Workers' Compensation, workplace injury, workplace safety

The High Cost of Fat

Today’s post comes from guest author Thomas Domer, from The Domer Law Firm.

We have reported regularly on the impact of obesity on workers’ compensation (see WFW October 2005 “Diabetes and Work Injuries” Alan B. King, M.D. and WFW Winter 2009 “The Rising Impact of Obesity on Workers’ Compensation” book review).

A recent study in the Journal of Occupational and Environmental Medicine, the official publication of the American College of Occupational and Environmental Medicine, in September 2016 reported that obese and overweight workers are more likely to result in higher costs related to workers’ compensation claims, especially for major injuries.

In a study analyzing 2,300 workers in Louisiana, Dr. Edward Bernacki of the University of Texas—Austin found that workers’ compensation costs and outcomes for obese workers (defined as a Body Mass Index of 30 or higher) incurred higher costs related to their workers’ compensation claim. This study noted that after three years about 10% of claims for significant injuries were still open, meaning the worker had not yet returned to work. Obesity and overweight did not play a role in the delayed return to work. However, for workers with major injuries, overweight was associated with higher workers’ compensation costs. In the group with the higher Body Mass Index, costs averaged about $470,000 for obese workers, $270,000 for overweight workers compared to $180,000 for normal weight workers (with a Body Mass Index between 25 and 30). The study made adjustments for other factors including the high cost of spinal surgeries and injections and, after making the adjustment for these factors, obese or overweight workers with major injuries were twice as likely to incur costs of $100,000 or more. Significantly, Body Mass Index had no effect at all on costs for closed claims or less severe injuries.

Previous studies (including a study in the Journal of Occupational and Environmental Medicine in 2015 linked obesity to a higher rate of workplace injuries and a longer time off. However, the cost effects were not studied until this recent assessment. The new results indicate obesity is a significant risk factor for higher costs in major workers’ compensation injuries.

One significant finding in the study was that more than three-fourths of the workers’ compensation claimants were overweight or obese. Further studies are planned. Previous studies include those from the National Council on Compensation Insurance, Inc. (NCCI) “How Obesity Increases the Risk of Disabling Workplace Injuries”. Editor’s Note:  According to most studies, there is a strong correlation between Body Mass Index and injuries such as ankle fracture severity and increase risk of osteoarthritis. For workers’ compensation practitioners, one wonders whether these studies are a prelude to an assault on the “as is” doctrine. Each of us in our own practice can recognize some of the wide-ranging effects in costs of obesity, from special procedures for hospital treatment of obese patients such as open MRIs and more extensive surgical procedures to a reduced fuel economy in commercial vehicles due to fat drivers. Additionally, the cost of treatment for obese patients with work-related injuries increases the work-related injury potential to medical staff (lifting, transferring, etc.). Increasing admissions of severely obese patients leads to a corresponding increase in medical workplace injuries related to lifting and maneuvering obese patients. Workers’ compensation practitioners may see obesity as yet another “pre-existing condition” to surmount in future causation and extent of disability battles.

Boeing

Tell Your Boeing Story!

One Company, Many Stories

Be a part of the Boeing centennial celebration and ensure your story is captured for posterity — through your own words. 

Share your Boeing story

So many people have been part of Boeing’s history and have contributed to its success. We want to hear from you — employees, retirees, family members, customers, aerospace enthusiasts, travelers, suppliers, community partners and everyone in between.

The Boeing Company’s online story-sharing site is more than a place to reflect on stories of joy, challenge, triumph and humor. It also serves as a lasting reminder of our shared history with people around the world: All stories will become a permanent part of the Boeing Archives.

View stories — or tell yours — here.

 

Photo credit: ke9tv via Foter.com / CC BY

Minimum Wage

States Will #RaiseTheWage for More Than 2 Million Workers

By  on November 10, 2016 – –

It has been almost four years since President Obama called on Congress to increase the federal minimum wage. While Congress has refused to take action, this hasn’t dissuaded states and localities from stepping up and giving American workers the raises they need and deserve. Election Day was no exception. Voters in Arizona, Colorado, Maine and Washington cast their ballots to ensure that hard work is rewarded with a fair wage.

The resounding win for minimum wage ballot initiatives in these states will collectively result in nearly 2.2 million workers getting a raise.*

  • In Arizona, the minimum wage will be raised to $12 by 2020, lifting the earnings of 779,000 workers. Flagstaff passed an even bigger raise − $15 by 2021.
  • In Colorado, the minimum wage will be raised to $12 by 2020, lifting the earnings of 477,000 workers.
  • In Maine, the minimum wage will be raised to $12 by 2020, lifting the earnings of 181,000 workers.
  • In Washington, the minimum wage will be raised to $13.50 by 2020, lifting the earnings of 730,000 workers.

The Election Day results are another reminder that for most Americans, raising the minimum wage isn’t a partisan issue but rather a commonsense decision. Twenty-nine states and the District of Columbia – home to 61 percent of all U.S. workers − have minimum wage rates above the federal rate of $7.25.

Voters and policymakers in these states understand what labor economists have spent decades researching and confirming: minimum wage increases have caused little to no significant job loss, but they have reduced employee turnover, strengthened families’ finances, and ultimately helped grow our economy. As our economy continues to recover from the greatest economic crisis in generations, we should all share in the prosperity we are building. And there is no easier way to do that than by raising the minimum wage.

By casting their ballots for a fair wage, the residents of Arizona, Colorado, Maine and Washington renewed President Obama’s call to take action. It’s time raise the minimum wage for all workers in America.

Dr. Heidi Shierholz is the department’s chief economist.

*Source: The Economic Policy Institute.

Note: In Arizona and Washington, the approved minimum wage ballot initiatives also require employers to provide paid sick leave to their employees. Expanding access to paid sick leavehas been another top priority of the Obama administration, and these ballot victories will help thousands more workers be able to address their health needs without putting their or their families’ economic security at risk.

Wages

Minimum wage in Washington to increase 6 cents in 2017

The Washington State Department of Labor & Industries (L&I) announced today that the state’s minimum wage will increase 6 cents in 2017. The wage will rise to $9.53 an hour on Jan. 1.

L&I is responsible for calculating the state’s minimum wage each year in September as required under Initiative 688, which voters approved in 1998. The new wage is up from the 2016 minimum wage of $9.47 per hour. Some jurisdictions have approved local minimum wages that are higher than the state’s, including Seattle, Sea-Tac, and Tacoma.

The change reflects a 0.7 percent increase in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) over the last 12 months ending Aug. 31. The federal Bureau of Labor Statistics (BLS) announced the change this month. The index represents a “shopping basket” of goods needed for everyday living, including groceries, gas, and clothing.

The increase in the minimum wage is expected to affect nearly 51,000 workers, based on full-time equivalent jobs, according to theWashington State Employment Security Department.

The minimum wage applies to all jobs, including those in agriculture. Workers under 16 can be paid 85 percent of the adult minimum wage, or $8.10 an hour, in 2017.

L&I provides materials to help employers inform workers about minimum wage and their rights as workers. Employers are required to post a “Your Rights as a Worker” poster in the workplace, which supplies general information about employment issues. An optional minimum wage poster is also available for employers. Both are free from L&I.

L&I enforces the state’s wage-and-hour laws. The agency investigates all wage-payment complaints. More information on Washington’s minimum wage is available on L&I’s wages webpage. Employers and workers may also call 360-902-5316 or 1-866-219-7321.

 

Photo credit: Denis Bocquet via Foter.com / CC BY

Uncategorized

50-State Survey Finds Slower Growth in Total Medicaid Spending Nationally in FY 2016 and Projected for FY 2017 as Earlier Increases from the Affordable Care Act’s Coverage Expansions Taper Off

Today’s post was shared by Jon L Gelman and comes from kff.org

After record increases in fiscal year 2015, growth in Medicaid enrollment and total Medicaid spending nationally slowed substantially in FY 2016 and are projected to continue to slow in FY 2017 as the initial surge of enrollment under the Affordable Care Act’s coverage expansions tapered off, according to the 16th annual 50-state Medicaid Budget Survey by the Kaiser Family Foundation’s Commission on Medicaid and the Uninsured. Despite recent trends, Medicaid officials identified high cost and specialty drugs as an upward pressure on total Medicaid spending.

medicaid_survey_png

The Kaiser survey also shows an increase in state Medicaid spending growth in FY 2017 tied to the requirement for the 32 Medicaid expansion states (including Washington, DC) to start paying a five percent share of expansion costs beginning January 1, 2017. The federal government paid 100 percent of the expansion costs in 2014-2016.

Among expansion states, the median growth in state Medicaid spending is projected to be 5.9 percent in FY 2017 (higher than the national average of 4.4%), up from 1.9 percent in FY 2016 (lower than the national average of 2.9%). For non-expansion states, state Medicaid spending is projected to increase by 4 percent in FY 2017 (just below the national average), compared to 3.9 percent in FY 2016 (above the national average). Total Medicaid spending and enrollment growth in expansion states outpaced growth in non-expansion states in FY 2016 and are projected to do so again in FY…

[Click here to see the rest of this post]

Reform, Workers' Compensation

Workers’ Compensation ‘Reform,’ Profits: What NCCI Shared

Today’s post comes from guest author Rod Rehm, from Rehm, Bennett & Moore.

Workers’ compensation laws are under constant attack by “reformers” from industry, insurance and self-insureds. NCCI is the National Council on Compensation Insurance, a group that participates in many aspects of workers’ compensation, including setting premiums. The NCCI recently released presentations regarding big issues in workers’ compensation, including information about prescription drug cost-control (listed first below) and an insurance industry financial review (listed last below). These presentations were part of the NCCI’s 2016 Annual Issues Symposium. 

These presentations are interesting. I recommend reviewing them for a snapshot of our current workers’ compensation system in America. The financial review link (“Shape of Things to Come … ” above) shows  high net income for the  insurance industry. Is the constant pressure to “reform” workers’ compensation law fair and reasonable? Is maximizing profit for the insurance industry more important than fair compensation of worker injury and death?

Courts

OUR SUPREME COURT: NOT FOR SALE

Usually, judicial elections are sleepy affairs. This is not one of those years, especially when it comes to our state’s Supreme Court.

All six candidates are good public servants – but three have not proven their qualifications for this office. The most contested race is for Justice Charlie Wiggins’ seat. We believe we should keep Justice Wiggins on the bench. We also urge support for Justice Yu and Chief Justice Madsen. 

Justice Wiggins has over 30 years of appellate experience, before election to the Supreme Court in 2010, as a judge on the Court of Appeals and as pro tem judge for the Superior Court. And in less than six years on the bench, he has authored over 110 judicial opinions. 

He has been a leading voice for judicial independence in our state and worked to support campaign contribution limits in state judicial elections. He chaired the committee to update the Civil Legal Needs Study and has been an advocate for meeting those needs. He has, in short, been the Justice we need.

We encourage you to support Justice Wiggins and to watch and share this positive video with your friends, family and colleagues. 

What is the Washington State Association for Justice?

This Newsletter – Fighting for Justice – is designed to bring you the latest issues facing our civil justice system in Washington and in our country – including other’s attempts to dismantle it and our efforts to protect it.

Our Mission: We stand up in the courtroom and in the halls of government for real people. We defend your Constitutional rights, including the right to have your day in court. We hold corporate and other powerful interests accountable. We are a community, creating and sharing the resources for our members to secure justice.

Our Membership includes 2,500 attorneys and legal professionals in communities large and small around Washington State. As trial lawyers, we fight for justice for citizens everyday in court. Our legislative team in Olympia is devoted to continuing the fight to ensure that citizens retain their civil justice rights.

Sincerely, 

Washington State Association for Justice

loss of sense of smell, loss of sense of taste, olfactory nerve, permanent injury, Workers' Compensation

Can I Get Workers’ Comp Benefits For My Loss of Sense of Taste and Smell?

Today’s post comes from guest author Kristina Brown Thompson, from The Jernigan Law Firm.

What is your sense of smell and sense of taste worth to you? These senses are truly priceless. In a medical malpractice case, the plaintiff – a chef – was awarded $1.5 million in damages when he lost his sense of taste following a tonsillectomy when the surgeon failed to disclose that this was a risk.

 

Unfortunately, sometimes an injured worker may suffer a head injury or other type of injury that causes him or her to lose his/her sense of smell and/or taste. While no amount of money will ever make a person whole after losing one of their senses, North Carolina workers’ compensation law allows for an injured worker to be awarded some compensation for the loss of sense of smell and taste if the loss was a result of compensable workplace injury. Under North Carolina General Statute § 97-31(24), the “loss or permanent injury to any important organ or part of the body for which no compensation is payable under any other subdivision of this section. . .”. The maximum award for the loss of both senses (combined) is capped at $20,000 in North Carolina.

 

North Carolina law treats the “loss of sense of taste and smell” as the loss of an important internal organ.” See Cloutier v. State, 57 N.C. App. 239, 291 S.E.2d 362 (1982).  In 1997, the North Carolina Court of Appeals (Bess v. Tyson Foods, Inc., 125 N.C. App. 698, 482 S.E.2d 26 (1997) held that the injured worker was entitled to compensation for permanent damage to the olfactory organ but not for compensation for two separate compensable injuries. As a result, in North Carolina the most a plaintiff can receive for losing his or her sense of taste and smell is $20,000.

 

Based on a brief look at other states, it appears that many states do not compensate injured workers for their loss of sense of taste or smell at all. When compensation is allowed, the states have compensation caps less than North Carolina’s cap.  For example, Connecticut allows 17 weeks (max) compensation for loss of sense of taste, and 17 weeks (max) for loss of sense of smell. Minnesota allows a 1% disability rating for total loss of taste and 1% rating for total loss of sense of smell. Washington caps the total body impairment for the loss of taste and smell at 3% (or a max award of $5,977.41). Finally, Wisconsin has a cap of 2.5% for permanent total disability for losses of taste and smell. 

health insurance

ACA Health Insurance Open Enrollment Begins November 1st

In Washington State, we have a healthcare exchange at www.wahealthplanfinder.org. If this is your first time obtaining health insurance through the WA State exchange, a little preparation and planning will help you through the process.  Gather the documents and information you will need to complete your online application.

Download a checklist of information you will need to apply.

Set aside time to work on your application.  Early morning or late evenings may be less busy and allow faster progress through the application program. Note that the website is down overnight from 10:00 pm to 2:00 am daily.  As you work through the application, save your work.  If you need, you can return to the application to complete it at a later time. 

Quick Tips for Completing the Application.

Workers’ Compensation Benefits are Not Taxable Income. Do NOT over-report your income by including time loss compensation in your in application.  You may qualify for insurance for you and your family at a much lower cost while you are receiving time loss compensation benefits.

Savings are based on your expected household income for the year you want coverage, not last year’s income. The exchange uses an income number called modified adjusted gross income (MAGI) to determine eligibility for savings. It’s not a line on your tax return.

See what’s included in MAGI and how to estimate it.

You can get free, in-person help from a navigator or broker. They can help you fill out the application and enroll in coverage. Search for a navigator or broker by your zip code or language preference. You can also call the Customer Support Center at 1-855-923-4633 for help with the application process.

Photo credit: ccPixs.com via Foter.com / CC BY

Published by Causey Wright