All posts by Kit Case

Facebook Required to Turn Over User Information in Disability-Fraud Investigation

Today’s post was shared by Gelman on Workplace Injuries and comes from online.wsj.com.

Today’s ppost was shared from http://online.wsj.com

The Manhattan district attorney has won a legal battle against Facebook Inc. with a New York judge’s ruling that the social network was required to turn over user information in a fraud investigation.

When workers who filed for federal disability money were seen on Facebook looking perfectly healthy, the Manhattan district attorney received a search warrant from a judge to look more closely at the accounts.

Facebook had attempted to quash the warrants for 381 user accounts on grounds that they were unconstitutional and in violation of Fourth Amendment protections against unreasonable searches and seizures.

After reviewing the search-warrant application, the judge found “probable cause that evidence of criminality would be found within the subject Facebook accounts,” and ordered Facebook to comply.

The district attorney’s office said the case led to 134 indictments on more than $400 million in fraud, and that half the defendants have pleaded guilty.

“This was a massive scheme involving as many as 1,000 people who defrauded the federal government,” said Joan Vollero, spokeswoman for Manhattan District Attorney Cyrus Vance. “The defendants in this case repeatedly lied to the government about their mental, physical, and social capabilities. Their Facebook accounts told a different story,” she said.

The judge in the case said Facebook had no right to get in the way of the investigation.

“Facebook could best be…

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Port of Seattle, Eagle Marine Agree to Make Terminal 5 BIG Ship Ready

The Port of Seattle and Eagle Marine Services (EMS), operator of Terminal 5, announced on May 16th a proposal to relocate its cargo and breakbulk activities to another terminal so that the port can modernize Terminal 5 to handle the bigger ships that are changing international shipping. 
 
“If we’re going to keep jobs in Washington state, we need investments that make us globally competitive,” said Port of Seattle Commissioner Bill Bryant. “That’s why we’re rebuilding T5.  We’re investing in jobs.  Modernizing T5 so it can handle the new big ships is the first step in realigning our port for the future.”
 
“As we are working to preserve maritime jobs in Seattle, the Commission is moving forward to strengthen cooperation with the Port of Tacoma to increase trade in Puget Sound,” said Port of Seattle Commissioner John Creighton.  “We’re having productive talks on how we can make the Puget Sound gateway more competitive and create new jobs.” 
 
“ILWU Local 19 appreciates the work the Port of Seattle and terminal operators are doing to keep cargo here in Seattle by making each of our terminals big ship ready,” said ILWU Local 19 President Cam Williams.  “By preparing for the future, we insure that jobs will stay in the region.”
 
Shipping lines are consolidating into new alliances, and have been launching much bigger ships as part of their strategy to reduce costs. While three of the port’s container terminals are already home to Super Post-Panamax cranes that service 10,000 TEU vessels and above, the existing cranes at Terminal 5 are not able to handle these bigger ships.
 
Under the proposal, EMS would shift its operations to Terminal 18, allowing EMS to preserve container volume and ship calls. This commitment will preserve maritime jobs that depend on cargo flowing today through T5. Cargo destined to T5, under this proposal, would begin transitioning to T18 in mid-June.  The proposal with EMS is tentative pending approval by the Port of Seattle Commission.
 
“T5 needs to be modernized for the bigger ships that are already here, we applaud the Port in working with us to preserve our customers’ cargo through this gateway,” said Nathaniel Seeds, COO of Eagle Marine Services, Ltd.
 
Maintaining efficient cargo throughput is essential for moving goods in and out of the port.  With four in ten jobs in Washington dependent on trade, these terminal improvements will insure that Washington goods can get out of the Port of Seattle and into markets world-wide.
 
“Preserving vessel service capacity is good for exporters, we appreciate the Port of Seattle’s efforts to keep this gateway competitive,” said Anderson Hay CEO & President Mark Anderson.
 
The Port has also received approval from the federal government to let the U.S. Army Corps of Engineers begin studying the potential for a project that may result in the deepening of the West Waterway channel near the terminal. 

Social Security Agency Cuts Services as Demand Grows, Senate Report Says

Today’s post was shared by Gelman on Workplace Injuries and comes from www.nytimes.com

WASHINGTON — The Social Security Administration is closing field offices and reducing services to the public even as demand for those services surges with the aging of the baby boom generation, according to a bipartisan Senate committee report.

The report, to be issued Wednesday by the Senate Special Committee on Aging, says the agency has closed more than two dozen field offices in the last year, generally without considering the needs of communities and without consulting beneficiaries or field office managers.

In deciding whether to close field offices, the Social Security Administration “excludes both its own managers and the affected public,” and the decisions often appear arbitrary, the report says.

The committee’s chairman, Senator Bill Nelson, Democrat of Florida, said, “Seniors are not being served well when you arbitrarily close offices and reduce access to services.”

He added, “The closure process is neither fair nor transparent and needs to change.”

The field offices served over 43 million people last year. About 10 percent of the visitors filed for benefits, and 30 percent were seeking new or replacement Social Security cards.

In testimony prepared for a committee hearing on the issue on Wednesday, Nancy A. Berryhill, a deputy commissioner at the agency, said its budget and work force had not kept pace with what she described as “a staggering 27 percent increase” in claims for retirement benefits, to 3.3…

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Closing the Income Inequality Gap

Today’s post was shared by US Labor Department and comes from social.dol.gov

Editor’s note: The following guest post is authored by San Francisco Mayor Edwin Lee. Join the conversation about this issue on Twitter using #RaiseTheWage.

San Francisco Mayor Ed Lee
San Francisco Mayor Ed Lee

San Francisco is the most progressive city in America when it comes to addressing income inequality. And we will continue to make sure San Francisco remains a city affordable to the 100 percent.

President Obama understands that income inequality remains one of the great challenges of our time, and I’ve supported his efforts to raise the national minimum wage to $10.10 an hour. There is no better time than right now to take action. As jobs and confidence are coming back, we must make sure that the residents in our cities are not left behind in the economic recovery.

Last week in my city, legislators, business leaders, labor unions and workers’ rights representatives joined me to introduce a fair and responsible consensus measure for the November 2014 ballot that will significantly raise San Francisco’s minimum wage. The rising cost of living is putting a financial squeeze on our city’s hardest working families, and this is a measure that will help them make ends meet. It’s the right thing to do.

We have taken up the president’s call to address income inequality at the local level – not just in my city, but in other cities across the nation. But we cannot leave anyone behind. That’s why I’ve introduced a resolution to be…

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Wilcox Farms Fatal Silo Collapse – Citations

The Department of Labor & Industries (L&I) issued a press release on June 4th stating that it has cited Wilcox Farms Feedmill, Inc., of Roy for safety violations related to a fatal silo collapse last December. One worker died after he was engulfed in more than 400 tons of corn that spilled out of the silo.

Wilcox Farms issued a press release on February 12, 2014 describing the incident, the emergency response to it and how competitor farms came to the business’s rescue to provide feed for the chickens in the days after the accident. 

“As an employer, especially a family business, it’s the worst thing you could ever imagine happening,” said Andy Wilcox. “The fact that we weren’t able to find Steve for two days was really tough.”

Wilcox has been cited for one “willful” and two “serious” safety violations with total penalties of $67,200. The state investigation found shortcomings in how the company maintained and managed the silo, and inadequate employee training.

A serious violation exists in a workplace if there is a substantial probability that worker death or serious physical harm could result from a hazardous condition. A willful violation can be issued when L&I has evidence of plain indifference, a substitution of judgment or an intentional disregard to a hazard or rule.

The day the 60-foot tall silo collapsed, two employees were working on feedmill operations, which included discharging corn using an auger in the silo. The unloading auger was not working that day, so they opened a side discharge door to allow corn to flow onto the outer portion of the auger. During that process, the silo collapsed and 400-500 tons of corn spilled out, engulfing one worker who was unable to escape.

Worker fatalities are tragic and preventable,” said Anne Soiza, assistant director of L&I’s Division of Occupational Safety and Health. “Our state requires all employers to provide safe and healthy workplaces. We fully expect Wilcox will correct the hazards and practices that haven’t been fixed already to ensure their employees are as safe as can be.”

Wilcox Farms has 15 working days to appeal the citation.

As part of the investigation, L&I hired an engineer to assess the structural integrity of the silo.

The investigation found four instances where Wilcox was not following proper silo operation and maintenance procedures that may have contributed to the collapse. For example, if corn is added or discharged improperly or the silo is overfilled, tons of grain could build up at an uneven rate and then suddenly shift and create instability. The four instances were:

  • A side discharge system was used to unload corn instead of the manufacturer’s standard procedure of withdrawing grain from the vertical center via the auger. The side discharge system was not installed, designed or supplied by an authorized dealer or contractor.

  • The silo was overfilled all the way to the roof and past the maximum fill level of one inch from the top of the vertical walls.

  • The silo had been previously repaired with a patch over a rupture of the wall due to corrosion. The repair was not made with corrugated material and was not done in a way to ensure structural stability. Also, it wasn’t assessed by a structural engineer or the silo manufacturer.

  • There were previous occasions during which the company had simultaneously filled the silo while it was being discharged.

L&I concluded that this was a willful violation with a proposed penalty of $56,000.

The investigation also found two serious violations with proposed penalties of $5,600 each:

  • Employees weren’t trained in specific procedures and safety practices for silo operations and maintenance.

  • The employer did not maintain the silos in accordance with the manufacturer’s maintenance and safety procedures.

Wilcox Farms has 15 working days to appeal the citation. For a copy of the citation, please contact L&I Public Affairs at 360-902-5673.

Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping workers and families of those who have died on the job.

 

 Photo credit: kirotv.com

Washington Forklift Rodeos – Competitors Needed!

Being a safe forklift driver requires skill and knowledge. Professional forklift drivers have an opportunity to demonstrate both in upcoming regional forklift competitions. The winners of the two regional events will go on to a statewide “rodeo” at the Governor’s Industrial Safety and Health Conference in the fall.

Eastern Washington drivers are invited to compete June 21 in the regional qualifying forklift rodeo at the Spokane Fire Department Regional Readiness Center at 1618 N. Rebecca St. 

A Western Washington forklift competition will be held Aug. 23 at the Boeing Kent Space Center, 20403 68th Ave. S. The top five individual qualifiers from each of these regional competitions will then proceed to the 17thAnnual Forklift Rodeo at the 63rd Annual Governor’s Industrial Safety and Health Conference held this year in Spokane on Sept. 24.

Employers are encouraged to sponsor in-house competitions. The forklift rodeos typically draw the best forklift drivers from around the state.

To take part, competitors must first successfully pass a written exam and be current on training requirements. During the competition, the forklift drivers are timed as they negotiate a fun and challenging course.

The top eight drivers in these regional competitions earn cash prizes ranging from $50 to $300. In the finals, prizes range from $100 to $500 for the top five drivers. Team awards are also given for the top two teams in each region. Participation is limited to the first 30 drivers who register.

Visit www.wagovconf.org for registration forms or call 206-281-3842 or 1-888‑451-2004 (TDD users: 360-902-5797). The entry fee is $40 for competitors. Spectators are welcome and there is no admission charge.

The conference is co-sponsored by the Governor’s Industrial Safety and Health Advisory Board and the Department of Labor & Industries.

 

Photo credit: NASA Goddard Space Flight Center / Foter / Creative Commons Attribution 2.0 Generic (CC BY 2.0)

Kids’ Chance – Providing Silver Linings for Families of Injured Workers

Kids’ Chance of Washington is a need-based scholarship program for the dependent children and spouses of workers killed or seriously disabled in a workplace accident in Washington. It was founded in 2001 as one of 20 states helping kids to achieve their desired future.

Serious work-related accidents can have a devastating impact on families, especially children. The financial impact can be life shattering. Kids’ Chance of Washington is a non-profit charitable organization whose mission is to provide educational scholarships to these families in need. Through the collaborative efforts of business and labor organizations, need-based scholarships are provided to the children and spouses of Washington workers permanently or catastrophically injured or deceased.

Scholarships are funded through donations from business and labor organizations throughout Washington, as well as individuals, employers, attorneys, other groups, and special activities sponsored by specific individuals or groups and grants.

Kids Chance of Washington is one of many states that offers this Kids’ Chance scholarship program. For more information on other states’ programs, visit the National Web Site for Kids’ Chance, Inc.

Causey Law Firm is proud to support Kids’ Chance of Washington.  Monica Bell and I attended the annual fund raising dinner on June 5th and were inspired to see the number of people, from all facets of workers’ compensation – claims management, vocational services, business and labor groups, and attorneys representing both claimants and employers – coming together for this common cause.

Photo credit: CarbonNYC / Foter / Creative Commons Attribution 2.0 Generic (CC BY 2.0)

Employers Beware: Missouri Supreme Court Heightens the Risk of Dismissing Employees Who Filed Workers Compensation Claims

Today’s post was shared by Workers Comp News and comes from www.jdsupra.com

The Missouri Supreme Court recently overruled the long-standing “exclusive” causation standard for worker’s compensation retaliation claims and held that an employee only needs to demonstrate that filing a worker’s compensation claim was a “contributing factor” to an employer’s discrimination or adverse action. In Templemire v. W&M Welding, Inc, — S.W.3d –, (Mo. 2014), No. SC 93132, 2014 WL 1464574, (Mo. April 15, 2014), the “contributing factor” standard turns on whether an illegal factor played any role in the decision to discharge the employee rather than the exclusive reason. Put another way, imagine an employer with 10 reasons for terminating an employee — nine of the reasons are lawful and one is because the employee filed a worker’s compensation claim. In that scenario, the firing is illegal discrimination.

The major take-away –

The Missouri Supreme Court’s ground-breaking decision makes it significantly easier for employees to prove worker’s compensation retaliation. Employees now may sue and recover if they can prove their worker’s compensation claim was “a factor” in the decision to dismiss, just like in discrimination cases under the Missouri Human Rights Act (MHRA). Therefore, we anticipate a resurgence in these claims. Employers should proceed with caution and seek legal counsel when terminating or taking any other adverse employment action against an employee…

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Need a Doctor for a WA Workplace Injury?

You have 20,000 providers to choose from – – but ONLY if they’ll see you under your workers’ compensation claim… 

The Department of Labor and Industries issued an announcement trumpeting the success of the new Medical Provider Network:

May 21, 2014: TUMWATER — Injured workers in Washington state can now choose from more than 20,000 health-care providers in the Department of Labor & Industries(L&I) medical network. The network went live in 2013 to serve workers who need ongoing medical treatment for job-related injuries or illness.

“We have more than doubled the size of our network since it began,” said Vickie Kennedy, L&I’s assistant director for Insurance Services. “Ready access to high-quality care helps our injured workers quickly return to good health and their jobs.”

L&Idata show that 99 percent of injured workers statewide live within 15 miles of at least five primary-care providers who are in the network. Patients also have access to a broad range of specialists through the provider network.

Injured workers in Washington can see any doctor for their first visit when a claim is filed, but only network providers can deliver ongoing treatment. Workers can search for providers at www.FindADoc.Lni.wa.gov; the directory is updated daily.

The medical provider network is part of the historic 2011 workers’ compensation reforms designed to improve outcomes for injured workers, reduce disability and cut costs for the state’s workers’ compensation program. The standards for providers to be admitted to the L&I network are similar to those of other health networks in Washington state and around the country. Requirements include proof of medical liability insurance and professional licenses that are free of restrictions.

Our experience, however, is that these numbers are artificially bloated and do not reflect the reality faced by injured workers seeking a treating provider. Several clinics in the state have closed their practices to workers’ compensation claimants, leaving their current patients scrambling to find new attending physicians and refusing to take on any new patients with workers’ compensation claims. Many of those that will still provide treatment to injured workers limit their practice to only take on claims that are less than one year old, or claims that do not have legal representatives involved.  Many of the major medical providers – large hospitals, clinics, etc.. – had all of their physicians register with the Department of Labor and Industries for billing purposes even if those physicians are not actively taking workers’ compensation claims.

When our clients are seeking an attending physician under their workers’ compensation claim, they will start with the FindADoc website and make phone calls until they are able to get an appointment.  In many cases, the doctors want to review medical records before setting an initial appointment.  We often send records out to a handful of doctors before finding one willing to get involved.  Claimants living outside of the major metropolitan areas can have an even tougher time finding a provider.  Many of our clients travel long distances to see their physician as there are no options close to their home.

I have participated in the quarterly meetings offered by the Department of Labor and Industries to update stakeholders about the progress in implementing the network.  The meetings are held with members of the Department of Labor and Industries and medical providers that are providing input and assistance to the Department with the design and implementation of the network.  Based on the discussions with the panel members, I believe that the Department honestly believes in the success of their network, but that their data is not telling them the whole story. 

I have made recommendations for changes that could be made to the website that could indicate the level of recent billing activity for each provider – not specific numbers, but a simple color-coded graph to indicate general levels of billing.  For example, a provider who has multiple billings submitted to the Department for payment in the current quarter could have a green icon to indicate a high level of activity.  Those providers with no current billings could have a red icon, and maybe providers with a small level but still some active billings could be orange.  The Department has access to the data for provider billings and could, in theory, tap into that data to make such a change.  I am told there is no funding for this type of improvement at this time, though.

 Photo credit: banjo d / Foter / Creative Commons Attribution 2.0 Generic (CC BY 2.0)

“No Trauma” Does Not Mean No Injury

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

Mr. Domer describes a scenario that we run into on a regular basis in our practice – adding a medical condition not noted on the original physician’s report can be troublesome and often requires litigation.

Feel free to contact our firm for assistance with this or other issues in a Washington State workers’ compensation claim.

I’ve been investigating Wisconsin and national fraud statistics in worker’s compensation to prepare for a national presentation I am making in Cape Cod in July. One fascinating and recurring basis for denial of worker’s comp claims (and potential claims against employees for fraud) stems from an insurance carrier’s review of the initial medical report.

Often the physician or emergency room nurse, physicians assistant or First Responder will ask an injured worker “Did you have any trauma?” If the answer to the question is “no”, the medical records will routinely indicate “no trauma”. This information is translated by the insurance carrier as a denial that an injury occurred. The level of medical sophistication for an injured worker is routinely limited. Most of my clients (and based on inquiries with other workers’ attorneys, their clients as well) believe a trauma is something akin to getting hit by a bus. They do not equate the notion of trauma with lifting a heavy object such as a table or a box. The criteria for traumatic injuries in most states, including Wisconsin, is that a single incident or episode caused the injury or aggravated a pre-existing condition beyond a normal progression. In many cases a lack of “traumatic injury” at the initial medical presentation is not an accurate indication of whether a traumatic injury actually occurred.