Archive for September, 2016

A 10 year anniversary Health Wonk Review & more noteworthy news

Thursday, September 22nd, 2016

It’s Health Wonk Review week! Louise and Jay Norris host a special edition at Colorado Health Insurance – not only is it a mere 46 days to the next election so that has the wonkers opining – it is also the 10th blogging anniversary for the hosting blog – The “We’re Ten!” Edition of the Health Wonk Review. There are great entries from both the usual subjects and some fresh faces. Louise is a great host, framing everything nicely. Congratulations on 10 years of blogging, Louise & Jay. *clinks champagne glass*

More news of note

Just by way of coincidence, September is our birthday month here at Work Comp Insider, too – we launched in 2003! That makes us a grizzled old timer in Internet time.

Oklahoma and opt out– in case you missed it, the Oklahoma Supreme Court Ruled Workers’ Comp Opt-Out Unconstitutional:

Justice Watt, in the Court’s highly anticipated written decision, said the OWCC previously found the Opt Out Act: “1) constituted an unconstitutional special law; 2) denied equal protection to Oklahoma’s injured workers; and 3) denied injured workers the constitutionally protected right of access to courts.”

And the high court agreed, finding that the core provision of the Act “creates impermissible, unequal disparate treatment of a select group of injured workers.”

The PCI and AIA were quick to applaud the decision. Joe Paduda hopes this is the end to what he sees as the pointless debate about Opt-Out (we hope so too). Bob Wilson looks at some of the loose ends in the wake of this decision.

Psych indicators – Most of us in the industry are pretty familiar with triggers or warning signs that would indicate an accident investigation or the need for early medical intervention — but perhapsare  less familiar with indicators that might signal the need for a psychological evaluation. Our friends at Work Comp Psych Net have posted a handy reference list of Predictive Psychosocial Triggers For Workers’ Compensation Claims.

Obesity’s toll on WC – A new study in the September Journal of Occupational and Environmental Medicine shows that obese and overweight workers are more likely to incur high costs related to workers’ compensation claims for major injuries;

But for workers with major injuries, high BMI was associated with higher workers’ compensation costs. In this group, costs averaged about $470,000 for obese and $270,000 for overweight workers, compared to $180,000 for normal-weight workers.

After adjustment for other factors—including high-cost spinal surgeries or injections—obese or overweight workers with major injuries were about twice as likely to incur costs of $100,000 or higher. Body mass index had no effect on costs for closed claims or for less-severe injuries.

Safety Culture Does Not Exist!  – This is a half-hour podcast interview with Dr. Edgar Schein, Professor at MIT Sloan School of Management. Well worth a listen. We weren’t aware of this podcast series and it looks great: The Pre Accident Podcast is an ongoing discussion of Human Performance, Systems Safety, & Safety Culture. The Dr. Schein interview is the #88th edition!

Speaking of safety …. It’s Farm Safety & Health Week from September 18-24.

More news of note

Report: Immigrant worker exploitation in the building trades

Wednesday, September 21st, 2016

The issue of immigrant deportation is front and center in this year’s impending election. There’s a lot of anger and invective aimed at immigrant workers, today, both those who are legal and illegal. One side of the story that is not told frequently enough is that of the unscrupulous employers who exploit these workers. For more than a dozen years, we’ve been talking about the abuse of workers who do the most dangerous jobs under appalling conditions – a situation that is often characterized as modern day slavery by journalists who investigate the employment practices.

In 2005 we wrote:

It’s one of our nation’s dirty little secrets: immigrant workers are doing some of the nation’s most dangerous jobs, are being injured and dying disproportionately in those jobs, and denied benefits when injuries and deaths occur. In a political climate where the rhetoric and emotions are high and seemingly getting higher by the day, a “blame the victim” mentality is pervasive.

The latest case in point is illustrated in an investigative report in the Boston Globe by Beth Healy and Megan Woolhouse: In building boom, immigrant workers face exploitation.

“A Globe investigation found that these workers, eager for a paycheck, are often paid below the prevailing wage and illegally, in cash. They are also the most likely to be subjected to unsafe work conditions, without insurance to cover medical bills or lost pay if they get hurt. And the unscrupulous contractors who employ them are too seldom caught and penalized.
“This is not about catching a few bad actors that are dragging down the industry,’’ said Diego Low, director of the Metrowest Worker Center in Framingham, which helps workers fight for fair wages and safety. “We’ve evolved a system for providing subsidized labor to build our houses, and it’s based on the vulnerability of the workforce.”

The report notes that in Massachusetts over the last three years, federal officials logged 910 “willful or repeat violations” involving hospitalizations or deaths, but that the real number of injured workers is likely much higher. This is a population that often doesn’t have command of the language and is generally unaware of labor laws. Those who are undocumeted feel powerless to bring complaints or are fearful about seeking help from hospitals or authorities.

The article cites numerous cases of primarily young, male workers, many who speak limited or no English, who are characterized as independent contractors. It paints a portrait of a disposable population that is abandoned after injuries and left to fend for themselves to find medical care. It’s a deplorable tale, one that has been playing out across the country for years. A common theme is the layer after layer of contractors and subcontractors, making it difficult to assign responsibility. For a number of years now, state authorities have tried to enact measures to restrict abuse of the “independent contractor” designation, but it’s a pervasive problem still.

This underground economy is not just exploiting workers, it’s also grossly unfair competition to legitimate employers who operate honestly, pay insurance, pay taxes, and pay fair prevailing wages.

Related by Tom Lynch: Undocumented Immigrants In The Workers Comp Bullseye?

A Pleasant Way To Do Real Good

Wednesday, September 14th, 2016

Today we’re participating and helping out at the Central New Jersey Claims Association’s annual golf event. We’re at Mercer Oaks Municipal Golf Course in Windsor Township. There are seventeen foursomes roaming the links trying not to hurt themselves or anyone else.

The proceeds of the event go to Kids’ Chance of New Jersey, a wonderful organization providing scholarships to children of workers who have been “seriously, catastrophically or fatally injured in a work-related injury.” The three New Jersey claims associations, led by the Central (you guessed it – the others are North and South), are deeply serious about helping these children.

The New Jersey chapter of Kids’ Chance was formed in 2012 when the Central Association awarded its first scholarship. This year the number rose to 15 and totaled $125,000.

Right now, one of the early scholarship recipients, Scott Kwiatek, whose Dad was killed in a workplace explosion when Scott was two months old, is running a putting contest a stone’s throw from where I write this. This is what Scott says about his scholarship:

“Before receiving the … Kids’ Chance of New Jersey scholarship, I could only afford to go to a community college. This award has truly changed my life, because now I am able to attend my dream college, the New Jersey Institute of Technology, to pursue a career in Civil Engineering. Words cannot express how grateful I am.”

Claims adjusters sometimes have to deal with awful stuff, workers who are profoundly injured, sometimes killed. Every once in a while they get to see tragedy up close and personal, families devastated by the loss of a parent due to a workplace injury. That sort of thing is difficult to deal with; it can harden a person. It’s gratifying, indeed, to see this group of adjuster professionals giving so much of themselves (and having a good time doing it!) to help children victimized so early in life.

 

9/11: A 15 Year Remembrance

Friday, September 9th, 2016

On September 11, 2001, the nation took the biggest of gut-punches. Thousands died that day and hundreds of thousands, all around the world, have died since. If you were in the insurance industry that day, you probably lost at least one friend, maybe more. I know I did. The world changed after that day, and barbarism raised its head like a volcano rising from the crash of tectonic plates.

First Responders have been particularly savaged. More than 5,000 have been victimized by cancer. Dr. Michael Crane, the head of New York’s Mount Sinai Hospital’s 9/11 Health Program Clinic estimates he sees ten to fifteen new cases per week. Today, CBS This Morning told the story of one of them, Sal Terderici. It is heartbreaking.

We all sought healing in our own ways. Because I’m a musician and a singer, I sought to deal with the tragedy by writing an anthem about it. I recorded it in Worcester’s Mechanics Hall and renowned guitarist Peter Clemente accompanied me. We gave the song to Denis Leary, a Worcester native who had lost a cousin, a firefighter, as he battled the Worcester Cold Storage and Warehouse Company fire in 1999. Five of his cousin’s comrades also died in that fire. Denis became passionate about helping firefighters following that. You may recall his hit TV show, Rescue Me, which ran on FX from 2004 through 2011. Rescue Me was a seven year homage to a noble profession. Denis took our song and used it to help raise money for the fallen firefighters of September 11.

This coming Sunday will mark the 15th anniversary of, arguably, the worst day in American history. To mark the event, I want to share our anthem with you. You can find it here.

Tom Lynch

New Back to School Daze Health Wonk Review and more news of note

Thursday, September 8th, 2016

It’s back to school and back to business. And it’s 60 days until the election! David Williams curates an excellent season debut issue: Health Wonk Review: Back to School Daze – check it out. There’s a little bit of everything: opioids, epi-pens, ACA, health care tech – check it out!

A few other things that caught our interest lately:

Related and upcoming: September 13 noon-1:30 pm Helping Workers Keep Their Jobs After an Injury, Illness, or Disability – the event will take place in DC and online.

Kudos to insurance web pioneer Bob Wilson on 17 years of WorkersCompensation.com  – really, what foresight! Read his thoughts at  Social Media, an Anniversary and Reflections. We’re a few year behind him at 14 year this month.

One firefighter’s miracle

Wednesday, September 7th, 2016

Since 2005, more than 20 patients have received full or partial face transplants at institutions around the world. This is the story of Patrick Hardison, one of the 20, as told recently by CNN.

The facial transplant marks his third face in his life: his first was the face of his birth, the one that he lost in a workplace injury; the second was a face so severely disfigured by burns that he hid from the world. His third face is a transplant from a 26-year-old Brooklyn bike mechanic who died in a bicycle accident.

While the vast majority of work injuries are soft tissue strains and sprains or cuts and abrasions, there is no one who works in the field of workers’ comp that hasn’t come across devastating, life-altering on-the-job injuries. Hardison’s was one of those.

A volunteer Mississippi firefighter, he responded to a house fire in 2001. He suffered extensive facial burns when a fiery roof collapsed on him and his firefighter’s mask burnt to his face. His burns were severe enough to rob him of his eyelids, ears, lips, hair and most of his nose. His burns were so bad that his work colleagues did not know it was him until he spoke. As they rushed him to an ambulance, they expected to never see him again.

A year after his surgery, Patrick talks about the day he was injured in a video clip at the Clarion-Ledger. There are also interviews with his co-workers talking about the night of the injury. It’s a powerful story that shows the devastating toll that a work injury can take on colleagues as well as the injured worker.

It’s also the story of hope: Patrick’s surgery last year was the most extensive facial transplant to date, including the transplant of eyelids. There’s a great video about his surgery that includes interviews with his remarkable surgeon and clips of a post-surgery Patrick. He talks about the difference this surgery has made to his life.

Hardison shares his amazing story to raise awareness and give others hope:

“After my accident, my life was really hard. I hated life,” he said. “I’m here today because I want others to see that there is hope beyond the injury. I’m especially proud to share my story with other injured firefighters, first responders and US military. If sharing my story helps just one person explore the possibility of face transplants, then it’s worth it. … I have hope now, and I want to help those that are injured know that there is hope for them, too.”

Related: ABC also did a special feature on his surgery that you can access at these clips