communications to sales staff regarding product risks; and change numerous aspects of Brazilian Blowout's web site content.

- Retest the two products for total smog-forming chemicals (volatile organic compounds) at two Department of Justice-approved laboratories, and work with DOJ and the Air Resources Board to ensure that those products comply with state air quality regulations.

- Report the presence of formaldehyde in its products to the Safe Cosmetics Program at the Department of Public Health.

- Disclose refund policies to consumers before the products are purchased.

- Require proof of professional licensing before selling "salon use only" products to stylists.

GIB will also pay $300,000 in Proposition 65 civil penalties, and $300,000 to reimburse the Attorney General's office fees and costs.

A copy of the settlement is attached to the online version of this release at www.oag.ca.gov.

Consent Judgement PDF logo

[PDF 531 kb / 42 pg]

Sabtu, 28 Januari 2012

Workplace Violence: Workers Compensation Judge Removed For Taking a Gun To Work

I once walked into a workers' compensation court and the Judge was using a 3 foot sledge hammer as a gavel. How far a field one can go before crossing the line of what is appropriate conduct for a judge was the subject of a recent court decision.

A Court in Pennsylvania has ruled that it is unlawful for a workers' compensation judge to bring a gun to work. The judge was removed from office and terminated.

Click here to read: Peter E. Perry v. State Civil Service Commission, No. 2751 C.D. 2010 (PA 2011)

"....the Commission credited L&I‟s evidence regarding the existence of its policies concerning weapons in the workplace and Perry‟s 14 violations of those policies. The Commission‟s supported findings reveal the following. L&I issued its employees a Weapons Policy Statement, which specifically prohibited the possession of weapons, including, among other things, all forms of firearms, “while in or on property owned or leased by [L&I].” F.F. No. 9; R.R. at 134a. The policy specifies that violations “may lead to disciplinary action up to and including termination from employment.” R.R. at 134a. Perry received this policy. F.F. No. 10; R.R. at 136a-37a. Perry also received a copy of Management Directive 205.33 relating to workplace violence, issued by the Governor‟s Office, Secretary of Administration, which applied to all agencies under the Governor's jurisdiction. R.R. at 125a-32a, R.R. at 136a-37a."

Selasa, 24 Januari 2012

Privacy Limits for Social Networking: The Right To Be Forgotten

The explosive use of social media information as a discovery and an investigatory tool in workers' compensation matters may soon be reaching its limits as the European Union is proposing privacy data regulations. The proposed regulations would allow users to shut down and literally expunge their social media records. It would be enforceable with heavy economic sanctions against social media providers.

Click here to read : Europe Weighs Tough Law on Online Privacy (NYTimes.com)
"The proposed law strikes at the heart of some of the knottiest questions governing digital life and commerce: who owns personal data, what happens to it once it is posted online, and what the proper balance is between guarding privacy and leveraging that data to aim commercial or political advertising at ordinary people."

Workers Compensation Fails to Cover Most Occupational Disease Claims

A just published study reports that only 25% of occupational disease claims are covered by US workers' compensation programs.

Click here to read the entire report: Economic Burden of Occupational Injury and Illness in the United States Get PDF (611K)
"The medical and indirect costs of occupational injuries and illnesses are sizable, at least as large as the cost of cancer. Workers’ compensation covers less than 25 percent of these costs, so all members of society share the burden. The contributions of job-related injuries and illnesses to the overall cost of medical care and ill health are greater than generally assumed."

Rabu, 18 Januari 2012

Hey Siri, Where Are the Words, Workers Compensation?

The recently released annual Apple Supplier Report discusses production safety and health issues of Apple's global international suppliers. Admitting many problems including health and safety violations, including an explosion at Foxconn's Chengdu factor because of aluminum dust, the report lacks a mention of a workers' compensation program.

Click here to read: Apple Supplier Responsibility report 2012

"We were deeply saddened by events at two of our suppliers in 2011. An explosion at Foxconn’s Chengdu factory tragically took the lives of four employees and injured 18 others. An explosion at the Ri-Teng (a subsidiary of Pegatron) factory in Shanghai injured 59.Immediately after each of these incidents, Apple reached out to the foremost experts in process safety and assembled teams to investigate the circumstances of each explosion. These teams made recommendations about how to prevent future accidents. While the causes of these two incidents—as well as many of the corrective actions taken afterward—were different, both explosions involved combustible dust. Many materials, including ones normally considered noncombustible, can burn rapidly when small particles are suspended in air in the right concentration and ignited. In both of the 2011 incidents, aluminum particles provided fuel for a blast."

Senin, 16 Januari 2012

Workers Injury Rights Blog Launched

The Workers' Injury Rights blog has been launched by the Law Office of Deborah G. Kohl of Fall RIver, Massachusetts. Attorney Deborah G. Kohl has focused her professional energies on workers’ compensation and disability law through her nearly 30 years in practice.

Attorney Kohl stated, "We started this blog because we are passionate about workers' compensation and workers' rights. It is a way to share some of what we've learned in our decades of legal experience with anyone concerned about workplace safety."

She is an active lecturer and author in the field, and has held several prestigious leadership positions, including serving as president of the Workers Injury and Law Advocacy Group. She is perennial listed in the publication Best Lawyers In America.

The lead article of the blog is entitled, "Workers' Compensation is all about Relationships," by Ryan Benharris. Mr. Benharrus stated, "Prevention of accidents should be the first step in establishing a successful workers’ compensation system."

Click here to visit: Workers' Injury Rights

Kamis, 12 Januari 2012

Top Disability Research Papers

The Social Science Research Network [SSRN] compiles published academic research papers and makes abstracts or the full articles available for download online. The database includes 376,944 abstracts, 308,704 full text articles and 177,289 authors, To date over 50,293,537 research paper downloads have occurred.

The TOP 4 Papers for the Journal of Disability Income & Work Injury Compensation eJournal hits for the last 90 days have been the following:

Rank		Paper Title
1		Pregnancy as 'Disability' and the Amended Americans with Disabilities Act Jeannette Cox, University of Dayton School of Law, Date posted to database: November 19, 2011 Last Revised: November 19, 2011
2		What Should We Do About Social Security Disability Appeals? Richard J. Pierce, George Washington University Law School, Date posted to database: November 8, 2011 Last Revised: November 8, 2011
3		What Can We Learn from Analyzing Historical Data on Social Security Entitlements? Joyce Manchester, Jae Song, Government of the United States of America - Congressional Budget Office (CBO), U.S. Social Security Administration, Date posted to database: November 4, 2011 Last Revised: November 4, 2011
4		The Complex World of Workers' Compensation and Pharmaceutical Benefits Jon L. Gelman, Attorney, Date posted to database: November 17, 2011 Last Revised: November 17, 2011 .....

For over 3 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.

The Law School's Roll in Workers' Compensation Law To Be Discussed

At the American Bar Association Midwinter Seminar & Conference, Co-sponsored by Tort, Trial and Insurance Practice Section and the Labor Law Section of the ABA, members of The College of Workers' Compensation Lawyers will present a special panel discussion addressing the issue of teaching workers’ compensation in the nation’s law schools. All of the panelists have experience as adjunct professors teaching workers’ compensation. The program is scheduled March 8-12, 2012 in San Antonio, Texas. They will review how many law schools are featuring a workers’ compensation course, how the panelists teach the subject, and they will also provide advice on how to lobby a law school to initiate such a course. The College members will be accompanied by a special guest from Texas, workers’ compensation hearing officer Hon. Patrice Squirewell-Jean, who has taught as an adjunct at Thurgood Marshall School of Law/Texas Southern University.

The College of Workers' Compensation Lawyers has been established to honor those attorneys who have distinguished themselves in their practice in the field of workers' compensation. Members have been nominated for the outstanding traits they have developed in their practice of twenty years, or longer, representing plaintiffs, defendants, serving as judges, or acting for the benefit of all in education, overseeing agencies and developing legislation.

To read more about the conference click here.

Rabu, 11 Januari 2012

Study Reveals Employer Fraud Is Rampant

Company owners fund lavish lifestyles with the money they steal through fraud.

A recent study of employer fraud published by Professor Leonard Jernigan, of NC Central University School of Law, reveals that employer fraud continues to be a major problem. Jernigan's latest report describes The Top Ten Cases of 2011.

Click here to read the report: $ Billions in Employer Fraud: Top 10 Cases of 2011
"Companies are cheating the government out of billions of dollars a year. It baffles me why we never hear about this, especially when, just by prosecuting these bad actors for defrauding the system, states could close large portions of their budget deficits without raising taxes or cutting spending, the overall cost of the workers’ compensation system would be lower, and costs to law abiding employers would be less."

Senin, 09 Januari 2012

On-Star To Predict Type & Extent of injuries

Image via WikipediaWorkers' Compensation is all about the results of injuries and new technologies may assist in evaluating claims and expediting treatment and awards. On-Star, the integrated system of General Motors (GM) that provides immediate reporting of accidents has announced that it will taking the next in the future. It will integrate the reporting system with data from the Centers for Disease Control and provide prediction data on the type and extend of injuries.

Expanding internationally, Shanghai OnStar Telematics Service Co., Ltd will officially provide vehicle safety telematics service for the vehicles manufactured and sold by SGM in China. These services will include the Crash Automatic Resort Service, Emergency Rescue, Remote Door Unlock, Turn-By-Turn Navigation and Vehicle Condition Reports, etc.

Click here to read more: GM OnStar will initiate the service of “Injury Prediction”

"The president of the OnStar claimed that: “the Injury Prediction service is a good substitution to the injury description by the vehicle owner who is injured seriously. This technology plays a part of virtual witness in the accident site. What is even more surprising is that the traffic accident and injury information acquired by this service is far more accurate than what is dictated by the witness. It is said that OnStar is going to officially provide this service from next year."

.....

Jumat, 06 Januari 2012

Huntsman Steps Up To Reform Workers' Compensation

John M. Huntsman, the Republican presidential dark-horse candidate from Utah, has his own agenda on attacking workers' compensation and disability benefits. Endorsed today by The Boston Globe, campaign spectators will need to keep a watchful eye on the race as the workers' compensation system is now becoming a major target of Presidential reform without a new substitute system in sight.

Read more about the platform of Jon M. Huntsman: Morning Feature: To Create Jobs, Subsidize Labor

"Huntsman says his plan is revenue neutral, so who would pay to subsidize investors? He says he’ll pay for it by eliminating deductions and loopholes. While some of those are corporate goodies that many progressives would like to see gone, Huntsman would also take away deductions and credits that help low- and middle-income families, such as exclusions on primary income Social Security benefits, veterans pensions and disability benefits, military combat pay, workers compensation payments, public assistance benefits, and employer-paid health insurance..."

Senin, 19 Desember 2011

The Top 10 Workers' Compensation Blog Posts for 2011

The Workers' Compensation Blog has made enormous strides this year. Over 80% of our readers have been new visitors. The blog readers, now spanning the globe, have rated the following posts as their top 10 favorites this year:

Jumat, 09 Desember 2011

Misrepresentation on Pre-Employment Application Not A Bar to Benefits

Brody J. Ockander

The Nebraska Supreme Court has ruled that an employee's misrepresentation on a pre-employment application did not act a defense to bar workers' compensation benefits. The employee failed to include all his prior injuries on the application.

Bassinger v. Nebraska Heart Hospital, (NE. 2011) Decided December 9, 2011.

Claimant's Attorney: Brody J. Ockander or Rehm, Bennett & Moore, P.C. L.L.O

"....we affirmed the Workers’ Compensation Court’s finding that the evidence was insufficient to show a causal connection between the driver’s misrepresentations and this subsequent accident."

"....We have previously explained that workers’ compensation laws reflect a compromise between employers and employees. Under these statutes, employees give up the complete compensation that they might recover under tort law in exchange for no-fault benefits that they quickly receive for most economic losses from work-related injuries. So we have consistently held that the act’s intent is to provide benefits for employees who are injured on the job, and we will broadly construe the act to accomplish this beneficent purpose."
read more...

The Times They Are Changing

This year fall athletics have seem to be taking center field reflecting the problems of an inadequate workers' compensation system. The issues of safety, compensatibility, venue, benefit rates and medical care, are symptoms of a greater problem and are becoming a catalyst for change.

Today, David DePaolo, the President & CEO of WorkCompCentral, has editorialized of the lack of the ability of the workers' compensation system to meet present needs is now a major concern and that generally workers' compensation is just no longer relevant.

Click here to read his recent post: Professional Sports and the Relevancy of Comp

"I see all of this as evidence that things are changing, and that the pace of change is quickening. Obviously such things don't change overnight, but I would wager that the work comp world is going to be a much different landscape in 20 years, or even 10."

Senin, 05 Desember 2011

NJ Bill Passes Assembly to Increase Awards for Hand and Feet Injuries

NJ Bill Passes Assembly to Increase Awards for Hand and Feet Injuries
The bill has been sent to Gov. Christie for signature.

NJ is one of the few state that does not follow the AMA Guidelines in determining disability. Disability is scheduled and based on complaints, functional loss and evaluation by the hearing official.

Identical Bill Number: S676
Last Session Bill Number: S639 (1R) A1581

This bill increases the amount of workers' compensation paid in certain cases for the loss of a hand, or thumb and first and second fingers (on one hand) or four fingers (on one hand) or a foot, as follows:

1. If a loss of function of a hand is determined to be a 25% or more loss of use, the award of workers’ compensation shall be calculated based on a maximum of 300 weeks of compensation for a 100% loss of function; and

2. If a loss of function of a foot is determined to be a 25% or more loss of use, the award of workers’ compensation shall be calculated based on a maximum of 275 weeks of compensation for a 100% loss of function.

Under current law, the maximum award for the loss of a hand is 245 weeks and the maximum award for the loss of a foot is 230 weeks.

Egan, Joseph V.   as Primary Sponsor
Evans, Elease   as Primary Sponsor
Wisniewski, John S.   as Primary Sponsor
Giblin, Thomas P.   as Primary Sponsor
Spencer, L. Grace   as Co-Sponsor

9/16/2010 Introduced, Referred to Assembly Labor Committee
11/28/2011 Reported out of Assembly Committee, 2nd Reading
12/5/2011 Substituted by S676

Statement - ALA 11/28/11 - 2 pages PDF Format    HTML Format
Fiscal Estimate - 12/5/11; as introduced - 3 pages PDF Format    HTML Format
Introduced - 9 pages PDF Format    HTML Format

Committee Voting:
ALA 11/28/2011 - r/favorably - Yes {6} No {2} Not Voting {0} Abstains {1} - Roll Call

The legislation was previously approved by the NJ Senate.

Identical Bill Number: A3166 Last Session Bill Number: S639 (1R) A1581 Sarlo, Paul A. as Primary Sponsor Gill, Nia H., Esq. as Primary Sponsor Egan, Joseph V. as Primary Sponsor Evans, Elease as Primary Sponsor Wisniewski, John S. as Primary Sponsor Giblin, Thomas P. as Primary Sponsor Scutari, Nicholas P. as Co-Sponsor Spencer, L. Grace as Co-Sponsor


1/12/2010 Introduced in the Senate, Referred to Senate Labor Committee 2/18/2010 Reported from Senate Committee, 2nd Reading 2/22/2010 Passed by the Senate (24-12) 2/25/2010 Received in the Assembly, Referred to Assembly Labor Committee 11/28/2011 Reported out of Assembly Committee, 2nd Reading 12/5/2011 Substituted for A3166 12/5/2011 Passed Assembly (Passed Both Houses) (59-15-4) Introduced - 9 pages PDF Format HTML Format Technical Review Of Prefiled Bill - 8 pages PDF Format HTML Format Statement - SLA 2/18/10 - 1 pages PDF Format HTML Format Fiscal Estimate - 3/1/10; as introduced - 2 pages PDF Format HTML Format Statement - ALA 11/28/11 - 2 pages PDF Format HTML Format Committee Voting: SLA 2/18/2010 - r/favorably - Yes {4} No {2} Not Voting {0} Abstains {0} - Roll Call ALA 11/28/2011 - r/favorably - Yes {6} No {2} Not Voting {0} Abstains {1} - Roll Call Session Voting: Sen. 2/22/2010 - 3RDG FINAL PASSAGE - Yes {24} No {12} Not Voting {4} - Roll Call

Jumat, 02 Desember 2011

NJ Legislation Seeks To Increase Counsel Fees

Practicing workers' compensation law is difficult work, and not usually economically rewarding. Most lawyers who handle claimant's work have a passion to help people. In most, if not many cases, the time and effort that an attorney puts into the case usually just doesn't offset fee paid in the case.

Gone are the days when scores of cases were adjudicated on a daily basis in most jurisdictions. Many factors have caused the system to shift from high gear to what seems like reverse. The manufacturing workforce has dwindled, conditions have become safer, a good thing, and reforms to the system have thrown in hurtles that appear insurmountable to obtain benefits. The tightening of recovery procedures by collateral sources have changed the flow, from a tidal wave of dispositions, to a dribble through the funnel.

Fewer and fewer attorneys now participate in workers' compensation claims, even though other areas of the legal economy have gone into the tank. Those who are remaining are attempting to be even more selective in what representation they undertake. With limited assets to invest there needs to be a an economic certainty for recovery more than ever.

Legislation has been introduced in NJ to expand the recovery of counsel fees. The Senate Labor Committee will meet on Thursday, December 8, 2011 at 10:00 AM in Committee Room 6, First Floor, State House Annex, Trenton, New Jersey discuss a pending bill to increase the base for benefits. S2446 Concerns attorney fees for workers' compensation awards.

"This bill requires that in cases in which a workers’ compensation petitioner has received compensation from an insurance company prior to any judgment or award, the reasonable allowance for attorney fees will be based upon the sum of the amount of compensation already received by the petitioner, and the amount of the judgment or award in excess of the amount of compensation already received by the petitioner. Currently, in cases in which a petitioner has received compensation prior to a judgment or award, a reasonable attorney fee is based upon only that part of the judgment or award that is in excess of the amount of compensation already received by the petitioner."

read more...

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