January 10, 2008 9:50 AM
A new law on the books introduced in the Senate on Dec. 18, 2007 and signed by the President on December 29, 2007 is going to have significant impact on how the workers' compensation system operates in the future concerning Medicare Secondary Payer (MSP) issues.
January 08, 2008 9:52 AM
As the new political and legislative year unfolds, stakeholders are keeping their eye on the prize, medical benefits, in the workers' compensation arena. Recent court decisions continue to emphasize the major significance of medical care and continue to question the ability of the presently crafted system to deliver medical benefits in an efficient and effective manner.
November 30, 2007 9:54 AM
Asbestos, a know cancer causing agent, has been found in toys still being sold in the US. The CSI Fingerprint Examination Kit and two brands of children's play clay along with many household products still in stores for sale have been reported by the Asbestos Disease Awareness Organization (ADAO).
November 16, 2007 10:02 PM
Dana Corp. won approval of the US Bankruptcy Court for the potential resolution of 150,000 asbestos claims against the auto parts manufacturer. The settlement will be paid from insurance proceeds.
November 15, 2007 10:04 PM
PROVIGIL is a medication that has the active ingredient of Modanifil and is used to treat excessive sleepiness caused by certain sleep disorders. These sleep disorders are narcolepsy, obstructive sleep apnea/hypopnea syndrome, and shift work sleep disorder. In addition to its wakefulness-promoting effects, PROVIGIL produces psychoactive and euphoric effects, alterations in mood, perception, thinking, and feelings typical of other central nervous system stimulants.
November 11, 2007 12:33 PM
On October 14, 2007, Medtronic, the nation's largest heart implant device manufacturer, announced a defect in the critical electrical "lead" component of its heart defibrillator. The New York Times reported on October 15, 2007, that the defect in this electrical wire, called the Sprint Fidelis, has resulted in hundreds of malfunctions and may have
November 05, 2007 11:42 PM
Specific lot numbers of the Composix® Kugel® Mesh Patches, used to repair ventral (incisional) hernias caused by thinning and stretching of scar tissue post-surgery, were recently recalled by manufacturer Davol, Inc., a subsidiary of C.R. Bard, Inc. The recall occurred after it was discovered that the "memory recoil ring," which opens the patch, can break under the stress of placement in the intra-abdominal space. This can lead to serious intestinal conditions such as bowel perforations and/or chronic intestinal fistulae (abnormal connections or passageways between the intestines and other organs).
October 29, 2007 11:47 PM
The N.J. Prescription Drug Retail Price Registry will help consumers compare the retail prices charged by many pharmacies for the 150 most frequently prescribed prescription drugs.
October 29, 2007 1:17 AM
The US EPA (Environmental; Protection Agency) has published an announcement to seek appointments to its Scientific Advisory Panel with asbestos experts in short course. In a notice published in the Federal Register on October 26, 2007 the US EPA announced a deadline of November 16, 2007.
October 27, 2007 1:20 AM
WCRI has been “researching” or generating data for the Industry for 24 years. The introductory remarks were offered by Robert Steggert, Marriott International, Inc., Chair WCRI Bd or Directors. The central topic of the entire program has been medical costs and how to contain them and the consequential effect upon medical claims, temporary benefits and permanent benenfits.
October 24, 2007 1:24 AM
Lead is a highly toxic metal that at one time was an ingredient in many household products, including lead-based paints manufactured before 1978. The primary source of lead exposure among U.S. children is the lead-based paint and lead-contaminated dust and soil found in and around old, deteriorating buildings.
October 20, 2007 8:51 AM
The British House of Lords in a recent decision has take a step backward in time and has ruled that those who suffer pleural plaques (scarring of the lungs) as a result of asbestos exposure are unable to claim compensation. Parliament declared, " If the pleural plaques are not in themselves damage, do they become damage when aggregated with the risk which they evidence or the anxiety which that risk causes? In principle, neither the risk of future injury nor anxiety at the prospect of future injury is actionable. "
August 11, 2007 8:54 AM
While denying class action certification for a medical monitoring class and a punitive damage class, the NJ App Div permitted an INTENTIONAL TORT action against the employer to go forward in a common law civil claim.
August 11, 2007 8:53 AM
Following pleas from state health officials after the Centers for Disease Control linked at least 165 cases of Salmonella in 31 states to ConAgra produced pot pies, the company finally recalled the products on Thursday, October 11, 2007.
August 06, 2007 8:56 AM
INSURANCE INDUSTRY AGAIN OFFERS MSP LEGISLATION THAT WOULD DISCOURAGE WORKERS' COMPENSATION PERIODIC PAYMENTS
After a failed attempt in the last Congress, the Insurance Industry has again offered similar legislation to encourage "lump sum" settlements in Workers' Compensation hearings, H.R.2549, and circumvent reimbursement of the ailing Medicare program. This legislation failed to gain acceptance in the last Congress as it did not receive the support of interest groups involved in preserving the Medicare system and Labor who continues to support a periodic benefit system in Workers' Compensation.
July 09, 2007 8:59 AM
FLORIDA EXPANDS INTENTIONAL TORT EXCEPTION
Employee's injury was substantial certainty from employer's failure to respond to requests for new ladder did not require proof that employer concealed danger.
"Even though case law on the intentional tort exception to workers' compensation immunity is devoid of any defined test that will establish substantial certainty as a matter of law, it is evident that concealment of the dangerous condition is only one of several factors in a nonexclusive list. "
Bakerman v The Bombay Company, ___So. 2d____, 2007 WL 1774420 (Fla.), decided June 21, 1007
June 27, 2007 9:01 AM
American Bar Association Establishes The College of Workers' Compensation Lawyers. Jon Gelman, Author and Litigator, Installed as Fellow. NAPLES, FL.,March 2, 2007 – The College of Workers’ Compensation Attorneys announced today that Jon L. Gelman has been inducted as a fellow of the national organization at its first annual induction dinner.
June 25, 2007 11:09 PM
NYC CONNECTS AN EXPOSURE TO 911
For the First Time, the City Connects a Death to 9/11 Dust
New York City’s chief medical examiner, Dr. Charles S. Hirsch, has for the first time directly linked a death to exposure to dust from the destruction of the World Trade Center.
June 07, 2007 5:21 PM
Medical expenses in contested workers’ compensation cases are now a significant and troublesome issue resulting in uncertainty, delay and potential future liability. The recent NJ Supreme Court decision, University of Mass. Memorial Hospital v. Christodoulou, 180 N.J. 334 (2004) has left the question of how to adjudicate medical benefits that were conditionally paid or paid in error. Presently there is no exclusively defined procedure to determine the allocation, apportionment of primary responsibility for unauthorized medical expenses and reimbursement.
May 10, 2007 11:13 PM
CLEARING THE WORKERS' COMPENSATION BENEFIT HIGHWAY OF MEDICAL EXPENSE LAND MINES
Medical expenses in contested workers’ compensation cases are now a significant and troublesome issue resulting in uncertainty, delay and potential future liability. The recent NJ Supreme Court decision, University of Mass. Memorial Hospital v. Christodoulou, 180 N.J. 334 (2004) has left the question of how to adjudicate medical benefits that were conditionally paid or paid in error. Presently there is no exclusively defined procedure to determine the allocation, apportionment of primary responsibility for unauthorized medical expenses and reimbursement. By John H. Geaney and Jon L. Gelman