Today’s post was shared by Workers Comp News and comes from www.jdsupra.com
Executive Summary: Rejecting Freehold Township’s claim the entire case was barred by the federal Controlled Substances Act (CSA), a workers’ compensation judge ruled the municipality must reimburse its employee for the cost of medical marijuana to treat his work-related injury. This contrasts with a recent decision from Maine’s highest court, which held that compliance with an administrative order compelling an employer to subsidize an employee’s use of medical marijuana constitutes aiding and abetting, which is a violation of the CSA.
Analysis: On June 28, 2018, Workers’ Compensation Judge Lionel Simon heard an application by Steven McNeary asking the court to compel Freehold to reimburse him for his medical marijuana purchases. Though McNeary met all criteria to obtain and use medical marijuana under New Jersey’s Compassionate Use Medical Marijuana Act (CUMMA), Freehold refused, claiming it would be violating federal law if forced to pay for McNeary’s use of a controlled substance. Judge Simon rejected that argument, finding no conflict between the CSA (designed “to curtail the use and distribution of illicit narcotics for the purposes of the overall general public health”) and the CUMMA (which promotes a “safer, less addictive” treatment for pain).
Judge Simon considered and distinguished Bourgoin v. Twin Rivers Paper Co., LLC, 2018 ME 77 (2018). There, the appellate court affirmed a workers’…
Arvato North America has notified the Washington State Employment Security Department that they will be laying off 168 workers in the Yakima area effective September 28, 2018 due to a closure of their facility.
Arvato opened the customer care center in Yakima in January, 2013 after a search for a suitable home for the venture. The announcement at the time of the opening stated that Yakima was selected by Arvato after conducting an extensive evaluation of communities across the country.
Staff from the local rapid response team and WorkSource center will perform outreach to employees of the organization to ease the transition.
National paid family leave debate highlights Washington’s new “best-in-the-nation” program.
OLYMPIA, WA – A U.S. Senate Finance subcommittee hearing related to paid family leave last week brought renewed attention to Washington’s upcoming Paid Family and Medical Leave Program. This statewide insurance program is currently under development at the Employment Security Department (ESD). As laid out in bipartisan legislation, passed in the 2017 legislative session, premium collection begins Jan. 1, 2019 and benefits become available Jan. 1, 2020.
“Our state is leading the way on paid family leave policy by creating the most business- and worker-friendly program in the U.S., and we’re excited to see this issue being discussed at the national level,” said ESD’s commissioner, Suzi LeVine. “I am proud to lead the organization building a program that will ensure workers in this state won’t have to choose between collecting a paycheck and putting family first.”
When fully implemented in 2020, Paid Family and Medical Leave will allow working Washingtonians to take up to 12 weeks of paid leave, as needed, to care for themselves or a family member in times of serious illness or injury, for certain military connected events or as parental leave to bond with a new child coming into the family. The program is funded through premiums paid by both employees and employers, and with few exceptions, most Washington workers and businesses will participate in the Paid Family and Medical Leave Program.
“Whether you work part-time, in multiple jobs, for a small business or a large corporation, by 2020 almost anyone working in this state will be able to take necessary time off to care for themselves and their loved ones. We have also talked to many employers who are excited to be able to soon offer this benefit when they otherwise couldn’t afford to do so,” LeVine said.
Washington’s program is unique in many ways, including having the highest rate of wage replacement for workers of any similar program in the U.S., business assistance grants that provide financial help to small and mid-sized employers when workers take leave, and portability of the benefit for those who work multiple jobs or change employment. Washington is also leading the nation as the first state to create a Paid Family and Medical Leave program without an existing statewide or temporary disability program in place. With the exception of Hawaii, all other states will be required to follow Washington in building a Paid Family and Medical Leave program from the ground up, should they pass similar legislation.
In written testimony submitted to the Senate subcommittee, LeVine noted there are many benefits of paid family and medical leave to both workers and employers. These benefits include better health outcomes from newborns and their parents, reduced costs and lower staff turnover for businesses, and improved health outcomes for the elderly when they have a family member helping with their care.
“Washington’s best-in-the-nation program is a testament to the good that comes from everyone having a voice in the discussions around paid family and medical leave,” LeVine added. “Because whether you need back surgery, time to care for a family member with cancer or the opportunity to welcome a child into the family, everyone will need to use Paid Family and Medical Leave at some point.”
Senator Bernie Sanders (I-VT) and Representative John Larson (D-CT) recently introduced legislation to ensure that the Social Security Administration (SSA) has the resources it needs to provide beneficiaries with the services and support they deserve. The Social Security Administration Fairness Act (S.3147/H.R. 6251) establishes a set funding level for SSA equal to a percentage of the overall benefit payments the agency pays out. The legislation would also impose a moratorium on Social Security field office closures to halt the loss of additional field offices.
In addition, the legislation would also assist those eligible for or receiving disability benefits. Currently, those approved for Social Security Disability Insurance benefits are subject to a five-month waiting period before they can receive disability benefits and must wait two years before they are eligible for Medicare. This delay in disability or health care benefits can be detrimental for people already dealing with the effects of a serious disability, in addition to other health problems. Sanders’s legislation would eliminate these waiting periods for disability recipients, allowing them to immediately access disability benefits and Medicare coverage.
Co-sponsors to this legislation in the Senate are Senators Elizabeth Warren (D-MA), Kirsten Gillibrand (D-NY), Jeff Merkley (D-OR), Cory Booker (D-NJ), Sheldon Whitehouse (D-RI), and Brian Schatz (D-HI). The corresponding legislation in the House of Representatives has over 30 co-sponsors.
We’ll be tracking and reporting on any progress on the bill. Advocates can show their support for the bill by writing or calling their Member of Congress and asking them to sign on in support or thanking them for co-sponsoring.
An Edmonds, Washington based asbestos removal contractor has been cited by the Washington Department of Labor & Industries (L&I) for multiple willful safety violations for improper handling of asbestos. Along with the citations, the company faces fines totaling $229,700.
L&I has cited Above & Beyond Asbestos Removal in connection with two separate inspections. Along with citing and fining a company, L&I may also decertify an asbestos contractor for multiple willful violations. This company is under review.
“This company has demonstrated a continuous indifference to Washington’s asbestos handling rules which protect workers and the public from harm,” said Anne Soiza, L&I’s assistant director for the Division of Occupational Safety and Health. “This fine delivers a clear message that asbestos is a deadly hazard and we won’t tolerate any company that doesn’t follow the rules to keep the public and workers safe.”
Asbestos is extremely hazardous and can cause potentially fatal diseases like asbestosis, mesothelioma and lung cancer. Only a certified abatement contractor that follows the specific asbestos related safety and health rules may remove and dispose of asbestos-containing building materials.
The two recent inspections of Above & Beyond each uncovered several similar violations. One worksite involved the emergency removal of boiler insulation in a Seattle apartment complex, and the other concerned the removal of asbestos popcorn ceiling material in a single-family residence.
In both cases, the workers did not use proper safety equipment, required air sampling was not performed, and asbestos-containing material was left exposed to the public and was improperly taken through public areas. Asbestos-containing dust can harm both workers and the public until it is eliminated.
The two inspections resulted in multiple willful and serious violations. A willful violation is one where L&I finds evidence of plain indifference or an intentional disregard to a hazard or rule.
Above & Beyond has been cited in the past for similar violations and has been identified by L&I as a severe violator — a designation that carries consequences, such as follow-up inspections at any of their facilities or sites that could have similar hazards.
The employer has 15 business days to appeal the citations.
Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping injured workers and families of those who have died on the job.
For a copy of the citations, please contact Public Affairs at 360-902-5413.
Washington’s average annual wage grew by 5.0 percent in 2017 to $61,887, according to the state Employment Security Department—representing the largest percentage increase year over year since 2007.
The average weekly wage rose from $1,133 in 2016 to $1,190 in 2017. These figures include only those wages that are covered by unemployment insurance.
Much of the increase was driven by a 7.7 percent increase in total earnings, which grew by nearly $14.1 billion in 2017. Overall, the average number of workers in Washington covered by unemployment insurance grew by just over 81,790 in 2017.
The industries with the largest average wage growth in 2017 were retail trade, up 14.5 percent; information, up 8.2 percent; and accommodation and food services, up 6.9 percent.
The average annual wage is used to calculate unemployment benefits for jobless workers. The minimum weekly unemployment benefit, calculated at 15 percent of the average weekly wage, will increase by $9 to $178, for new claims opened on or after July 1. At the same time, the maximum weekly benefit, which is the greater of $496 or 63 percent of the average weekly wage, will increase by $36 to $749.
Currently, about 20 percent of unemployment insurance claims are paid the maximum benefit amount, and 10 percent receive the minimum.
In addition to unemployment benefits, the average annual wage is used in computing employers’ unemployment taxes. Beginning in 2019, employers will pay unemployment taxes on the first $49,800 paid to each employee—up from $47,300 in 2018.
The state average wage also is used by the Department of Labor & Industries in calculating worker’s compensation benefits.
Web link: Employment Security Department – www.esd.wa.gov
Smithsonian Magazine reports that flight attendants are exposed to a number of possible or probable cancer-causing factors that may lead to an increased risk for many cancers.
A new study has found that American flight attendants are more likely than the general population to develop several cancers, including breast cancer, melanoma and non-melanoma skin cancer.
According to Alice Park of Time, the new report, published recently in the journal Environmental Health, is based on data collected by the Harvard Flight Attendant Health Study (FAHS), which was launched in 2007. The researchers behind the study sought to shed light on an understudied occupational group. Though flight attendants are frequently exposed to a number of possible or probable cancer-causing factors—like sleep disruptions, radiation, and pesticides and other chemicals in the cabin—the long-term effects of this exposure have not been well documented.
Between 2014 and 2015, researchers studied 5,300 flight attendants through surveys that were disseminated online, via mail and in person at airports. The surveys asked respondents about flight schedules and cancer diagnoses. The researchers then compared the responses to the health status of 2,729 non-flight attendant adults with similar socioeconomic backgrounds, using data from the National Health and Nutrition Examination Survey (NHANES), which surveys around 5,000 Americans each year.
The comparison revealed higher rates of uterine, cervical, breast, gastrointestinal, thyroid and melanoma cancers among flight attendants. The disparity was especially pronounced with breast, melanoma and non-melanoma cancers. Flight attendants had more than double the risk of developing melanoma, and more than quadruple the risk of developing non-melanoma cancers. They were also 51 percent more likely to develop breast cancer than the general population.
To the researchers’ surprise, they found a higher risk of breast cancer in female flight attendants with three or more children; typically, a woman’s risk of breast cancer decreases as she has more children.
“This study is the first to show higher prevalences of all cancers studied, and significantly higher prevalences of non-melanoma skin cancer compared to a similarly matched U.S. sample population,” lead study author Eileen McNeely of the Harvard T.H. Chan School of Public Health tells Lisa Rapaport of Reuters. McNeely also notes that “[n]on-melanoma skin cancer among women increased with more years on the job, suggesting a work-related association.”
Today’s post was shared by Jon L Gelman and comes from workers-compensation.blogspot.com
Last night I had the opportunity of viewing the newly released movie, RBG .an insightful and inspiring documentary about the awesome career of Justice Ruth Bader Ginsburg.
On January 17. 973, Justice Ginsburg, then a Rutgers University Law Professor, argued her first case before the US Supreme Court. She advocated for equality and that workplace benefits should not be the subject of sex discrimination. It began her career-long effort to end sex discrimination not only in the workplace but in all aspects of life.
Frontiero v. Richardson, 411 U.S. 677 (1973), was a landmark United States Supreme Court case that held that benefits given by the United States military to the family of service members cannot be given out differently because of sex.
Justice Ruth Bader Ginsburg stated at oral argument:
"Mr. Chief Justice and may it please the Court.
Amicus views this case as kin to Reed v. Reed 404 U.S. The legislative judgment in both derives from the same stereotype.
The man is or should be the independent partner in a marital unit.
The woman with an occasional exception is dependent, sheltered from breadwinning experience.
Appellees stated in answer to interrogatories in this case that they remained totally uninformed on the application of this stereotype to serve as families that is they do not know whether the proportion of wage-earning wives of servicemen is small, large, or middle size.
What is known is that by employing the sex criterion, identically situated persons…
Today’s post was shared by Jon L Gelman and comes from www.huffingtonpost.com
Employers who stiff their workers or discriminate against them just got a big lift from the Supreme Court, which issued a major ruling Monday making it easier for companies to avoid employee lawsuits.
The 5-4 ruling upheld employers’ use of class-action waivers in arbitration agreements. By signing these controversial provisions, workers give up their right to band together and sue in court for back pay or damages, and are instead forced to take their disputes to arbitrators individually.
Arbitration agreements have become a common way for employers to stifle lawsuits that could lead to large plaintiff classes and big payouts. Workers backed by employee groups and labor unions challenged their employers’ use of these agreements, claiming they ran afoul of the National Labor Relations Act, or NLRA, which guarantees workers the right to join forces in “mutual aid and protection.”
The employer-friendly conservative majority on the court decided against the workers. They ruled that collective bargaining law does not supersede federal law that established the arbitration process, therefore making the class-action waivers in employment contracts legitimate.
Justice Neil Gorsuch wrote the opinion for the conservative majority, saying Congress did not write the NLRA to “displace” federal arbitration law.
“The policy may be debatable but the law is clear: Congress has instructed that arbitration agreements like those before us must be…
Today’s post was shared by Jon L Gelman and comes from www.ewg.org
Fifty-five nations have banned all uses of asbestos. Shockingly, the U.S. isn’t one of them. The nation’s new toxics law gives the Environmental Protection Agency the power to completely ban the notorious killer, but the chemical industry is pushing for continued exemptions for some uses.
The EPA is expected to release a key document detailing how the agency plans to evaluate the risk of asbestos soon. But the current scope of the EPA’s so-called problem formulation document doesn’t even call for evaluation of the risk of a particularly dangerous type of asbestos that’s in the insulation of an estimated 30 million homes.
Such insulation is only one of the sources through which Americans can be exposed to asbestos. Investigations by the Asbestos Disease Awareness Organization, or ADAO, and EWG have found that even some children’s toys and makeup contain asbestos-contaminated talc.
Even the smallest amount of asbestos fiber, if inhaled, can trigger deadly asbestos-related disease later in life. According to Dr. Jukka Takala, president of the International Commission of Occupational Health, asbestos-related diseases cause more than 39,000 deaths in the U.S each year – more than double the previous estimate of 15,000 deaths a year.
ADAO, EWG and other public health advocates have been working for a complete asbestos ban for more than a decade. We have testified at congressional hearings, met with the EPA, and submitted more than 100…
