All posts by Kit Case

Truck Drivers Not Revved Up About New Safety Rules

Today’s post was shared by Jon L Gelman and comes from workers-compensation.blogspot.com

Today’s post was shared by NIOSH Transportation and comes from www.cnbc.com

The federal government thinks long-haul truckers like Bryan Spoon need more rest.

But with the Department of Transportation’s new rules forcing drivers to take longer breaks and cut back on hours behind the wheel, Spoon thinks the government has created a solution looking for a problem.

“I wish the government would just quit trying to fix something that’s not broken,” he said on a recent rest stop in Columbia, Mo., after hauling a load of construction materials on the 48-foot Great Dane flatbed behind his 2009 Volvo 780.

“If I get any more breaks out here I won’t be able to make a living,” he said.

Starting Monday, drivers like Spooner will have to stick to a schedule that requires taking a 30-minute break in the first eight hours of driving, cut the maximum workweek to 70 hours from 82, and “restart” those 70 hours with a 34-hour break once a week.

The rules are part of a program by the Obama administration to make U.S. highways safer by reducing the number of truck accidents and fatalities. The program also includes a safety rating system that shippers can review when they chose a new carrier, with the goal of prodding the trucking industry to further improve the safety of its drivers and equipment.

“The updated hours of service rule makes three common sense, data-driven changes to increase safety on our roadways and reduce driver fatigue, a leading factor in large truck crashes,” said…

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Pay Tribute on Labor Day – A Nationwide Holiday

Detailed illustration of a 3-cent stamp issued to commemorate Labor Day in 1956. The image comes from a mosaic in the lobby of the AFL-CIO building in Washington, D.C.

     The US Department of Labor – which is celebrating its centennial this year – has provided a history of Labor Day, including the inception of the holiday and the traditions that surround it, excerpted below. 

…a day to honor those “who from rude nature have delved and carved all the grandeur we behold.”

     The form that the observance and celebration of Labor Day should take was outlined in the first proposal of the holiday — a street parade to exhibit to the public “the strength and esprit de corps of the trade and labor organizations” of the community, followed by a festival for the recreation and amusement of the workers and their families. This became the pattern for the celebrations of Labor Day. Speeches by prominent men and women were introduced later, as more emphasis was placed upon the economic and civic significance of the holiday. Still later, by a resolution of the American Federation of Labor convention of 1909, the Sunday preceding Labor Day was adopted as Labor Sunday and dedicated to the spiritual and educational aspects of the labor movement.

     The character of the Labor Day celebration has undergone a change in recent years, especially in large industrial centers where mass displays and huge parades have proved a problem. This change, however, is more a shift in emphasis and medium of expression. Labor Day addresses by leading union officials, industrialists, educators, clerics and government officials are given wide coverage in newspapers, radio, and television.

     The vital force of labor added materially to the highest standard of living and the greatest production the world has ever known and has brought us closer to the realization of our traditional ideals of economic and political democracy. It is appropriate, therefore, that the nation pay tribute on Labor Day to the creator of so much of the nation’s strength, freedom, and leadership — the American worker.

 Opportunity. Then and now, it’s about opportunity.

     Labor Secretary Tom Perez blogged about the interwoven history of the civil rights movement and the labor movement, their common goals, and the needs we still face today.  Secretary Perez said:

     “…But again, there is still so much more to do … in skills training and education, workplace safety and health, retirement security and job creation. And in particular, we must do more to ensure an honest day’s pay for an honest day’s work.

     People who work full-time in America should not have to live in poverty – simple as that. Too many jobs don’t pay enough to get by, let alone get ahead. Too many people are finding the rungs on the ladder of opportunity further and further apart. Workers around the country are bravely raising their collective voice and taking action to demand fair wages. We need to hear these voices. They are acting in the proud tradition of the marchers 50 years ago who took action for justice and dignity.”

     We couldn’t agree more. So, as we head out to our family barbeques or other Labor Day activities, we wish to pay tribute to those individual threads – the American Workers – that together create the fabric of our nation.

Spokane Restaurant Owner Charged with Theft of Nearly $250,000 in Workers’ Comp Payments

     The Washington State Department of Labor and Industries issued the following news bulletin with details of a recent fraud investigation:

A Spokane restaurant owner faces a felony theft charge alleging she defrauded the state of nearly $250,000 in workers’ compensation benefits over eight years while claiming she could not work.  In reality, a Department of Labor & Industries investigation found Wanitta Racicot, 69, was cooking, busing tables and performing other duties at a restaurant that she co-owns.

The Attorney General’s Office recently charged Racicot, of Spokane Valley, with one count of first-degree theft in Spokane County Superior Court. Racicot is scheduled to enter her plea to the charge on Sept. 4. According to court documents, Racicot filed for workers’ compensation with L&I in 2001, claiming she injured both of her arms while working at a restaurant. After opening her claim, she regularly signed official documents stating she was not employed and was unable to work due to her injury.

In August 2011, L&I launched an investigation after Racicot’s case raised red flags to a department employee, who was examining whether Racicot should be referred for a pension. During the investigation, Racicot told an investigator that her hands remained so damaged that she could not button shirts or put on earrings, court documents said. The same month, an investigator witnessed Racicot carrying groceries, busing heavy dishes, scrubbing the bar counter and doing other tasks at her Spokane business, Broadway Bar and Grill, on multiple days. In addition, Racicot’s current and former employees and business associates told the investigator that she had been working at the restaurant for more than five years, and one employee said she had been doing so since at least 2001.

The charge alleges Racicot fraudulently received $249,267 in time-loss benefits for replacement of lost wages from March 2003 until August 2011. First-degree theft carries a maximum penalty of 10 years in prison plus a $20,000 fine and costs.

     In addition to the criminal penalty and fines, I expect that an overpayment order with fraud penalties was also issued under the workers’ compensation claim, although this was not mentioned in the bulletin.  The Department is able to issue an order claiming an overpayment of the benefits paid incorrectly PLUS a penalty of up to 50% of the overpaid amount.  The criteria for meeting the legal burden of proof in a fraud case is pretty tough, for good reason, but when fraud is proven the penalties can be quite severe.

     The description of this case sounds like the Department has a solid case against the claimant.  However, not all fraud cases are as clear-cut.  If you find yourself facing an overpayment order, with or without allegations of fraud, contact an attorney for possible assistance with the fight to come.

 

Photo credit: Flavia_FF / Foter / CC BY-NC-ND

Spokane Restaurant Owner Charged with Theft of Nearly $250,000 in Workers’ Comp Payments

     The Washington State Department of Labor and Industries issued the following news bulletin with details of a recent fraud investigation:

A Spokane restaurant owner faces a felony theft charge alleging she defrauded the state of nearly $250,000 in workers’ compensation benefits over eight years while claiming she could not work.  In reality, a Department of Labor & Industries investigation found Wanitta Racicot, 69, was cooking, busing tables and performing other duties at a restaurant that she co-owns.

The Attorney General’s Office recently charged Racicot, of Spokane Valley, with one count of first-degree theft in Spokane County Superior Court. Racicot is scheduled to enter her plea to the charge on Sept. 4. According to court documents, Racicot filed for workers’ compensation with L&I in 2001, claiming she injured both of her arms while working at a restaurant. After opening her claim, she regularly signed official documents stating she was not employed and was unable to work due to her injury.

In August 2011, L&I launched an investigation after Racicot’s case raised red flags to a department employee, who was examining whether Racicot should be referred for a pension. During the investigation, Racicot told an investigator that her hands remained so damaged that she could not button shirts or put on earrings, court documents said. The same month, an investigator witnessed Racicot carrying groceries, busing heavy dishes, scrubbing the bar counter and doing other tasks at her Spokane business, Broadway Bar and Grill, on multiple days. In addition, Racicot’s current and former employees and business associates told the investigator that she had been working at the restaurant for more than five years, and one employee said she had been doing so since at least 2001.

The charge alleges Racicot fraudulently received $249,267 in time-loss benefits for replacement of lost wages from March 2003 until August 2011. First-degree theft carries a maximum penalty of 10 years in prison plus a $20,000 fine and costs.

     In addition to the criminal penalty and fines, I expect that an overpayment order with fraud penalties was also issued under the workers’ compensation claim, although this was not mentioned in the bulletin.  The Department is able to issue an order claiming an overpayment of the benefits paid incorrectly PLUS a penalty of up to 50% of the overpaid amount.  The criteria for meeting the legal burden of proof in a fraud case is pretty tough, for good reason, but when fraud is proven the penalties can be quite severe.

     The description of this case sounds like the Department has a solid case against the claimant.  However, not all fraud cases are as clear-cut.  If you find yourself facing an overpayment order, with or without allegations of fraud, contact an attorney for possible assistance with the fight to come.

 

Photo credit: Flavia_FF / Foter / CC BY-NC-ND

The Price of ‘Made in China’

Today’s post was shared by Jon L Gelman and comes from workers-compensation.blogspot.com

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

HERE is a symbol of China’s assault on the American economy: the Verrazano-Narrows Bridge, which connects Brooklyn and Staten Island. This landmark, which opened in 1964, is North America’s longest suspension bridge. It’s also in urgent need of renovation. Unfortunately, $34 million in steel production and fabrication work has been outsourced to China.

How did this happen? The Metropolitan Transportation Authority says a Chinese fabricator was picked because the two American companies approached for the project lacked the manufacturing space, special equipment and financial capacity to do the job. But the United Steelworkers claims it quickly found two other American bridge fabricators, within 100 miles of New York City, that could do the job.

The real problem with this deal is that it doesn’t take into account all of the additional costs that buying “Made in China” brings to the American table. In fact, this failure to consider all costs is the same problem we as consumers face every time we choose a Chinese-made product on price alone — a price that is invariably cheaper.

Consider the safety issue: a scary one, indeed, because China has a very well-deserved reputation for producing inferior and often dangerous products. Such products are as diverse as lead-filled toys, sulfurous drywall, pet food spiked with melamine and heparin tainted with oversulfated…

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Why unions are turning on Obamacare

Today’s post was shared by Jon L Gelman and comes from workers-compensation.blogspot.com

The Affordable Care Act continues to generate controversy. There are obviously many paths to the same destination. Today’s post was shared by Steven Greenhouse and comes from tv.msnbc.com
President Barack Obama speaks at the AFL-CIO Labor Day picnic at Coney Island in Cincinnati Sept. 7, 2009. Some labor unions that initially backed Obama's health care overhaul are now frustrated and angry about what they say are unexpected consequences of the plan that could hurt their members. (Photo by David Kohl/AP)
 (Photo by David Kohl/AP)

President Barack Obama speaks at the AFL-CIO Labor Day picnic at Coney Island in Cincinnati Sept. 7, 2009. Some labor unions that initially backed Obama’s health care overhaul are now frustrated and angry about what they say are unexpected consequences of the plan that could hurt their members.

“Repeal and replace” is the Grand Old Party’s oft-repeated mantra regarding Obamacare, which House Republicans voted to repeal for the 40th time on Friday. But in April, an organization in the president’s base echoed the refrain.

On April 24, the United Union of Roofers, Waterproofers, and Allied Workers released a statement demanding “repeal or complete reform of the Affordable Care Act.” While no other union has yet called for an outright repeal of the health care law, a growing number of them argue that serious reform is needed.

“We continue to stand behind real health care reform, but the law as it stands will hurt millions of Americans including the members of our respective unions,” wrote the presidents of three major labor unions in a July letter to Congressional Democratic leadership. The subsequent three and a half weeks have not assuaged their fears.

“There are members of Congress who have…

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3 Responses for “What the Recent Data Breach Says About the State of Health IT”

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

By David Do, MD

Earlier this month officials at Oregon Health Sciences University discovered that residents in several departments were storing patient information on Google Drive, and had been doing so for the past two years. Given They treated this discovery as a breach of privacy and notified 3000 patients about the incident.

While I don’t condone the storage of patient information on unapproved services like Gmail or Google Drive, this incident pretty much highlights the sorry state of information systems within the hospital and the unfulfilled need by physicians for tools that facilitate workflow and patient care.

It says something that the Oregon residents felt compelled to take such a drastic action. I don’t know what punishment – if any – those responsible were given by administrators for their “crimes.” I’ll leave it to readers to make up their own minds about the wisdom of the unauthorized workaround and the appropriateness of any punishment. But I do know that the message the incident sends is a very clear one.

We’re screwing this up. There is really no earthly reason why it should be any more difficult to share a patient record than it is to share a Word doc, a Powerpoint or yes, even a cloud-based Google Drive spreadsheet.

Why the Breach Happened

What’s going on here? Let’s say I admit a patient to the hospital.  Our…

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DLI Announces New Centers of Occupational Health and Education

Another option for speeding recovery from injury.

     The Department of Labor & Industries has finalized new agreements with health-care organizations to provide Centers of Occupational Health and Education (COHEs). COHEs are organizations that improve medical treatment for Washington’s injured workers.

     “The COHEs have proven their ability to prevent disability for workers,” said Joel Sacks, L&I director. “By improving occupational health care, they keep valuable workers on the job and reduce costs for employers.”

     Two brand-new COHE sponsors include:

  • A coalition of 12 health-care organizations led by Franciscan Health System, that will offer COHE services covering all western Washington counties.
  • Group Health Cooperative, which will provide services to injured workers at 11 clinics in western Washington and one in Spokane. Patients do not need to be members of Group Health to see doctors in these clinics for work-related injuries or illnesses.

 

 Ask us about our opinion of Group Health Cooperative as a DLI provider…

     L&I has also renewed contracts with the four existing COHEs:

     The COHEs provide training and organizational support to medical providers to increase their use of best practices in treating injured workers. These best practices focus on safely returning workers to full function and full employment. Examples of best practices include talking with the employer about return to work and regularly assessing a worker’s ability to do work activities.

     A 2011 study found that injured workers treated by COHE-affiliated health-care providers are away from work for 20 percent fewer days than other injured workers. COHE care also reduces disability and medical costs by $510 per claim during the first year.

     The new agreements are a major step towards meeting a legislative requirement to expand COHE services to all injured workers statewide by 2015, part of the 2011 workers’ comp reform

 

Photo credit: Paul Schreiber / Foter / CC BY-NC

Nanotechnology in the Workplace

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

During cancer research in 1986 an accident created the first man-made nanoparticle, an incredibly small particle which can absorb radiant energy and theoretically destroy a tumor. One type of nanoparticle is 20 times stronger than steel and is found in over 1,300 consumer products, including laptops, cell phones, plastic bottles, shampoos, sunscreens, acne treatment lotions and automobile tires. It is the forerunner of the next industrial revolution.

What is the problem? Unfortunately, nanoparticles are somewhat unpredictable and no one really knows how they react to humans. A report out of China claims that two nano-workers died as a result of overexposure, and in Belgium five males inhaled radioactive nanoparticles in an experiment and within 60 seconds the nanoparticles shot straight into the bloodstream, which is a potential setup for disaster. In a survey of scientists 30% listed “new health problems” associated with nanotechnology as a major concern.

Lewis L. Laska, a business law professor, wrote an article in Trial Magazine (September, 2012) in which he advised lawyers to become knowledgeable about nanoscience and be aware of the potential harm to workers and others who come in contact with this new technology, particularly because the EPA, FDA and OSHA have neither approved nor disapproved the use of nanostructures in products. It has been said that workers are like canaries in the cage (in mining operations), and if nanoscience is a danger then workers’ compensation lawyers will be the first to see it and appreciate it.

Intoxication, Work, And Workers’ Compensation Don’t Mix

Today’s post comes from guest author Paul J. McAndrew, Jr., from Paul McAndrew Law Firm.

Most of us know that, for both professional reasons and in the interest of safety, remaining sober while on the job is essential. However, it is important to also recognize that workers who are intoxicated at the time that they sustain a work injury stand a far lower chance of ever collecting workers’ compensation.

If the blood test shows the presence of alcohol or drugs, odds that the employee will be able to collect workers’ compensation are much lower.

This is because of the intoxication defense: if an employer can prove that intoxication was the cause of the workers’ injury, then they employer is not required to provide workers’ comp for that injury.

Now, there are some notable Continue reading Intoxication, Work, And Workers’ Compensation Don’t Mix