Selasa, 08 November 2011

Top Workers Compensation Blogs for 2011


This blog has again been honored by its 2011 selection into the top 25 worker's comp blogs in the country by LexisNexis. This is our fourth year in a row. But I really liked what they said about this blog because it brings home the point that good writing about this tough area need not be boring at all and perhaps even worthwhile to our readers. Here from the LexisNexis website is what was said:

" Who says workers' comp writing has to be boring? Colorado Workers' Comp Blog, offered by Colorado Springs Attorney Richard Falcone, is an excellent example of an attorney who writes with depth and clarity, all the while sprinkled with flair and even humor. Falcone, who writes from the perspective of the injured and disabled worker, continues to provide readers with commentary and analysis. Falcone's September 16, 2011 post, entitled "New Court Case on Medical Benefits," and his May 13, 2011 article, "Munoz Court Case on DIME waiver," sift through complex medical issues with relative ease. He also enjoys the hypothetical-his February 4, 2011, "Does Charlie Sheen Have a Workers' Comp Claim," reacts to a whimsical question posted on a satirical blog, "the Spoof," regarding the antics of the former star of television's Two and a Half Men."
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Senin, 07 November 2011

Green Buildings May Not Be Safe Buildings

"The US Green Building Council (USGBC) sponsored LEED green building program represents the largest program in the United States for the measurement, verification, and certification of green buildings. A recent study found that LEED certified buildings have accounted for a higher injury rate than comparative traditional non‐LEED buildings. 

"This finding served as the impetus for the present study, which aimed to identify and evaluate the safety and health risks associated with the design elements and construction management practices implemented to achieve LEED certification. To explore this topic, six detailed case studies and two validation case studies were conducted following a strict protocol developed from guiding literature. 

The results indicate that:
(1) workers on LEED construction projects are exposed to work at height, with electrical current, near unstable soils, and near heavy equipment for a greater period of time than on traditional projects; 
(2) workers are exposed to new high risk tasks such as constructing atria, installing green roofs, and installing photovoltaic (PV) panels; and 
(3) some credits result in a positive impact on construction worker safety and health when low VOC adhesives and sealants are specified. It is expected that these results can be used by practitioners to focus attention and resources on new high risk work environments.

Identification of Safety Risks for High Performance Sustainable Construction ProjectsJournal of Construction Engineering and Management doi:10.1061/(ASCE)CO.1943-7862.0000446
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.
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Social Security Disability: Get the Evidence You Need

Guest Blog by by Roger Moore a member of the Nebraska Bar

Take the right steps to make sure this doesn't happen to you!
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 insurance.
Without regular medical care, it’s difficult to develop a relationship with a doctor that is strong enough that the doctor can complete a report on your health. Even if your disability is very real, proving it in Court can still be a hard thing to do. However, without medical insurance, most doctors won’t see a patient.
SOLUTION: In Nebraska there are some free clinics where you can be seen by a doctor even if you cannot afford to pay. To find a free clinic near you, contact your local health department. Anyone planning on applying for Social Security Disability should try to develop a relationship with a doctor by seeking regular medical care as often as possible.
PROBLEM 2: Many applicants don’t have the right kinds of conversations with their doctors about their disabilities.
Doctors are mainly concerned with your symptoms and how they can help you get well. They aren’t necessarily focused on the kinds of things they’ll need to know to help you with your Social Security Disability claim. To fill out a report for your claim, they’ll need to know exactly how much you can and cannot do.
While your attorney may invite your doctor to schedule an appointment with you so that they can gather the correct information, doctors often do not do this, and may complete your report with incomplete knowledge of your physical condition.
SOLUTION: It is important for you to educate your doctor about your limitations every time you see them, so that when they have to fill out a disability report, they will have a basis of knowledge to complete the report with.
Whether your disability is physical, mental, or some combination of the two, make sure to give your doctor specific examples of your limitations each time you see them. Talk to your doctor about what you can and cannot do such as:
  • how much you can lift,
  • how long you can stand for,
  • how much you can do with your hands,
  • or how easily you can handle social interactions.
Take the right steps to make sure that you get the evidence you need to support your Social Security Disability claim!
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Sabtu, 05 November 2011

Administrative Law Judge Orders for September 2011

I have indicated in the past that the Office of Administrative Courts will post just about all the orders issued in the state of Colorado following hearings in workers compensation cases. In September they posted the orders and it covers some 470 pages. I skimmed through all of them and many are quite interesting reads. A great many of them involve medical legal issues so they have opinions by numerous doctors. In one early case I counted 8 doctors. Often such cases involve causality questions pertaining to whether or not a claim is work related or questions regarding treatment. I should remind claimants to discuss all your complaints at every visit with the doctor. In my experience some of the doctors do not document as we would expect them to do. As such you can provide the doctor with your history in writing if need be. By history I mean a dated statement of your current problems which you bring to your doctor each visit. Always make a copy for your records. This can prevent any misunderstandings later on. In at least one of these cases it appears the claimant asserted he was telling and telling the doctor at every visit something which never was noted by the doctor. Of course the decision went against the claimant on that point. I have had clients take a written history into their doctor every time just to keep all the details accurate. A failure to complain can be assumed to mean an absence of pain or limitation. Anyway these cases tell us what sorts of issues are going to hearing in Colorado.
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Kamis, 03 November 2011

US Announces Effort to Prevent Emergency Responders From Occupational Illness

The National Institute for Occupational Safety and Health (NIOSH) and partners in the U.S. Centers for Disease Control and Prevention (CDC) today announced revised and updated resources to help prevent exposures of emergency response employees to potentially life-threatening infectious diseases in the line of duty.
The resources include:
  • A list of potentially life-threatening infectious diseases, including emerging infectious diseases, and specifying those diseases routinely transmitted through airborne or aerosolized means.
  • Guidelines describing the circumstances in which emergency response employees may be exposed to such diseases while attending to or transporting victims of emergencies.
  • Guidelines for medical facilities making determinations whether such exposures have occurred.
The action was taken as a result of provisions in the Ryan White HIV/AIDS Treatment Extension Act of 2009. In the reauthorization, Congress directed the U.S. Department of Health and Human Services to update resources originally compiled under the Ryan White Comprehensive AIDS Resources Emergency Act, enacted in 1990.
The Secretary of Health and Human Services delegated the task to CDC. NIOSH and CDC’s Division of Healthcare Quality Promotion (DHQP) worked together to develop the required list and guidelines, incorporating input from stakeholders that was received via a public comment process. NIOSH was created under the Occupational Safety and Health Act of 1970 and is a part of CDC.
The updated list of potentially life-threatening infectious diseases which emergency response employees occupationally may be exposed include all that were in an earlier list under the 1990 Ryan White Act:
  • Diphtheria
  • Hepatitis B
  • HIV, including AIDS
  • Tuberculosis
  • Viral hemorrhagic fevers
  • Meningococcal disease
  • Plague, pneumonic
  • Rabies
New additions include:
  • Anthrax, cutaneous
  • Novel influenza A and other influenza strains with pandemic severity index greater than or equal to 3.
  • Hepatitis C
  • Measles
  • Mumps
  • Pertussis
  • Rubella
  • Severe acute respiratory syndrome (SARS-CoV)
  • Smallpox
  • Vaccinia
  • Varicella disease
  • Select agents
The notice of the action and further details can be found at http://www.gpo.gov/fdsys/pkg/FR-2011-11-02/html/2011-28234.htm

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OSHA: Corporate Fraud Contributed To Nation's Economic Problems

The U.S. Department of Labor's Occupational Safety and Health Administration will publish interim final rules in the Nov. 3 Federal Register that revise the regulations governing whistleblower complaints filed under the Sarbanes-Oxley Act of 2002. The act protects employees of publicly traded companies and their subsidiaries, and of certain other employers, from retaliation for reporting mail fraud, wire fraud, bank fraud, securities fraud, violations of SEC rules or regulations, or violations of any provision of federal law relating to fraud against shareholders. OSHA is requesting public comment on the interim final rule.
"Fraudulent practices by publicly held corporations have contributed to the economic difficulties currently facing our nation," said OSHA Assistant Secretary Dr. David Michaels. "The best way to prevent this from happening in the future is to ensure that workers feel free to blow the whistle on corrupt corporate practices without fear of retaliation, and OSHA is committed to protecting the rights of those workers to speak out."
The whistleblower protection provisions of SOX were amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to clarify that subsidiaries of publicly traded companies are covered employers under the statute, and to add nationally recognized statistical rating organizations as covered employers. The 2010 amendments to SOX also extended the statute of limitations for filing a complaint from 90 to 180 days, among other changes. The new interim final rules implement these changes and aim to improve OSHA's procedures for handling complaints under SOX.
Among the changes to improve the complaint filing process, the revised rules will allow SOX complainants to file complaints orally and in any language, and enhance the sharing of information between parties throughout the investigation.
"The ability of workers to speak out and exercise their legal rights without fear of retaliation is crucial to many of the legal protections and safeguards that all Americans value," said Dr. Michaels. "In a continuing effort to improve the Whistleblower Protection Program and make the filing process easier, the rules have been updated to reflect the changes required by the statute."
The interim final rule can be viewed at http://s.dol.gov/JN. Comments, which must be received by Jan. 3, 2012, may be submitted electronically via the federal e-rulemaking portal at http://www.regulations.gov, or by mail or fax. Faxed submissions, including attachments, must not exceed 10 pages and should be sent to the OSHA Docket Office at 202-693-1648. Comments submitted by mail should be addressed to the OSHA Docket Office, Docket No. OSHA-2011-0126, U.S. Department of Labor, Room N-2625, 200 Constitution Ave. NW, Washington, D.C. 20210.
OSHA enforces the whistleblower provisions of the Occupational Safety and Health Act and 20 other statutes protecting employees who report reasonably perceived violations of various workplace, commercial motor vehicle, airline, nuclear, pipeline, environmental, railroad, public transportation, maritime, consumer product, health care reform, corporate securities, food safety and consumer financial reform regulations. Additional information is available at http://www.whistleblowers.gov.

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Selasa, 01 November 2011

GAO Deals Major Blow to Asbestos Manufacturers

Report counters efforts from U.S. Chamber and its corporate allies to deny recourse to workers and consumers dying from asbestos exposure
The U.S. Government Accountability Office (GAO) released a report – requested by House Judiciary Chairman Lamar Smith – detailing the role and administration of asbestos trusts.  The report refutes claims made by the U.S. Chamber and asbestos manufacturers, finding that the trusts are transparent and have measures in place to prevent fraud.
The following is a statement from American Association for Justice President Gary M. Paul:
“Tens of thousands of American workers and their families have died from asbestos exposure, a product that is still legal in the U.S.  Asbestos manufacturers should be ashamed of their efforts to prevent these people from obtaining recourse through the trust system. 
“This GAO report shows that the U.S. Chamber and its asbestos allies have severely misplaced priorities.  Their insistence on a GAO study of this issue has backfired, as it found that these trusts are transparent and protect the interests of Americans suffering from asbestos-related diseases.
“The GAO has found what we knew all along: this attack on asbestos trusts is just the latest attempt to shield asbestos manufacturers that knowingly killed their workers for decades.”
The GAO report found the following:
  • As early as 1900, asbestos was recognized as a cause of occupational disease.  By 1960, the connection between asbestos and mesothelioma was established.
  • Most trusts cannot pay the full value of a claim. As a result, trusts determine a payment percentage, a fraction of the full value that can be paid to present claimants in order to maintain sufficient assets for present and future claims.
  • 98 percent of the trusts reviewed by the GAO required a claims audit program.  Of the trust officials interviewed that conducted audits, none indicated that these audits had identified cases of fraud.
  • Each of the 47 trust annual financial reports for 2009 and 2010 that GAO obtained and reviewed included the total amount of payments made by the trusts and most included the total number of claims received and paid.
  • Asbestos defendants can readily obtain additional information related to trusts or claimants through direct requests to the trust or by way of court-ordered subpoenas.
  • Similar to the Federal Rules of Civil Procedure, state civil procedure rules generally protect the confidentiality of settlement negotiations.  This underscores that the federal government (in particular U.S. Congress) has no reason to meddle in this matter of state law and civil procedure.
The plaintiff attorneys interviewed in the RAND study stated that all of the potentially relevant information in the trusts’ possession is available to the defense through pretrial discovery and emphasized that the trusts are analogous to any other settling party and related negotiations and payments are privileged.
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.

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