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September 15, 2004 9:40 PM
Workers' Compensation News - September 15, 2004 Volume 2 Issue 237

 Preventing Occupational Exposures to Antineoplastic and Other Hazardous Drugs in Health Care Settings 

-First Reports of Health Effects in World Trade Center Rescue and Recovery Workers Find High Rates of Respiratory and Mental Health Problems 

For these stories and others visit our web site http://www.gelmans.com

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WELDER AWARDED BENEFITS FOR NEUROLOGICAL INJURIES
PA panel affirmed workers' compensation benefits for welding fume exposure and neurological injuries. The Court held that the claimant's neurology expert gave scientifically competent testimony (Cerro Metal Products Co., et al. v. Workers' Compensation Board [Francis Plewa], No. 696-2004, Pa. Cmwlth.; 2004 Pa. Commw.
http://www.courts.state.pa.us/OpPosting/CWealth/out/696CD04_8-5-04.pdf

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EXCLUSIVITY BAR NOT APPLICABLE IN ESTATE CLAIM 
Workers' Compensation: Arkansas workers compensation exclusivity bar did not apply to claims of estate against employer. Tanks ex rel. Estate of Willis v. Lockheed-Martin Corp. --- F.Supp.2d ----, 2004 WL 1898221 (S.D.Miss.)

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REDUCED INABILITY TO WALK RESULTS IN OREGON WC AWARD
Workers' Compensation: Workers' compensation award was warranted to claimant based solely on reduced inability to walk. Saif Corp. v. Donahue-Birran 

Saif, Measure 38: Con - Ending the workers' comp system would hurt businesses, economy 
http://www.oregonlive.com/commentary/oregonian/index.ssf?/base/editorial/1094904140252140.xml

Other states offer insight on Saif quandary
As voters size up Oregon's workers' comp system, California and Washington take other tacks. Oregon isn't alone in its quandary over state-managed insurance for injured workers. Washington and California have their own problems with workers' compensation, struggles that differ somewhat but still offer broad lessons for any state trying to make its system work better. 
http://www.oregonlive.com/news/oregonian/index.ssf?/base/front_page/109455816153170.xml

Two Democratic legislators on Thursday called for an audit of a workers' compensation program that has produced about $2.3 million in payments from the state-owned Saif Corp. to Associated Oregon Industries in the past four years.
http://www.injuredworker.org/Library/Oregon_Lobbyist/Lawmakers_Question_WC_Plan.htm

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NEWLY ENACTED LEGISLATION IN NJ
Extends workers' compensation coverage under NJ Horse Racing Injury Compensation Board to thoroughbred exercise riders in certain circumstances.
P.L.1995, c. 329 Approved August 8, 2004

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CALIFORNIA "25% of the US Workers' Compensation marketplace"

I. SCIF - Mashed, Baked or Deep-Fried?
http://www.wcexec.com/vdata/5/nl/12/everything/Publius_1.asp 

II. The Brave New World of Permanent Disability
http://www.wcexec.com/vdata/5/nl/12/everything/Publius_2.asp

III. Rate Regulation - Shooting the Messenger
http://www.wcexec.com/vdata/5/nl/12/everything/Publius_3.asp

IV. Governing Wisely from Arden Way 
http://www.wcexec.com/vdata/5/nl/12/everything/Publius_4.asp

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HIPPA VIOLATION PENALTIES
Criminal penalties for breaking the privacy law: 
$50,000 penalty, imprisonment of not more than 1 year or both, for wrongful disclosure. 
$100,000 penalty, imprisonment of not more than 5 years or both, for an offense under false pretense. 
$250,000 penalty, imprisonment of not more than 10 years or both, for selling or intent to sell individually identifiable health information. 

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WTC CLASS ACTION FILED FOR INJURED IN 911
Ground Zero workers sue over toxic exposure
A class action lawsuit filed in federal court in Manhattan alleges that authorities failed to protect Ground Zero workers and lower Manhattan residents from the "largest toxic exposure problem in history."
http://www.newsday.com/news/health/ny-nytoxi143967139sep14,0,3261814.story

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A BRAVE NEW WORLD
Workers will be free to buy in the private market disability insurance covering both work related and personal disability insurance. 
http://www.riskandinsurance.com/040901_column_2.asp

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RETAILITORY DISCHARGE STATUTE APPLIES TO SUBSEQUENT EMPLOYERS
Bruner v. GC-GW, Inc. 
http://www.1dca.org/opinion/opinions2004/8-30-04/03-3775.pdf

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