Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.tennessean.com.
A Tennessee state senator has been named in court papers as the physician who injected a victim of the fungal meningitis outbreak with the tainted spinal steroid that led to her lengthy illness.
In a suit filed in U.S. District Court, attorneys for Joan M. Peay of Nashville wrote that Dr. Steven Dickerson, a member of the Tennessee Senate, was the one who injected her with the steroid.
Dickerson, who is not named as a defendant in the case, injected Peay with contaminated methylprednisolone acetate on Sept. 7, 2012, at the Saint Thomas Outpatient Neurosurgical Center, the 31-page complaint states.
Dickerson, a Nashville Republican serving his first term, has declined to respond to questions about his role at the neurosurgical center.
The Tennessean reported Sunday that records showed Dickerson, who is an anesthesiologist, injected at least two other patients with the same drug at the same clinic in August and September of last year, just before the fungal meningitis outbreak became public.
An aide issued a brief comment late last week stating that Dickerson did not want to comment out of concern for the victims and their privacy.
Like all Nashvillians, Dr. Dickerson is focusing his concerns and thoughts on the well-being of the patients in Tennessee and throughout the United States who developed fungal meningitis, the aide wrote in an email.
The senator did not respond to a second request for comment Tuesday.
The Peay suit was one of several to be filed as a statutory deadline…
The Washington State Department of Labor and Industries announced that a Klickitat County lumber company was fined nearly a quarter of a million dollars after worker gets caught in machinery.
The SDS Lumber Company of Bingen, Wash., has been fined $244,600 for 69 workplace safety and health violations after a worker was seriously injured in March. The Department of Labor & Industries (L&I) cited the employer for one willful, 54 serious and 14 general violations of safety and health rules. A willful violation is cited when L&I alleges that the violation was committed with intentional disregard, plain indifference, or when employers substitute their own judgment for safety and health regulations.
L&I determined that a lack of training and proper safety procedures left the lumber mill worker with severe injuries when his arms became entangled in machinery while trying to clear a jam. L&I began an investigation on March 9m 2013 after being notified that the worker had been hospitalized. By law, all employers are required to report to L&I within eight hours anytime a worker is hospitalized or dies due to work-related causes.
“This incident shows the importance of Washington’s hospitalization reporting rule,” said Anne Soiza, assistant director for L&I’s Division of Occupational Safety and Health. “In most other states, a hospitalization involving only one worker does not have to be reported and the serious hazards could continue unabated. In our state, we are able to send inspectors right away to ensure the safety of the other workers.”
The investigation found that managers and supervisors were aware that workers routinely bypassed machinery safety guards to try and clear jams while the machinery was still in motion.
Consequently, the company was cited the maximum penalty allowed by law, $70,000, for a willful violation. Additionally, because the willful violation was associated with a worker’s serious injuries, the company will now be part of the Severe Violator Enforcement Program, an OSHA program that monitors severe safety violators.
The injury incident prompted comprehensive safety and health inspections of the entire plant. In addition to the machinery violations, the department found serious hazards related to chemicals, hazardous and flammable substances, bloodborne pathogens, confined work spaces, electrical and fall protection. Many of the violations were corrected during the inspections.
Washington’s minimum wage will increase to $9.32 per hour beginning January 1, 2014, the Department of Labor & Industries (L&I) announced on September 30th.
L&I calculates the state’s minimum wage each year as required by Initiative 688, approved by Washington voters in 1998. The 13-cent-per-hour increase, from $9.19 to $9.32 an hour, reflects a 1.455 percent increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI‑W) over the last 12 months ending August 31. The increase was announced earlier this month by the federal Bureau of Labor Statistics (BLS).
The CPI-W measures average price changes for goods and services purchased by urban wage earners and clerical workers. The goods and services it monitors include basic living costs such as food, clothing, shelter, fuels and services such as doctor visits.
Washington is one of 10 states that adjust the minimum wage based on inflation and the CPI. The others are Arizona, Colorado, Florida, Missouri, Montana, Nevada, Ohio, Oregon and Vermont.
Washington has the highest minimum wage, followed by Oregon, which recently announced its 2014 minimum wage will rise by 15 cents, to $9.10 per hour. Washington’s minimum wage applies to workers in both agricultural and non-agricultural jobs, although 14‑ and 15-year-olds may be paid 85 percent of the adult minimum wage, or $7.92 per hour in 2014.
I had the pleasure of taking a boat tour of the Duwamish Waterway as part of the Port101 educational program offered by the Port of Seattle, together with its partners: Lower Duwamish Waterway Group (Boeing, City of Seattle, King County, Port of Seattle), Duwamish River Cleanup Coalition, Manufacturing Industrial Council, Vigor Shipyards, and Delta Marine Industries. As the boat cruised upriver, a variety of speakers provided an in-depth narrative with stories of the past and current inhabitants of the waterway, both businesses and peoples.
In 1913, the Duwamish River was tamed, removing the common problem of flooding and improving access for ship traffic when a 9-mile stretch of the meandering, shallow river was shaped and formed into a 5-mile stretch of dredged channel – the Lower Duwamish Waterway. Historically, the river was the breadbasket of the greater Seattle area. Foods were brought by canoe from the shores of the river to market. Fishing was – and still is – fruitful. Six salmon species return upriver to spawn each year. With the dredging of the channel and the creation of Harbor Island from those dredge materials and material from the Denny and Jackson regrade projects, industry began to take hold along the river. Today, the five-mile-long Duwamish Waterway provides over 100,000 jobs and represents 80% of Seattle’s industrial land. Most of the businesses along the river are family-owned and provide family-wage jobs. Vigor Shipyards, Delta Marine Industries, Alaska Marine Lines and many others line the waterway.
As industry replaced homes and small farms, toxic waste became more of an issue. Until 1958, untreated sewage was directed to the Duwamish. Even since then, sewage overflows have continued to be emptied into the river. By the 1970s, abuse of the waterway was rampant. If there was a toxic spill on the river, it was intentional. ‘Dilution was the solution to pollution’ – it was common practice to toss industrial waste into the river, with the thought that it would be diluted and carried out to sea. In 2001, the Lower Duwamish was declared a Superfund Site, placing it on the Environmental Protection Agency‘s list of the nation’s most contaminated sites. The EPA has now released it’s Proposed Clean-up Plan, which provides for 7 years of active clean-up measures followed by 10 years of hoped-for “natural recovery.” Slowly, progress towards protecting the Duwamish is being made.
Several ‘Early Action’ Clean-up Sites have already been completed or are underway, many spearheaded by local businesses along the river. Seattle Iron and Metals, one of the Northwest’s leading recyclers of metals, was relocated by the Port of Seattle to a site upriver. The facility sits along the shore on 9.5 acres of 10-inch thick concrete capping a sophisticated water catchment and treatment facility. Alaska Marine Lines, in collaboration with the University of Washington, installed a catchment and treatment system in 1989 that treats storm water runoff to household standards before it is released into the waterway.
Boeing has undertaken the removal, clean up and restoration of Plant 2, the second manufacturing plant built and run by Boeing, where ‘Rosie the Riveter’ worked building military aircraft during WWII. Much of the plant had been built on pilings over the river, and the soil in and near the river had become contaminated after decades of manufacturing on the site. Boeing will be removing the remaining structure, overhanging tarmac and pilings and will remove over 200,000 cubic yards of contaminated sediment from the site. All building materials will be recycled. Boeing has installed storm water treatment systems at the Plant 2 site as well as North Boeing Field. The state-of-the-art system at Plant 2 will treat an estimated 84 million gallons annually, cleaning the storm water before releasing it into the Duwamish Waterway. Boeing is restoring more than 3,000 of natural shoreline and has created 5 acres of intertidal wetlands and wildlife habitat. Once completed, it will represent the largest restoration project of its kind on the Waterway.
King5 TV recently reported on the Plant 2 restoration project. The video of their report includes fantastic fly-over and on-the-ground shots of the project.
Every news program announces the ongoing shutdown of non-essential federal government services. News articles delve into the possible consequences. Republicans and Democrats fight over whether the other is willing to negotiate. Members of the Republican Party bicker within their ranks about the shutdown. Everyone should take note that what we are experiencing with the current shutdown provides us all with a practice-run for the level of government desired by the Tea Party members of the Republican Party.
Wikipedia notes that the current “small government” movement in the United States is largely a product of Ronald Reagan‘s presidency from 1980–88. The Tea Party movement is a modern reflection of this belief in small government. They claim that in the past the United States had a small government, and that it has turned away from that ideal. Some members of the Republican Party advocate small government, especially its libertarian wing, which includes politicians such as Ron Paul and his son Rand Paul. The Libertarian party, a third party, supports small government. A 2013 poll showed that the majority (54%) of Americans think the government is trying to do too much.
We now have an opportunity to define “essential” services.
Although 54% is only just a majority, Americans can now ponder the concept of small government and what the effect of shrinking the government would have on federal, state and local jurisdictions. The “non-essential” services now halted would likely have to be replaced by those jurisdictions, where possible, were the federal government to be stripped down to the vision of the Tea Party and Libertarian Party members. We now have an opportunity to define “essential” services.
Cities across the country will feel the pinch of the shutdown, particularly if it drags out beyond a few days. Furloughs of non-essential federal employees won’t just affect D.C. and its Maryland and Virginia suburbs. Cities around the country host full-time, non-Post Office federal employee populations. New York is home to 26,696 federal employees; Atlanta is home to 23,718; Philadelphia is home to 19,940; Chicago has 16,069; Houston has 15,530; and Los Angeles has 14,689. The list of the top 50 cities with the highest federal employment is here.1
Look around your city, your state. What federal services are you willing to have disappear? Is your state able to take over those services? Are your local and state governments under pressure to also shrink? The mantra that smaller government will cure what ails us rings through the air. Before joining the chorus, each of us should think about and prepare for the ripple effects if those singing are to succeed.
Today’s post comes from guest author Roger Moore, from Rehm, Bennett & Moore.
What can I do if the Social Security Administration (SSA) says I have been overpaid disability benefits?
This is a very common problem, unfortunately. There are a number of factors that cause these issues to come up so frequently.
First, the rules about how much one can make differ, depending on what type of disability benefit is received. Social Security Disability Insurance (SSDI) recipients can earn over $1,000 per month without jeopardizing their monthly benefit. But almost every dollar earned by Supplemental Security Income (SSI) recipients can affect the amount of their monthly benefit, as this benefit is partially based upon a recipient’s financial situation. These amounts can change over time.
Second, there are many different rules about when you can earn money from working above what is called the substantial gainful employment level and not jeopardize your continued entitlement to disability benefit. It’s difficult to summarize all of the circumstances, yet alone know all of the rules, for a claimant. What’s more, simply providing the SSA your wages doesn’t absolve you from having to repay overpayments. The SSA doesn’t look at this information on a regular basis. Years later, you may get a “Dear John” letter advising you that you were overpaid thousands of dollars.
Finally, you may simply get wrong or bad information from someone when you meet with or speak with the SSA. It’s important to document when you spoke with the person and who that person was. If possible, get them to put their advice in writing.
Today’s post comes from guest author Charlie Domer, from The Domer Law Firm.
The extra penalty for employers that ignore safety rules is something not available to injured workers in Washington State, but it is an interesting concept that provides real incentives for safe workplaces.
In most instances, an injured worker cannot sue her employer for a workplace injury. However, if an injury results from an employer’s reckless, intentional, or illegal action, an injured worker can bring a separate claim against the employer directly. An employer’s violation of the Wisconsin state safety statute or of any Department of Workforce Development (DWD) safety administrative rule which causes a worker’s injury can trigger a 15% increased penalty for the employer (Section 102.57 of the Worker’s Compensation Act). This increased compensation is based on the amount of compenstion paid by the insurance carrier and is capped at $15,000. The big deal is that the safety violation penalty is not paid by the insurance company–it is paid directly from the employer’s pocket (which also makes for increased litigation of these claims!).;
In a win for injured workers, a recent Court of Appeals case (Sohn Manufacturing v. LIRC), decided on August 7, 2013, reaffirmed the ability of the Worker’s Compensation Department to hold employers responsible for unsafe behavior. In the Sohn case, the worker operated a die cutter machine, and the employer instructed her to clean it while the anvil rollers were running. The worker suffered a severe hand injury when her hand was pulled into the machine. A state investigator found an OSHA violation as well as a violation of the state safety statute (Section 101.11). An administrative law judge and the Labor and Industry Review Commission affirmed an award of a safety violation under 102.57 of the worker’s compensation act.
The employer challenged this ruling in court, arguing that the federal OSHA law preempted Wisconsin’s ability to enforce safety procedures under Section 102.57 and that an OSHA investigation cannot form the basis for a state safety violation claim injured workers should be thankful that the Court of Appeals rejected both of these arguments. First, the Court explicitly stated that OSHA does not preempt Wisconsin’s ability to award penalties under Section 102.57, as the safety violation statute is not an enforcement mechanism and OSHA was not intended to impact state worker’s compensation rules. More importantly, the Court indicated that an OSHA violation of a federal workplace safety regulation can be used as basis to demonstrate an employer’s violation of Wisconsin’s state safety statute (Section 101.11).
While the decision was not surprising, it reaffirms the state’s commitment to holding employer’s accountable for safety violation rules under the worker’s compensation system. Workers and practitioners also should remain aware of any OSHA violation found post-injury. A document demonstrating a federal OSHA violation can form the immediate basis for a safety violation under Section 102.57.
This will be L&I’s first rate increase in three years.
The Department of Labor & Industries (L&I) has proposed an average 2.7 percent rate increase for 2014 workers’ compensation premiums, an increase of less than 2 cents per hour worked. Over the past two years, workers’ compensation surveys have shown an increase in rates nationally. This will be L&I’s first rate increase in three years.
Cutting Workers’ Compensation Costs
“This proposal is part of a long-term plan to ensure steady and predictable rates, help injured workers heal and return to work, and reduce costs by improving operations,” said L&I Director Joel Sacks. “My goal is to reduce costs by an additional $35-70 million in 2014.”
Work underway to cut costs includes:
Helping injured workers return to work as soon as they are medically able.
Improving medical care and reducing long-term disability.
Making it easy to do business with L&I.
Keeping Rates Steady
“I want wage inflation to be our benchmark for steady and predictable rates,” said Sacks. “Wage inflation is a good benchmark because workers’ comp costs increase as wages increase.” Washington’s most recent wage inflation number is 3.4 percent. However, because Washington’s rates are based on hours worked and not payroll like other states, Washington needs to raise rates to get the revenue that other states get automatically.
“We must also continue to restore the state’s workers’ comp reserves that were used to hold down rates during the Great Recession,” Sacks added. The department’s Workers’ Compensation Advisory Committee, made up of business and labor representatives, agreed to a plan to restore reserves over the next several years.
Public hearings on the proposed rates will be held in:
Tukwila, Oct. 22, 10 a.m., Tukwila Community Center
Bellingham, Oct. 23, 10 a.m., Central Library Lecture Room.
Spokane Valley, Oct. 24, 10 a.m., CenterPlace Event Center.
Richland, Oct. 25, 9 a.m., Community Center Activity Room.
Tumwater, Oct. 28, 10 a.m., L&I Auditorium.
Vancouver, Oct. 29, 10 a.m., Northwest Regional Training Center Rainier Auditorium.
Comments about the proposed rates can be made at the public hearings or in writing to Doug Stewart, Employer Services Program Manager, P. O. Box 44140, Olympia, WA 98504-4140, or email to Doug.Stewart@Lni.wa.gov. More information regarding the rates proposal is available at www.Rates.Lni.wa.gov Final rates will be adopted in early December and go into effect Jan. 1, 2014.
Workers’ Comp Facts:
The proposed rate is an average. An individual employer’s actual rate change may be more or less depending on that employer’s industry and history of claims that result in wage replacement and/or disability benefits.
About 100,000 claims are filed each year through the Washington State Workers Compensation State Fund.
Today’s post was shared by Workers Comp Brief and comes from www.latimes.com
During the pregame show before February’s Super Bowl in New Orleans, Deion Sanders shared his thoughts about the thousands of former football players filing concussion lawsuits against the National Football League.
“The game is a safe game,” the television analyst and Hall of Fame cornerback said. “I don’t buy all these guys coming back with these concussions. I’m not buying all that. Half these guys are trying to make money off the deal.”
What Sanders didn’t say was that more than two years earlier he had filed a workers’ compensation claim in California, alleging head trauma and other injuries incurred while playing for the Dallas Cowboys.
The case is pending, but in November 2010, Sanders was determined to be 86% disabled by the Division of Workers’ Compensation, case documents show. Four doctors who examined the former star diagnosed more than a dozen medical conditions, including cognitive impairment and behavioral/emotional disorder. The review also said Sanders suffered from arthritis and “arousal disorder,” a sleep impairment.
Sanders is one of a host of current NFL employees, including at least six other NFL Network analysts and dozens of assistant coaches and team personnel, who have made such claims, The Times has found.
The filings from its own employees underscore the depth and complexity of a head injury problem that the NFL is trying hard to put to rest.As the league opens its season this week, it’s pushing legislation in…
Today’s post was shared by Jon L Gelman and comes from workers-compensation.blogspot.com
Today’s post was shared by WCBlog and comes from www.nytimes.com
BANGOR, Me. — The railroad company whose runaway oil train caused a fire and explosion that killed 47 people in a small town in Canada filed for bankruptcy protection on Wednesday.
The company — Montreal, Maine and Atlantic Railway — filed for Chapter 11 bankruptcy protection in United States and Canadian courts, citing debts to more than 200 creditors after the July disaster in Lac-Mégantic, Quebec.
The company chairman, Ed Burkhardt, said previously that a bankruptcy filing was likely after service disruptions because its rail line remained closed in Lac-Mégantic. The company, based in Hermon, Me., also faces lawsuits and enormous cleanup costs related to the disaster.
The parked train, with 72 tankers full of crude oil, was unattended when it began rolling toward town, eventually derailing downtown. Several tankers exploded, destroying 40 buildings in the lakeside town of 6,000 residents.
