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nd Annual THIS YEAR IN WORKERS' COMP: TOP 10 ISSUES & CASES - Tues.,
Mar. 8, 2005
A panel of state and national experts address TEN issues that can make
or break your case, including a concise analysis of key cases that have
been decided during the past year
http://www.njicle.com/cgi-bin/njicle?SessionID=47&doc=/Seminars/WC_3-8-05.htm
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NEWS
-Proposed Federal Asbestos Act Will Create Massive Inequities in Both
Workers' Compensation and Medicare
-Halliburton's $4.2 Billion Asbestos Settlement Plan Approved By
Bankruptcy Court
-New Report Reveals That Medicare is Covering $23 Billion in Medical
Costs That Should be Paid by Workers' Compensation
-Bush Should Ban Asbestos Now
For these stories and others visit our web site http://www.gelmans.com
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HOT TOPIC: MERGING WORKERS' COMPENSATION AND MAJOR MEDICAL COVERAGE
At the NASI conference in Washington DC the NCCI, AFL-CIO and other
experts discussed the potential merger of workers' compensation and
major medical as a more promising and cheaper delivery system of
medical benenfits including prescription brand drugs.
Prescription Drug and Other Medical Cost Drivers: Lessons from Workers'
Compensation, Barry Llewellyn (National Council on Compensation
Insurance) and John Burton (Rutgers University)
http://www.ncci.com/media/pdf/rx_04.pdf
Also, New Survey Assesses Senior's Views of Medicare Drug Law
Seniors are most likely to say they would turn to their doctor,
pharmacist, or the Medicare program, for help in making decisions about
the new Medicare drug benefit set to begin Jan. 1, 2006, according to
new data from the Kaiser Health Poll Report tracking survey. The
tracking survey also provides updated tracking data on seniors'
knowledge and views of the new Medicare law.
Foundation President Drew E. Altman, Ph.D., released the data on Jan.
27, 2005, as part of a speech at the National Academy of Social
Insurance's (NASI) National Conference.
http://www.kff.org/kaiserpolls/pomr012705pkg.cfm
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OSHA BERYLIUM INSPECTORS AFFLICTED WITH THE DISEASE
OSHA workers tainted by beryllium exposure. Agency criticized for
downplaying metal's hazards
The U.S. Occupational Safety and Health Administration, long criticized
for downplaying the dangers of beryllium, has discovered that several
of its employees have been affected by exposure to the deadly metal.
By Sam Roe, Chicago Tribune
http://www.chicagotribune.com/news/nationworld/chi-0501170210jan17,1,6120077.story?coll=chi-newsnationworld-hed
TERRORISM INSURANCE: GAO RECOMMENDS THAT TRIA BE ALLOWED TO EXPIRE
As part of the response to Treasury's TRIA-mandated study requiring
an assessment of the effectiveness of TRIA and evaluating the capacity
of the industry to offer terrorism insurance after TRIA expires, we
recommend that the Secretary of the Treasury, after consulting with the
insurance industry and other interested parties, also identify for
Congress an array of alternatives that may exist for expanding the
availability and affordability of terrorism insurance after TRIA
expires. These alternatives could assist Congress during its
deliberations on how best to ensure the availability and affordability
of terrorism insurance after December 2005.
http://www.gao.gov/new.items/d04307.pdf
WORKERS' COMPENSATION JUDGES IN CALIFORNIA LAYED OFF
The Workers' Comp Appeals Board Commissioners are being told that
unless the legislature votes down Governor Schwarzenegger's government
reorganization plan they will be out of jobs on July 1, 2005.
State of California Memo
http://www.compline.com/ebabmemo.doc
CONNETICUT SUIT AGAINST MARSH & INSURER FOR MISLEADING WC
The attorney general of Connecticut sued the Marsh & McLennan Companies
and a unit of the Ace Group of Companies yesterday, accusing them of
working together to mislead the state and increase costs on an $80
million contract for workers' compensation insurance.
New York Times
http://www.nytimes.com/2005/01/22/business/22insure.html?adxnnl=1&oref=login&adxnnlx=1106514897-htknGZiMNPnsnFO5L6tbSAJanuary
22, 2005
CALIFORNIA WORKERS FORM ON-LINE PROTEST GROUP
Voters Injured at Work.org is a non-profit political organization of
injured workers and their families established for the purpose of
protecting and enforcing California's constitutional guarantee of a
fair and adequate system of compensating workers
and their dependents for injury or disability from a work injury.
http://viaw.org/
9-11 TRAGEDY - REPORT INDICATES OVER 100,000 NEW YORKERS MAY DEVELOP
MESOTHELIOMA
The Mesothelioma Applied Research Foundation (MARF) today released an
alarming research report on the effects of 911. The report concludes
that over one hundred thousand individuals present in Manhattan during
and immediately after the collapse of the Twin Towers are at risk to
become future victims of the terrorist attack.
http://biz.yahoo.com/prnews/050127/lath058_1.html
***RECENT CASES
ACTION AGAINST WORKERS' COMPENSATION INSURANCE FOR NON-COMPLIANCE
Employer who disregards requirements of district hearing officer's
order does so at its peril; if employer is ordered to pay workers'
compensation claim, refuses to do so, and loses its appeal of
Industrial Commission's decision, then employer may be liable for
compensatory and punitive damages resulting from claim of intentional
tort.
Torrez v. DaimlerChrysler Corp., 306 F.Supp.2d 722 (N.D.Ohio,2004) No.
3:03 CV 7106
SCIENTIFIC EVIDENCE ADMITTED TO PROVE COMPENSABILITY OF FLU SHOT
ADVERSE REACTION
Medical expert's testimony in workers' compensation case, that health
care worker's optic neuritis was caused by the flu shot provided by her
employer, which relied on differential diagnosis, was based on
sufficiently reliable scientific methodology to support admission of
the testimony; case studies published in ophthalmology and medical
journals, some authored by expert, suggested a causal relationship
between the receipt of a flu shot and optic neuritis, vision loss, and
blindness.
In re Hicks's Case, 2005 WL 78499 (Mass.App.Ct. 2005)
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Calendar:
2nd ANNUAL HOT TOPICS IN WORKERS' COMPENSATION
March 8, 2005 4-8pm, Law Center, New Brunswick, NJ
http://www.njicle.com/cgi-bin/njicle?SessionID=37&doc=/Seminars/WC_3-8-05.htm
WEST VIRGINIA TRIAL LAWYERS ASSOCIATION
Workers' Compensation Section
April 1, 2005, The Homestead, Hot Springs, Virginia
Workers' Compensation Recoveries While Navigating the Treacherous
Waters of The Medicare Secondary Payer Act
http://www.vtla.com/
25th ANNUAL NATIONAL WORKERS' COMPENSATION AND OCCUPATIONAL MEDICINE
CONFERENCE JULY 2005
July 19-21, 2005, Hyannis, Cape Cod, Massachusetts
-Managing Workers' Compensation Claims While Navigating the Treacherous
Waters of the Medicare Secondary Payer Act
-Trial Demonstration: The Contested Hearing Loss Case
http://www.seak.com/semjul05WC.htm
***
NEW PUBLICATION - Advance Notice (To Be Published March 2005)
2005 ANNUAL Supplement to NJ Workers' Compensation Law
Available in Print, CD-Rom and on Westlaw
Order on Line:
http://west.thomson.com/store/product.asp?product_id=17152728&catalog_name=wgstore&cookie%5Ftest=1
***
NEED HELP WITH MEDICARE SECONDARY PAYER ISSUES
Contact CMSAssist(tm)
A new consulting group organized by Jon Gelman supporting the legal
industry nationally to manage medicare set aside agreements.
http://www.gelmans.com/FrontEnd/ReadingRoom/vwArticle.asp?Articl
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