All posts by Kit Case

Appeals court weighs future of workers-compensation laws in Florida.

Today’s post was shared by Workers Comp Brief and comes from www.orlandoweekly.com

WorkersCompUmbrellaUpLarge.jpg-550x0.jpg

A South Florida appeals court Monday heard arguments in a challenge to the constitutionality of the state’s workers-compensation insurance system —- as two other closely watched challenges also await rulings at the Florida Supreme Court.

The 3rd District Court of Appeal took up a case in which a Miami-Dade County circuit judge ruled last year that a key underpinning of workers-compensation laws was unconstitutional. That underpinning involves cases being handled through the workers-compensation insurance system instead of through civil lawsuits.

The workers-compensation system is designed as a sort of tradeoff: Workers are supposed to receive benefits for on-the-job injuries while not going through potentially costly and time-consuming lawsuits. But Miami-Dade Circuit Judge Jorge Cueto ruled in August that the workers-compensation law preventing cases from going to civil trial —- known legally as "exclusivity" —- was unconstitutional, at least in part because of legislative changes in 2003 that reduced benefits.

"I find that the Florida Workers’ Compensation Act, as amended effective October 1, 2003, does not provide a reasonable alternative to the tort (civil) remedy it supplanted,” Cueto wrote. "It therefore cannot be the exclusive remedy."

During Monday’s hearing, state Chief Deputy Solicitor General Adam Tanenbaum argued primarily that Cueto’s ruling should be overturned for procedural reasons. The case initially involved Julio…

[Click here to see the rest of this post]

Workplace Suicides Are on the Rise

Today’s post was shared by Workers Comp Brief and comes from www.theatlantic.com

And rates are particularly high among people working in law enforcement, farming, and auto repair, a new study found.

www.GlynLowe.com/Flickr/The Atlantic

In the first three months of last year, 10 people at Orange, a French telecoms company, killed themselves. It was not the first time such tragedy had struck the mobile giant. The company—formerly known as France Telecom—also reported a rash of self-inflicted deaths between 2008 and 2009. A similar cluster of suicides once gripped Foxconn, where 18 people working at the factory in Shenzhen, China, attempted suicide in 2010, and where another 150 threatened an en masse death jump in 2012 in protest of low wages and poor working conditions.

Though there haven’t been such notable concentrations of workplace suicides at one company like that in the United States, in 2013, the last year for which data are available, 270 people in the U.S. committed suicide at work—a 12 percent increase over the prior year.

“The reasons for any suicide are complex, no matter where they take place. Usually many factors are at play,” says Christine Moutier, the chief medical officer of the American Foundation for Suicide Prevention (AFSP). Among them are economic and work-related stressors.

One recent study found that the global recession that began in 2007 could be linked with more than 10,000 suicides across North America and Europe.

“Historically, suicide rates do rise during economic downturns. The entire…

[Click here to see the rest of this post]

Examining Workers’ Compensation Costs to Employers

Source: Bureau of Labor Statistics National Compensation Survey 1991 – 2014 (Credit: Sisi Wei/ProPublica)

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

Business and insurance interests are bombarding state legislatures every day of the week to take workers’ rights away by complaining how most states’ workers’ compensation systems are too expensive.

Recently, ProPublica and NPR produced a very detailed explanation of the state of workers’ compensation, focusing, rightly so, on injured workers. This article, which was the first in the series, included an interactive graphic that showed that even though business are complaining about rising premius, workers’ compensation insurance coverage is generally at its lowest rate in 25 years, “even as the costs of health care have increased dramatically,” according to the article.

As examples, using the average premium cost to the employer per $100 of workers’ wages, Nebraska employers paid $1.93 in 1988, while they actually paid $.15 less for the premium in 2014, for a total of $1.78 per $100 of workers’ wages, according to the chart. Iowa was more dramatic, with the price of workers’ compensation insurance $2.79 per $100 of workers’ wages in 1988. It went down $.91 to $1.88 per $100 of workers’ wages in 2014.

By scrolling down in the article, a person finds another graphic that shows how employer costs have risen for other categories, but have fallen for workers’ compensation. Most notably, the cost of workers’ compensation insurance coverage (per $100 of workers’ wages) went from $2.71 in 1991 to $2.00 in 2014. During the same timeframe, the cost of health insurance went from $8.55 to $12.52 and the cost of retirement benefits went from $5.50 to $7.29, all per $100 of workers’ wages, according to the chart in the article.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers’ Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), and the Nebraska Association of Trial Attorneys (NATA).  We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

How much is your arm worth? Depends on where you work

Today’s post was shared by Workers Compensation and comes from www.propertycasualty360.com

Nearly every state has what’s known as a
Nearly every state has what’s known as a "schedule of benefits" that divides up the body like an Angus beef chart.

At the time of their accidents, Jeremy Lewis was 27, Josh Potter 25.

The men lived within 75 miles of each other. Both were married with two children about the same age. Both even had tattoos of their children’s names.

Their injuries, suffered on the job at Southern industrial plants, were remarkably similar, too. Each man lost a portion of his left arm in a machinery accident.

After that, though, their paths couldn’t have diverged more sharply: Lewis received just $45,000 in workers’ compensation for the loss of his arm. Potter was awarded benefits that could surpass $740,000 over his lifetime.

The reason: Lewis lived and worked in Alabama, which has the nation’s lowest workers’ comp benefits for amputations. Potter had the comparative good fortune of losing his arm across the border in Georgia, which is far more generous when it comes to such catastrophic injuries.

This disparity grimly illustrates the geographic lottery that governs compensation for workplace injuries in America. Congress allows each state to determine its own benefits, with no federal minimums, so workers who live across state lines from each other can experience entirely different outcomes for identical injuries.

Nearly every state has what’s known as a “schedule of benefits” that divides up the body like an Angus beef…

[Click here to see the rest of this post]

Court: Juries to decide if state Uber, Lyft drivers are employees

Artist Peter Ashlock drives for Uber and Lyft in San Francisco, California on Wednesday, February 18, 2015. He talks about 1099’s received from both companies. Photo: Liz Hafalia, The Chronicle

Today’s post was shared by Workers Comp Brief and comes from www.sfgate.com

Juries must decide whether California drivers for the ride-hailing companies Uber and Lyft are employees entitled to minimum wages, expenses and other workplace benefits, two San Francisco federal judges ruled Wednesday, rejecting the companies’ argument that the drivers must be considered independent contractors.

U.S. District Judges Edward Chen, in the Uber case, and Vince Chhabria, in the Lyft case, said the drivers resemble contractors in some respects, such as their ability to choose their work hours and the riders they accept, and employees in other respects, such as the companies’ control over drivers’ interactions with customers and its power to fire them at any time. “A reasonable jury could go either way,” Chhabria said.

The rulings were nonetheless at least a partial victory for the drivers, who filed the suits as proposed class actions on behalf of all drivers in California.

It’s actually “a major victory for the drivers,” said Shannon Liss-Riordan, a lawyer representing thousands of drivers for both Uber and Lyft. She said the judges “agreed with many arguments we made about why the facts point to an employment relationship.”

The stakes are considerable. State law entitles employees to minimum and overtime wages, reimbursement for work expenses, workers’ compensation benefits for job-related injuries, and unemployment insurance. Independent contractors receive none of those. A driver’s status…

[Click here to see the rest of this post]

Facebook Postings Hurt Workers’ Compensation Claims

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

While Facebook is extremely popular and used by over a billion people every day, no Facebook posting has ever helped an injured worker in a workers’ compensation claim. On the contrary, use of a Facebook page poses real dangers for injured workers pursuing workers’ compensation benefits.

Since Facebook is a public site, anything posted can be used by respondent insurance companies in claims denial. Even the most benign postings (birthday parties, family gatherings, etc.) can pose problems. For example, a grandparent lifting a 30 pound grandchild when doctors have imposed a 10 pound lifting limit could damage a claim. Additionally, nothing prevents an Administrative Law Judge from looking at a Facebook page.  Even innocent posts may be subject to misinterpretation. A picture of the worker riding a motorcycle or fishing taken prior to the injury but posted afterward could place the seed of doubt in an ALJ’s mind that the worker is not as limited as he claims. The best advice is to be extremely careful about what is posted because “friends” are not the only one who can access your Facebook page.

Medical Procedures: What do they cost?

Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.

Blue Cross Blue Shield has created an online pricing tool to help patients compare prices of about 1,200 non-emergency medical procedures. Patients can now search for the best financial deal for services offered within North Carolina.

 By exposing this previously undisclosed information, patients are now able to go and see services according to the databases average procedure costs. The pricing tool also reveals the most expensive and most affordable option for each procedure.

In order to look up costs and doctors available to preform your procedure, you first access the pricing tool at: http://www.bcbsnc.com/content/providersearch/treatments/index.htm#/ . Then, you enter the treatment or service you would like in the first blank, your current location, and how many miles you are willing to travel for the service. Once you have entered all of this information, you just click search and your results will be immediately displayed. You can organize your results by cost, provider name, or distance.

 

To see the original article by John Murawski in The News and Observer explaining the pricing tool, click below:

http://www.newsobserver.com/2015/01/31/4516241_blue-cross-pricing-tool-could.html#storylink=misearch

This Chair-Free Office Bans Sitting

Today’s post was shared by The Green Workplace and comes from www.fastcodesign.com

Even though it’s now old news that sitting is killing us all, people still sit a whole lot, especially at office jobs. Standing desks are one solution, but office workers often have to take the initiative to request one from their employers. What if, instead, an office’s very design simply ruled out the option of sitting all day?

RAAAF (Rietveld Architecture-Art Affordances), a Netherlands-based experimental studio that works at the intersection of visual art, architecture, and science, collaborated with artist Barbara Visser to design "The End of Sitting," a conceptual office with no chairs and no traditional desks. Instead, the office is filled with faceted three-dimensional geometric shapes on which workers can stand, lean, perch, or even lie down. Viewed from above, the white objects resemble an artist’s abstract rendering of cracked glacial ice more than furniture. They range from waist-height to shoulder-height, allowing workers to change positions throughout the day.

Ricky Rijkenberg

The designers spent 10 days building the labyrinthine "experimental work landscape" from plywood frames and a secret render (described as being "as hard as concrete") at Looiersgracht 60, an Amsterdam-based exhibition space. "The End of Sitting" is part art installation, part psychological study: it’s the visual component of architect Erik Rietveld’s research project, called "The Landscape of Affordances: Situating the Embodied…

[Click here to see the rest of this post]

After her husband’s death, widow warns burn pits used in Iraq may cause deadly cancer

Today’s post was shared by Jon L Gelman and comes from www.kshb.com

KANSAS CITY, Mo. – The widow of a Raytown veteran killed by a rare and aggressive cancer says she’s convinced her husband’s illness was brought on by his exposure to toxic fumes from “burn pits” during his service in Iraq.

Now she’s warning other veterans to speak to their doctors about risks associated with the pits.

Sgt. Matthew Gonzales received a diagnosis of Esthesioneuroblastoma four years after returning from Tikrit, where he worked regularly near a burn pit used to dispose of medical waste by burning it with jet fuel in a large open pit.

“One thing that caught me off guard is that they didn’t have any protective gear covering themselves,” his widow, Elizabeth, said of a video her husband showed her of the pit. “I asked about that, and he felt confident saying, ‘The government wouldn’t put us in any harm’s way. They’re going to protect us.’”

After an oral surgeon discovered the mass that turned out to be the start of her husband’s cancer, Elizabeth Gonzales now says that’s exactly what the government did.  

“The surgeon said that exposure to different toxicities like sands and paints and things like that would cause a person to get this type of cancer,” Gonzales told 41 Action News. “I started researching burn pits and found out that there’s thousands of soldiers and contractors who are reporting different medical issues since their exposure to burn pits.”

And…

[Click here to see the rest of this post]

Underpaid, overworked and far to go: the Obama administration’s conscience for women at work

Today’s post was shared by US Labor Department and comes from www.theguardian.com

Woman worker

Within the US Department of Labor, there is a little-known bureau: the Women’s bureau.

Since 1920, the bureau has focused on tracking and supporting the growth of women in the workforce.

Many things have changed over the past 90-plus years. In 1920, women accounted for just 21% of working Americans. By 2012, that number had more than doubled, with women making up 47% of American workers. More than 75% of single mothers are the sole breadwinners in their families.

Even as things have changed, many things have stayed the same. The wage gap still persists – with women earning about 78 cents for every dollar that men earn. About 6% of female workers earn minimum wage, compared to just 3% of men.

Until that changes, the bureau won’t rest. There is still a lot of work to do, says Latifa Lyles, the director of the bureau.

“While we are the only federal agency that focuses on women in the workforce and women’s economic security issues, we are part of a larger coalition in the Obama administration who are making sure that we are addressing women’s issues in a coordinated way and improving programs and outcomes with other federal agencies,” says Lyles.

One of the partners working closely with the bureau is the White House Council on Women and Girls. This past year, President Obama and the bureau convened a summit on working families that brought together low-wage workers, business owners and policymakers to discuss the issues that affect working…

[Click here to see the rest of this post]