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Archive | November, 2012

VIAW Newswire 11.21.12

Posted on 21 November 2012 by admin

The Many Benefits of Paid Family and Medical Leave

American workers and their families no longer look the way they did in the 1960s. Women’s participation in the labor force has been steadily growing over time, and women now make up about half of all workers.

http://tinyurl.com/cyjx5hn

AMA Impairment Ratings Often Unfavorable to Workers in Illinois

Most people have probably never heard of the American Medical Association’s impairment ratings. As part of the Illinois workers’ compensation reforms of 2011, these ratings are now used by physicians and considered by courts and arbitrators when evaluating workers’ compensation claims.

http://tinyurl.com/c7ergo9

Workers’ Compensation Changes Not Only in CA:

Proposed Medical Treatment Guidelines Implemented

In December 2010, the New York State Workers’ Compensation Board implemented a program of medical treatment guidelines (MTG) that fundamentally changed the delivery of health care to injured workers. The MTG program included four comprehensive, evidence-based guidelines for the treatment of injuries and illnesses involving the neck, back, shoulder and knee, with associated new processes for the implementation of the guidelines.

http://tinyurl.com/a7run93

Annals of Compensability: These Boots Ain’t for Walking

John Pearson was diagnosed in his mid-20’s with diabetes and was insulin dependent.

http://tinyurl.com/a3nbxl9

Accuracy isn’t priority as VA battles disability claims backlog

U.S. Navy cook Hosea Roundtree watched the 1983 shelling of Beirut from the deck of a ship, feelings of helplessness washing over him as people perished onshore.

http://tinyurl.com/b72loeu

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VIAW Newswire 11.19.12

Posted on 21 November 2012 by admin

Report: NFL Retirement Board Paid $2 Million to Ex-Players While League Denied Concussion Risks

According to documents obtained in a joint investigation by PBS’ “FRONTLINE” program and ESPN’s “Outside the Lines,” the National Football League’s retirement board awarded at least $2 million in disability payments to at least three former players after reaching the conclusion that football was the cause of their brain injuries.

http://tinyurl.com/chv6bfh

Giving Thanks for Hostess Workers

This is the new American story, but someone finally stood up and said, “Stop!”

http://tinyurl.com/dxbepew

Retirement Anxiety Grows Among Young Adults

Americans are more worried about having the wealth and income necessary to fund their retirements than they were at the end of the Great Recession, according to a Pew Research Center survey released on Monday.

http://tinyurl.com/8h2h6qy

California’s Unemployment Rate Decreases to 10.1 percent Nonfarm Payroll Jobs Increase by 45,800

SACRAMENTO– California’s unemployment rate decreased to 10.1 percent in October, and nonfarm payroll jobs increased by 45,800 during the month for a total gain of 574,900 jobs since the recovery began in February 2010, according to data released today by the California Employment Development Department (EDD) from two separate surveys.

http://tinyurl.com/c4pcgw8

Offshore Platform Explosion:

11 injured, 2 missing

The U.S. Coast Guard in New Orleans confirms there was an offshore platform explosion in the Gulf of Mexico that happened around 9:15 a.m. Friday. It is believed to be off the coast of Grand Isle in Federal Waters. Capt. Ed Cubanski with the U.S. Coast Guard says contrary to previous reports there have been no confirmed deaths from the explosion.

http://tinyurl.com/c34do7e

Retirement Anxiety Grows Among Young Adults

Americans are more worried about having the wealth and income necessary to fund their retirements than they were at the end of the Great Recession, according to a Pew Research Center survey released on Monday.

http://tinyurl.com/8h2h6qy

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VIAW Newswire 11.16.12

Posted on 21 November 2012 by admin

NFL Falcons Can’t Seek Benefits in California

ATLANTA (CN) – Former Atlanta Falcons players who signed employment contracts in Georgia cannot seek workers’ compensation in California, a federal judge ruled.

http://tinyurl.com/amuskyu

Keith More: The 2012 Workers’ Compensation Trial Lawyer of the Year

For 23 years, Keith More has been one of the few attorneys in Southern California to advocate on behalf of both personal injury and workers’ compensation clients. In that time, More has become known for his ability to handle crossover cases involving the two practice areas. He notes, “By handling issues related to both cases in one office, we have been able to maximize the workers’ comp benefits and compensation our clients deserve.

http://tinyurl.com/b4tmkcb

Magic Johnson Sued for Wrongful Termination and Age Discrimination

Magic Johnson’s former flight attendant has sued his company for wrongful termination in Los Angeles Superior Court.

http://tinyurl.com/aqarw8s

Workplace Homicides and Violent Work Injuries

Preliminary reporting by the U.S. bureau of Labor Statistics for 2010-2011 states that there were 458 homicides in the workplace nationwide. 22 of those work fatalities were in Nevada and were caused by violent co-workers, employers or others. However, not all violent deaths or injuries that happen at work are covered under workers’ compensation insurance.

http://tinyurl.com/aokmfrn

“Rounding” is lawful in California – as long as it’s even-handed

Pamela Silva brought a wage-and-hour class action against her former employer, See’s Candy Shops, Inc., alleging, in part, that See’s failed to pay her wages for all hours worked because the See’s timekeeping system rounded employee time entries to the nearest tenth of an hour/nearest six minutes.

http://tinyurl.com/bx8yuxr

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VIAW Newswire 11.15.12

Posted on 21 November 2012 by admin

Up in Smoke: Should Medical Marijuana be Allowed in California Workers’ Compensation

The use of medically prescribed marijuana has been a controversial issue in California for many years. It is interesting that the issue does not come up more often in the workers’ compensation context. It may not come up more because marijuana is still fundamentally an illegal drug.

http://tinyurl.com/a8hh22l

WCAB Lacked Jurisdiction for Football Player’s Claim for Out of State Injuries

WCAB Jurisdiction—Extraterritorial Jurisdiction—WCAB held that it did not have jurisdiction over applicant’s claimed out-of-state industrial injuries under Labor Code §§ 3600.5(a) and 5305 because applicant’s contract of hire was not made in California…

http://tinyurl.com/a8h9pbt

Safety First: National Alliance between OSHA and International Window Cleaning Association

Through the OSHA and IWCA Alliance, the organizations will provide IWCA members and others, with information, guidance, and access to training resources that will help them protect the health and safety of workers.

http://tinyurl.com/b7zuduw

Industrial Accident at Fontana Plant Second in Three Months

FONTANA — State investigators say a deadly industrial accident at a concrete plant Monday is the second in three months involving a worker who lost a leg at the site.

http://tinyurl.com/bchs7s6

WalMart Contracted Warehouse Workers Ahead of Black Friday

Workers at a Walmart-contracted warehouse in Southern California went on strike Wednesday to demand better conditions at their facility, according to Warehouse Workers United, a union-backed group representing the employees.

http://tinyurl.com/c6gtr7c


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VIAW Newswire 11.14.12

Posted on 21 November 2012 by admin

U.S. Workers’ Compensation Rises 0.4%

Pay and benefits for U.S. workers saw modest growth from July through September, which suggests the unsteady labor market is holding back compensation.

http://tinyurl.com/d6l39vq

Supreme Court to Hear Arguments in ERISA Equitable Reimbursement Claim

ERISA health reimbursement claims asserted in Workers’ Compensation claims may be subject to equitable relief depending on the upcoming decision in a case pending before the US Supreme Court. Oral argument is scheduled for Nov. 27, 2012.

http://tinyurl.com/anur9fr

Workers’ Compensation Is About Relationships

Prevention of accidents should be the first step in establishing a successful workers’ compensation system. If an employer were truly concerned about the health and safety of the employee there would be no need for workers’ compensation.

http://tinyurl.com/awhspja

What Is a REDA Claim in Workers’ Compensation?

If your employer fires you after filing a workers’ compensation claim then you would likely have a REDA claim against them. So what exactly is a REDA claim?

http://tinyurl.com/aveeww8

Is the Structured Settlement Process in Need of Reform?

The financial debacle that has denied hundreds of former Executive Life of New York (ELNY) policyholders much of the income payments once promised them has shone a light on a corner of the industry little understood by many life insurance and financial service professionals: annuity-funded structured

http://tinyurl.com/bkkj6v2

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VIAW NEWSWIRE 11.13.12

Posted on 21 November 2012 by admin

NLRB Eyes Non-Union Workplaces

My article entitled “NLRB eyes non union workplaces” discusses the NLRB’s recent intrusion into non union workplaces. The NLRB is already limiting what employers can say in their social media policies. Now it is attempting to regulate employer’s “at-will” employment policies as well.

http://tinyurl.com/a33byhw

Invisible War Wounds Hinder Vets’ Job Hunts

While there are many wounded warriors from the wars in Iraq and Afghanistan that may fit Hollywood stereotypes of disabled veterans — Lt. Dan from “Forrest Gump,” for example — the bulk of the wounds from those wars are more insidious because they are invisible.

http://tinyurl.com/arbmhmw

2012 Medicare Trustees Annual Report Shows Short-term and Long-Term Financial Difficulties

The Medicare program has two components. Hospital Insurance (HI) and Supplementary Medical Insurance (SMI). HI, otherwise known as Medicare Part A, helps pay for hospital, home health, skilled nursing facility, and hospice care for the aged and disabled.

http://tinyurl.com/au765wj

NFL Bounties – Intentional Injuries

The injury rate in the NFL is 100 percent. If you stay around long enough you will have multiple injuries. This high “natural” injury rate makes it hard to understand how a team could give awards to players who injure other players, but that’s just what the New Orleans Saints did, and now appeals are being filed against rulings that impose penalties for those acts.

http://tinyurl.com/b373hjh

Compounding Pharmacies and 2012 Meningitis Outbreak

The current national outbreak of fungal meningitis linked to a spinal injection with a contaminated steroid produced by the New England Compounding Center in Framingham, Massachusetts has recently been commented on by the Centers for Disease Control and Prevention (CDCP).

http://tinyurl.com/aoh8tvm

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VIAW Newswire 11.12.12

Posted on 21 November 2012 by admin

Legal Drugs, Deadly Outcomes

Prescription overdoses kill more people than heroin and cocaine.

An L.A. Times review of coroner’s records finds that drugs prescribed by

a small number of doctors caused or contributed to a disproportionate

number of deaths.

http://tinyurl.com/b47dvxb

California Permanent Total Disability (100%) Application for the iPhone & Android

Santa Ana, CA, October 24, 2012 – (PR.com)–As more cases are entering the rating phase that are potentially entitled to the C.O.L.A. adjustment, California Workers’ Compensation claims professionals, attorneys and their support staff are spending ever increasing amounts of time estimating the potential value of P.T.D. benefits.

http://tinyurl.com/akvmdtg

California Workers’ Compensation Statute Held Not To Support a Common Law Tort Claim

California Labor Code section 132a, the anti-retaliation provision of the state workers’ compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy.

http://tinyurl.com/bn7s84s

Ventura County Worker Killed in Hole-digging Machine

SANTA PAULA, Calif.—A Ventura County field worker has been killed after being pulled into a machine that digs post holes.

http://tinyurl.com/awyagog

Two Officials at Kentucky Mine Where Worker Killed Face Prison for Safety Violations

LOUISVILLE, Ky. — Plea agreements say two supervisors at an eastern Kentucky mine where a coal miner was killed last year knowingly violated federal safety laws.

http://tinyurl.com/aoe2bfy

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VIAW Newswire 11.09.12

Posted on 21 November 2012 by admin

When is a Workers’ Comp Claim Not a Workers’ Comp Claim?

Our preview of the civil cases on the Illinois Supreme Court’s November oral argument docket continues with Skokie, Castings, Inc. v. Illinois Insurance Guaranty Fund.

http://tinyurl.com/cxmxuzr

DWC Announces November Meeting Regarding Physician Fee Schedule

Senate Bill 863, which creates wide-ranging changes to the workers’ compensation system, includes alterations to the physician fee schedule. The Department of Industrial Relations’ (DIR) Division of Workers’ Compensation (DWC) is seeking public input as it moves forward with adjusting the physician fee schedule and has scheduled a meeting Wednesday, Nov. 14 to discuss issues relating to adoption of a Resource Based Relative Value Scale-based physician fee schedule (RBRVS).

http://tinyurl.com/cduwynu

Employer Handbook: Workers’ Compensation Retaliation

Who, What, Why . . . Who does it apply to: All employers, whether subscribers to workers’ compensation insurance, or not.

http://tinyurl.com/cm4uhcc

California Contractors Praise Labor Commissioner’s Office For Getting At The “Root Of The Cause”

General Contractor Taken to Task for Hiring Cheating Subcontractor

http://tinyurl.com/b5ckcvz

Workers Sue when Employers Retaliate

It’s bad enough when workers are forced to file a harassment or discrimination claim against an employer. But some employers make it worse by badgering workers who complain.

http://tinyurl.com/cwslkee

DWC Announces November Meeting Regarding Physician Fee Schedule

Senate Bill 863, which creates wide-ranging changes to the workers’ compensation system, includes alterations to the physician fee schedule. The Department of Industrial Relations’ (DIR) Division of Workers’ Compensation (DWC) is seeking public input as it moves forward with adjusting the physician fee schedule and has scheduled a meeting Wednesday, Nov. 14 to discuss issues relating to adoption of a Resource Based Relative Value Scale-based physician fee schedule (RBRVS).

http://tinyurl.com/cduwynu

California Contractors Praise Labor Commissioner’s Office For Getting At The “Root Of The Cause”

General Contractor Taken to Task for Hiring Cheating Subcontractor

http://tinyurl.com/b5ckcvz

Workers Sue when Employers Retaliate

It’s bad enough when workers are forced to file a harassment or discrimination claim against an employer. But some employers make it worse by badgering workers who complain.

http://tinyurl.com/cwslkee

California Labor Commissioner assesses Contractor Over $1 Million for Public Workers Violations

Stockton, CA—California Labor Commissioner Julie A. Su has ordered Nicodemus Plumbing & Mechanical to pay $858,840.20 in wages and $230,050 in fines for labor law violations committed on a San Joaquin Delta Community College public works project in Stockton. The Labor Commissioner issued a civil wage and penalty assessment last week in an effort to collect the money owed to the workers.

http://tinyurl.com/d3d8g6z

California New Electoral Reforms: The Fall Election

New electoral reforms have now played out over a full election cycle.

http://tinyurl.com/cd627qb

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VIAW NEWSWIRE 11.08.12

Posted on 21 November 2012 by admin

DWC Posts Draft SB 863 Regulations for SJDB Voucher Regulations, Physician Pre-designation and Chiropractic Regulations

The Division of Workers’ Compensation has posted two sets of draft regulations implementing SB 863 to its online forum for public comment: the Supplemental Job Displacement Benefit (SJDB) voucher regulations and the physician predesignation and chiropractic primary treating physician regulations.

http://tinyurl.com/cv2s2oa

CDI Announces Pure Premium Rate Filing Public Hearing in November

The California Department of Insurance (CDI) announced that it will hold a public hearing on

November 16, 2012 to consider the January 1, 2013 Pure Premium Rate Filing submitted by the Workers’ Compensation Insurance Rating Bureau of California (WCIRB) on August 21, 2012 and later amended on October 1, 2012.

http://tinyurl.com/bh3j3ss

California Workers’ Comp Overhaul Brings Tradeoffs for Injured Employees

California Governor Jerry Brown recently signed off on a major overhaul of the state workers’ compensation system. The bill, which is intended to reduce costs and streamline the claims process within the California workers’ compensation system, has received widespread support on both sides of the aisle and is regarded by some as victory for businesses and injured workers alike. However, the bill’s long-term consequences for injured workers in California remain uncertain.

http://tinyurl.com/b33sl47

Blue reign in Sacramento: Democrats dominate California voting

The Democrats’ historic gains position them for unchecked power in the form of two-thirds majorities in both houses.

http://tinyurl.com/bjr8hn4

Secret Arizona donation failed to dent Democrats and unions

In the end, the $11-million donation from an obscure Arizona nonprofit provided a reliable source of controversy while failing to tip the scales in any California campaigns.

http://tinyurl.com/auvuvmj

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VIAW Newswire 11.07.12

Posted on 21 November 2012 by admin

Barack Obama Victory Speech: ‘The Best Is Yet To Come’

CHICAGO — President Barack Obama scored himself a second term in the White House on Tuesday, nabbing nearly all of the key battleground states and proving, resoundingly, that his message about lifting the middle class resonates with the majority of Americans.

http://tinyurl.com/aehnrpp

World reacts to Obama win and the issues he faces globally

People overseas who were asked to comment on the US election looked forward to President Obama turning more attention globally, where serious matters remain such as China’s rising ambitions and Iran’s nuclear program. But what he should do depends on who one talks to.

http://tinyurl.com/am5c3k5

Election 2012: California proposition results

Here is a roundup of the results for the California propositions on the 2012 ballot.

http://tinyurl.com/audu998

Lacey Defeats Jackson To Become First Female LA Co. District Attorney

LOS ANGELES (CBSLA.com) — Chief Deputy District Attorney Jackie Lacey will become the first female district attorney in Los Angeles County.

http://tinyurl.com/bds8ekf

Women In Senate: 2012 Election Ushers In Historic Number Of Female Senators

WASHINGTON — The 113th Congress will have at least 19 female senators, the most ever in U.S. history.

http://tinyurl.com/ay2smzs

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