Category Archives: Uncategorized

Steve Coll: Raising the minimum wage.

Today’s post was shared by Steven Greenhouse and comes from www.newyorker.com

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by December 9, 2013

In 2005, Alaska Airlines fired nearly five hundred union baggage handlers in Seattle and replaced them with contractors. The old workers earned about thirteen dollars an hour; the new ones made around nine. The restructuring was a common episode in America’s recent experience of inequality. In the decade after 2000, Seattle’s median household income rose by a third, lifted by the stock-vested, Tumi-toting travellers of its tech economy. But at the bottom of the wage scale earnings flattened.

Sea-Tac, the airport serving the Seattle-Tacoma area, lies within SeaTac, a city flecked by poverty. Its population of twenty-seven thousand includes Latino, Somali, and South Asian immigrants. Earlier this year, residents, aided by outside labor organizers, put forward a ballot initiative, Proposition 1, to raise the local minimum wage for some airport and hotel workers, including baggage handlers. The reformers did not aim incrementally: they proposed fifteen dollars an hour, which would be the highest minimum wage in the country, by almost fifty per cent. A ballot initiative so audacious would normally have little chance of becoming law, but Proposition 1 polled well, and by the summer it had turned SeaTac into a carnival of electoral competition. Business groups and labor activists spent almost two million dollars on television ads, mailings, and door knocking—about three hundred dollars per eventual voter. (Alaska Airlines…

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Johnson & Johnson to reportedly pay $4B in hip implant lawsuit

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.chicagotribune.com

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Johnson & Johnson will pay more than $4 billion to settle thousands of lawsuits over its recalled defective hip implants, Bloomberg reported late on Tuesday, citing three people familiar with the deal.

Johnson & Johnson declined to comment on the report.

The deal will resolve more than 7,500 lawsuits brought against J&J’s DePuy orthopedics unit in federal and state courts by patients who have already had the defective devices removed, the report said.

De Puy recalled thousands of its metal ASR hip systems due to higher-than-expected failure rates. Plaintiffs claim that defective metal-on-metal devices caused pain, discomfort and more serous complications, including increased levels of metal ions in the bloodstream.

The devices were introduced in the United States in 2005, and DePuy recalled the product in 2010 after selling an estimated 93,000 units worldwide. Data from the UK at the time showed that about 12 percent of the implants needed to be replaced after five years.

Metal implants were developed to be more durable than traditional hip implants, which combine a ceramic or metal ball with a plastic socket. All-metal implants can shed metallic debris, potentially damaging bone and soft tissue, according to the U.S. Food and Drug Administration.

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Macy’s Joining Wal-Mart on Thanksgiving Energizes Labor

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

Macy’s Inc. (M), whose annual Manhattanparade is a cherished Thanksgiving tradition for millions, isstarting a new holiday ritual: It’s asking its employees to showup for work.

Pressured by competition, a shorter shopping season andlackluster consumer spending, at least a dozen U.S. mega-retailers are opening for the first time on Thanksgiving Day,such as Macy’s, or opening earlier that day than in previousyears. They are following Wal-Mart Stores Inc. (WMT), the largest U.S.employer, which has been open for business on Thanksgiving formore than 25 years.

“Another holiday bites the dust in favor of retailers,”Candace Corlett, president of New York consulting firm WSLStrategic Retail, said in a Nov. 12 phone interview. “Ourculture now is to shop, and to get the best deals. Thanksgivingas a day of rest was another culture, another time, not today.”

The expansion of hours will take more than a millionemployees away from their families during the holiday. Organizedlabor has been encouraging low-wage employees to join unions foryears to stem membership losses, and now wants to use theThanksgiving hours to encourage workers to band together toimprove working conditions.

“It plays into the larger themes that we’ve been pushingaround low-wage workers who don’t have a lot of job security,”Amaya Smith, a spokeswoman for the AFL-CIO, said in aninterview. “Thanksgiving, Black Friday is one example of oneholiday…

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How Safe Is Healthcare for Workers?

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

The issue raised by Mr. Rehm was investigated thoroughly in a book given to us by a client, an injured nurse who contributed her story to the effort under a pseudonym: Back Injury Among Healthcare Workers, published by Lewis Publishers. It is a great resource, providing case-studies, statistics and suggestions for improvements for workers in the healthcare field.

The article that today’s blog post is based upon is an in-depth look at how one state’s OSHA office interacts with a sector of the healthcare community: hospitals. Like Iowa, but unlike Nebraska, Oregon is one of 27 states or U.S. territories that has an OSHA office at the state level

The “Lund Report: Unlocking Oregon’s Healthcare System” article talks extensively about nuances within ways that OSHA offices, whether state or federal, can measure the safety of healthcare providers like hospitals and nursing homes. 

As evidenced in previous blog posts about senior-care workers and lifting injuries, I have continuing concerns for the safety of healthcare workers. 

According to the in-depth article, “A Lund Report review suggests that in Oregon, regulators are de-emphasizing attention to hospital employee safety, despite national data showing that healthcare workers are injured in the U.S. each year at rates similar to farmers and hunters. Most Oregon hospitals have not been inspected by the state Occupational Safety and Health Division in years. And when on-the-job hazards are detected, Oregon’s OSHA office levies the lowest average penalties in the country.”

Should workers get lost as the patients are the focus of these healthcare institutions? Should regulation and inspections or fines by such groups as OSHA be the driving force toward workplace safety for healthcare employees?

It seems to me that healthcare administrators’ emphasis on profit is more important than proper concern for their employees – the nation’s caregivers. And if you or your family member is the healthcare worker who gets hurt on the job, this lack of focus on the worker is more than just a philosophical argument.

Yelp Reviewers File Class-Action Lawsuit Claiming They Are Unpaid Writers

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.huffingtonpost.com.

My question: if an Elite reviewer is found to be an employee of Yelp, do they then have exposure to workers’ compensation claims?

A group of irate reviewers have sued Yelp, claiming that they are unpaid writers who are vital to the company’s existence.

The plaintiffs filed a California class action lawsuit in Los Angeles on October 22, referring to themselves as writers and non-wage paid employees at the review site who have earned the company huge sums of money.

“The practice of classifying employees as ‘reviewers’ or ‘Yelpers’ or ‘Elites’ or ‘independent contractors’ or ‘interns’ or ‘volunteers’ or ‘contributors’ to avoid paying wages is prohibited by federal law, which requires employers to pay all workers who provide material benefit to their employer, at least the minimum wage,” the lawsuit reads.

The plaintiffs also claim to have been unjustly “fired” by Yelp when their accounts were suspended, and that they were pressured by the site to write more reviews in order to remain “Elite” Yelpers, a designation the site awards its most active and followed reviewers.

“In order to maintain her ‘Elite’ status, (plaintiff Lily Jeung) was often directed to write more reviews if in Yelp’s opinion her production seemed to slack off,” the lawsuit contends. “Ms. Jeung was fired from her position with no warning, a flimsy explanation, and no opportunity for recourse or appeal rights. Her license to write reviews was revoked; the awards she had attained were taken away;…

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Neuroscience may offer hope to millions robbed of silence by tinnitus

An MRI of the brain of a chronic tinnitus sufferer reveals regions that are affected by the disease. Video still from PBS NewsHour

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

In a Washington State workers’ compensation claim, tinnitus can be recognized as a condition presenting permanent impairment at a level that correlates to a Permanent Partial Disability (PPD) award, resulting in a monetary payment at the closure of a claim. The Department of Labor and Industries policy is to pay a PPD award for tinnitus only in conjunction with a measurable level of occupationally-related hearing loss.

If you or a loved one have occupational hearing loss and associated tinnitus, a workers’ compensation claim may be filed for treatment and benefits. Feel free to contact us with any questions in this regard.

On Easter Sunday in 2008, the phantom noises in Robert De Mong’s head dropped in volume — for about 15 minutes. For the first time in months, he experienced relief, enough at least to remember what silence was like. And then they returned, fierce as ever.

It was six months earlier that the 66-year-old electrical engineer first awoke to a dissonant clamor in his head. There was a howling sound, a fingernails-on-a-chalkboard sound, “brain zaps” that hurt like a headache and a high frequency “tinkle” noise, like musicians hitting triangles in an orchestra.

Many have since disappeared, but two especially stubborn noises remain. One he describes as monkeys banging on symbols. Another resembles frying eggs and the hissing of high voltage power lines. He hears those sounds every moment of every day.

De Mong was diagnosed in 2007 with tinnitus, a condition that causes a phantom ringing, buzzing or roaring in the ears, perceived as external noise.

When the sounds first appeared, they did so as if from a void, he said. No loud noise trauma had preceded the tinnitus, as it does for some sufferers — it was suddenly just there. And the noises haunted him, robbed him of sleep and fueled a deep depression. He lost interest in his favorite hobby: tinkering with his ‘78 Trans Am and his two Corvettes. He stopped going into work.

That month, De Mong visited an ear doctor, who told him he had high frequency hearing loss in both ears. Another doctor at the Stanford Ear,…

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Meningitis lawsuit says TN senator-doctor gave tainted injection, does not name him as defendant

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…

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Minimum Wage will increase by 13 cents to $9.32 per hour on January 1, 2014

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.

More information on Washington’s minimum wage is available at Wages.Lni.wa.gov. Employers and workers also may call 360-902-5316 or 1-866-219-7321.

 Photo credit: Unhindered by Talent / Foter / CC BY-SA

Deion Sanders, critic of NFL concussion suits, seeks workers’ comp

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…

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Rail Company Involved in Quebec Explosion Files for Bankruptcy

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.

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