Posts Tagged ‘Georgia’

Follow The Money—If You Can

Tuesday, October 11th, 2022

As we do our best to make some sense of the deep polarization that has overspread America in the 21st century, we could do worse than look to a leader from the 19th for guidance, President Ulysses S. Grant. In 1875, as he neared the end of his second term and America approached the hundredth anniversary of the signing of the Declaration of Independence, Grant predicted the next civil war would be “between patriotism and intelligence on one side, and superstition, ambition, and ignorance on the other.”

The events leading up to and including the January 6th insurrection proved him right.

Grant was certainly prescient, but to his “superstition, ambition, and ignorance” I would add greed and a thirst for power. These five iniquities characterize how we have come to this point in our history, and at least four of them are present in the current senatorial contest in Georgia that pits Republican Herschel Walker against the incumbent, Democrat Raphael Warnock, a Baptist Minister.

I wrote about this contest last week. In that column I tried to peel the Herschel Walker onion to show the lies and disgusting hypocrisy surrounding his candidacy. I wrote the contest had

“nothing to do with Herschel Walker and everything to do with taking control of the US Senate. Even if Walker proved to be the second coming of Jack The Ripper, hard core Republicans in Georgia and around the country would continue to support him. It’s not that they don’t believe the latest allegations, they just don’t care about them. Controlling both the House and the Senate overrides everything.”

To go deeper, we now have the story of the money, which, in 2022, appears the governing factor in who gets elected—anywhere.

Although it has spent and committed more than $10 million to the Walker campaign, the biggest spender in the senate race is not the National Republican Senatorial Fund (NRSC), the fund overseen by Florida’s Senator Rick Scott whom Mitch McConnell put in charge of taking back the Senate. Scott planned to be at a rally supporting Walker last night. I’m betting there wasn’t much said about what appears to be Walker’s abortion lies.

And, although it has also spent in the millions, the biggest donor is not 34N22, a Super PAC dedicated to electing Walker to the Senate and controlled by his campaign. No, the biggest spender in support of Walker is not the NRSC, 34N22, or the total of all the rank and file who, bathed in ignorance, have dug deep, dipping into their cookie jars of savings in response to the daily emails asking for more.

The biggest spender aimed at getting Herschel Walker shoehorned into the US Senate so Republicans can once again assume control is the Senate Leadership Fund (SLF), the Super PAC controlled by Mitch McConnell. The SLF has already booked $37.1 million in TV ads in support of Walker. This doesn’t count the millions more that SLF has spent online.

But what, or who, is the Senate Leadership Fund?

The SLF is a mix of exceedingly wealthy individuals, Fortune 500 corporations, and one, huge non-profit.

Here’s a look at the individuals and corporations, and what they have given, reported originally by Judd Legum’s Popular Information, a newsletter dedicated to accountability journalism:

$10,000,000: Private equity billionaire Stephen A. Schwarzman, a longtime friend and advisor to Trump and co-founder of private equity giant Blackstone. In 2010, Newsweek reported Schwarzman had compared Obama’s effort to eliminate tax loopholes for private equity managers to “Hilter’s invasion of Poland.”

$10,000,000Kenneth Griffin, the billionaire CEO of Citadel, a hedge fund. In a 2012 interview, Griffin said that the “ultrawealthy” did not have enough influence on politics. In 2008, Griffin’s highly leveraged hedge fund came near to collapsing, and, were it not for government bailouts, it would have.

$4,000,000: Occidental Petroleum, a Fortune 500 fossil fuel company and one of the world’s largest producers of greenhouse gases.

$3,000,000: Billionaire hedge fund manager Paul Singer. Known as a “philosopher-king type of person,” Singer is perhaps the most brilliant person in the hedge fund business, exemplified by his firm’s impressive performance in the 2008 economic collapse when it only lost 3% of its value. Singer fiercely opposes raising taxes on billionaires and other exceedingly wealthy individuals, while showing little sympathy for the plight of the 99%. “Resentment is not morally superior to earning money,” Singer has written. What is a “moral failing,” according to him, is “depreciation in paper money’s value.”

$2,000,000: Bernie Marcus, the billionaire co-founder of Home Depot and one of Trump’s largest donors.  Marcus stopped working at Home Depot in 2002, and the company has tried to distance itself from him and Herschel Walker, saying on its Twitter feed, “Hi, we have not contributed to this campaign.” This is deceitful, because Home Depot has made significant contributions to PACs spending millions of dollars to elect Walker. Home Depot is a perfect example of how a corporation can honestly say it hasn’t directly contributed to a campaign, while actually having indirectly done so by writing checks to PACs that support the particular campaign. Republicans are not the only Party doing this.

$2,000,000: Rupert Murdoch, the billionaire chairman of Fox Corporation, the parent company of Fox News.

$1,500,000: Chevron Corporation, the second largest fossil fuel corporation in the United States. The second-largest producer of greenhouse gas emissions in history.

$1,000,000: Koch Industries, the conglomerate owned by right-wing billionaire Charles Koch. In 2020, Koch said he “screw[ed] up” by supporting Tea Party Republicans and vowed to be a “uniter” in the future. He’s certainly united groups of far-right Republicans.

$1,000,000: American Petroleum Institute, a lobbying group representing the fossil fuel industry.

$500,000: Anschutz Corporationthe parent company of Coachella and other popular music festivals and concerts. These funds came directly from the Anschutz Corporation’s corporate treasury and not an employee-funded PAC.

$500,000: Philip Anschutz, the CEO of the Anschutz Corporation and a prolific donor to right-wing political causes.

Then there is the biggest donor to the Senate Leadership Fund. It is the non-profit One Nation, and it, like the SLF, is run by Steven Law, a former Chief of Staff to Mitch McConnell. Thus far, One Nation has donated $33.5 million to the SLF. One Nation has also spent millions in TV and online ads supporting Walker. However, One Nation is organized as a 501(c)4 non-profit, which means that, compliments of the Supreme Court’s 2010 decision in Citizens United, it is allowed to keep its donors secret. That means many of the largest supporters of the Senate Leadership Fund—and, therefore, the Walker campaign—are unknown.

And they always will be.

How To Explain Georgia And Herschel Walker

Thursday, October 6th, 2022

In mid-January of 2016, at a campaign stop at Dordt College in Sioux Center, Iowa, Donald Trump said, “I could stand in the middle of Fifth Avenue and shoot somebody, and I wouldn’t lose any voters, OK? It’s, like, incredible.”

He might have been more right than wrong. His followers seem to be able to forgive, no ignore, anything he does, no matter how vile. Remember the October 2016 surprise of the Access Hollywood tape? That made a lot of difference, didn’t it? “But her emails!”

Why did voters not fly like winged Mercury from such a morally challenged person? And should we be surprised they didn’t?

With that in mind, I have been struggling with what to make of the current senatorial contest in Georgia.

On the one hand, there is the Reverend Raphael Warnock, the junior United States senator from Georgia since 2021. Warnock is also the senior pastor of the Ebenezer Baptist Church in Atlanta, Georgia, Martin Luther King Jr.’s former congregation. He is the fifth and the youngest person to serve as Ebenezer’s senior pastor since its founding in 1886.

Warnock has always been a civil rights activist and has been arrested twice for his efforts. In March 2014, he led a sit-in at the Georgia State Capitol to press state legislators to accept the expansion of Medicaid offered by the Patient Protection and Affordable Care Act, Obamacare. He and other leaders were arrested during the protest, and the state, to this day, has refused to expand its Medicaid program.

His first arrest, in the early 2000s, is instructive. Warnock was serving as senior pastor at Douglas Memorial Community Church in Baltimore, Maryland, when Police arrested him and an assistant minister charging them with obstructing an investigation into suspected child abuse at a summer camp run by their church. Warnock had strongly protested police not allowing lawyers to be present to assist camp counselors whom they had accused of covering up the suspected child abuse. According to the Police, Warnock was “extremely uncooperative and disruptive.” Interestingly, the charges were later dropped with the deputy state’s attorney acknowledging there had been a “miscommunication,” adding that Warnock had aided the investigation and that prosecution would be a waste of resources.

Warnock espouses a number of typically democratic policies:

  • Regarding abortion, he labels himself a “pro-choice pastor;”
  • In 2021 he was the main sponsor of S.278 —  The Emergency Relief for Farmers of Color Act of 2021, a bill that would provide assistance to historically disaffected minority groups in the agriculture sector;
  • He is against capital punishment;
  • The National Rifle Association Political Victory Fund gave him a grade of “F” during his Senate campaign, because he loudly objected to parishioners being able to bring concealed weapons to church. For that, they labeled him “anti 2nd amendment;”
  • On immigration, he has supported keeping Title 42 expulsions, saying, “We need assurances that we have security at the border and that we protect communities on this side of the border;”
  • Warnock is a proponent of Welfare. He  opposed New York Mayor Rudy Giuliani’s workfare reforms while he was assistant pastor at Abyssinian Baptist Church in 1997, telling The New York Times, “We are worried that workfare is being used to displace other workers who receive respectable compensation. We are concerned that poor people are being put into competition with other poor people, and in that respect, we think workfare is a hoax;” and,
  • Regarding voting rights, In his maiden speech on the U.S. Senate floor, Warnock said one of his primary goals upon assuming office was to oppose voting restrictions and support federal voting reforms. He has said that passing legislation to expand voting rights is important enough to end the Senate filibuster.

Warnock and his wife divorced in 2021. They have two children.

The man appears to be an open book. If you vote for Raphael Warnock, you know what you’re going to get, a God-fearing, decent human being who is a  liberal democrat, but not one of radical persuasion.

On the other hand, we have Warnock’s opponent Herschel Walker, whose main claim to fame seems to be winning the Heisman Trophy in his junior year at the University of Georgia and going on to enjoy a Hall of Fame caliber professional football career.

If Raphael Warnock’s life is a relatively virtuous straight line, Herschel Walker’s is a labyrinth worthy of Theseus, but without the guiding ball of twine.

Given that he’s running for the US Senate, Walker’s personal and professional lives are worthy of investigation.

Herschel Walker suffers from one of the many character flaws Donald Trump has artfully cultivated over a lifetime of trying: He exaggerates accomplishments, minimizes failures and repeatedly denies he does either. In everything. A few examples:

In his autobiography, Breaking Free: My Life With Dissociative Identity Disorder (Simon & Schuster, 2009), Walker describes his struggles with his mental health in a praiseworthy and open manner. However, in this commendable work he also wrote that during his schooling at Johnson County High School, he was the Beta Club president (which required a grade average of “A”) and class valedictorian.

Trouble is, he wasn’t. He was in the Beta Club, but not its president, and the school didn’t even begin having valedictorians until six years after Walker graduated. This is a small point. Many people embellish like this, but it sets the tone for the rest of Walker’s life to this point.

Walker has said in speeches and on his website he graduated from the University of Georgia in the top 1% of his class.

Trouble is, this isn’t true. He left college at the end of his junior year to play professional football. The false claims about Walker’s degree and class stranding are lodged in a range of webpages, including his Amazon author site, his Speaker Booking Agency page and his New Georgia Encyclopedia entry. Additionally, in 2017, he told Sirius XM radio, “I also was in the top 1% of my graduating class of college.” When called out on this by the Atlanta Journal-Constitution, Walker said, “I was majoring in Criminal Justice at UGA when I left to play in the USFL my junior year. After playing with the New Jersey Generals, I returned to Athens to complete my degree, but life and football got in the way.” Walker has also denied on numerous occasions ever saying he graduated from UGA. According to a CNN investigation, “This is flat out false.”

Walker’s business career following his sporting one has been spotty at best. In 1999, he created Renaissance Man Food Services, which distributes chicken products. He told the Dallas Morning News in 2009 that Renaissance Man Food Services employed more than 100 people and grossed $70 million a year. In a more recent interview, Walker told Fox News that the company employed 600 people.

Trouble is, it doesn’t. During the pandemic, Renaissance Man Food Services reported just eight employees on applications for two Paycheck Protection Program loans from the federal Small Business Administration totaling $180,000. The first loan in April 2020 amounted to $111,300 and has since been forgiven.

On top of that, over the past two decades Walker and various business partners have defaulted or fallen behind in payments on at least eight loans totaling $9 million, according to an Atlanta Journal-Constitution review of hundreds of pages of court documents, Securities and Exchange Commission filings and other public records that detail these financial issues.

Walker has many times claimed he “worked in law enforcement.” Prior to his political career, he has, at various times said he was an FBI agent, or “a certified peace officer.”

Trouble is, he wasn’t. The Atlanta Journal-Constitution’s Patricia Murphy, Greg Bluestein and Tia Mitchell thoroughly debunked these claims in June of this year.

Then their is the spousal abuse. Cindy DeAngelis Grossman, Walker’s wife from 1983 until their divorce in 2002, claims Walker was violent with her and had “evil in his eyes.” She says, “He held the gun to my temple and said he was gonna blow my brains out.”

Walker has not denied Grossman’s allegations, telling ABC News’ Bob Woodruff in a 2008 interview that he “probably did it,” but did not remember.

And now for the biggest problem, the new one.

Herschel Walker has embraced the anti abortion plank. His position makes no accommodation for rape, incest or the life of the mother. It is as hard a line as one could draw. Walker says he believes abortion should never be a “choice.” “There’s no exception in my mind,” Walker told reporters in May. “Like I say, I believe in life. I believe in life.”

Trouble is, he doesn’t. At least, not for him, according to what appears to be a well-documented report from The Daily Beast this week. According to the report:

A woman who asked not to be identified out of privacy concerns told The Daily Beast that after she and Walker conceived a child while they were dating in 2009 he urged her to get an abortion. The woman said she had the procedure and that Walker reimbursed her for it.

She supported these claims with a $575 receipt from the abortion clinic, a “get well” card from Walker, and a bank deposit receipt that included an image of a signed $700 personal check from Walker.

The woman said there was a $125 difference because she “ball-parked” the cost of an abortion after Googling the procedure and added on expenses such as travel and recovery costs.

Additionally, The Daily Beast independently corroborated details of the woman’s claims with a close friend she told at the time and who, according to the woman and the friend, took care of her in the days after the procedure.

The woman said Walker, who was not married at the time, told her it would be more convenient to terminate the pregnancy, saying it was “not the right time” for him to have a child. It was a feeling she shared, but what she didn’t know was that Walker had an out-of-wedlock child with another woman earlier that same year.

Walker has denied everything about this. He claims he doesn’t even know the woman even though he sent her that “get well” card with a check for $700 inside it. He said, “I send money to a lot of people.” Yesterday morning, Fox News host Brian Kilmeade asked him whether he has discovered who this woman is? “Not at all,” Walker replied. “And that’s what I hope everyone can see. It’s sort of like everyone is anonymous, or everyone is leaking, and they want you to confess to something you have no clue about.”

This is an amazing statement, because the unidentified woman claims, in addition to Walker paying for her abortion, she subsequently bore his child, a child The Daily Beast reports he has acknowledged as his.

This has proven too much for Walker’s adult son, Christian Walker, who lashed out on Twitter—in defense of The Daily Beast’s abortion story and against his father.

“Every family member of Herschel Walker asked him not to run for office, because we all knew (some of) his past. Every single one,” Walker tweeted.

“He decided to give us the middle finger and air out all of his dirty laundry in public, while simultaneously lying about it.

Following The Daily Beast’s scoop, Walker’s fundraising has soared, and Republicans have remained steadfast in their unwavering support. Moreover, despite his checkered past and these latest allegations, the senate race remains neck and neck. Why is that so?

I suggest it has nothing to do with Herschel Walker and everything to do with taking control of the US Senate. Even if Walker proved to be the second coming of Jack The Ripper, hard core Republicans in Georgia and around the country would continue to support him. It’s not that they don’t believe the latest allegations, they just don’t care about them. Controlling both the House and the Senate overrides everything. Power is quite the aphrodisiac.

Donald Trump, the man who could shoot people on 5th Avenue and get away with it, is a big Walker supporter, as is every Republican leader who’s been asked about him (with the exception of Georgia Governor Brian Kemp, who won’t say a word about him).

I’m no psychologist, but I think Walker is a very troubled man with mental health issues needing serious help. It is reprehensible that Republicans are doing all they can to exploit this damaged person for their own ends. If he wins the election and falls off the face of the earth the day after, they wouldn’t mind. They’d have what they wanted, and that would be all that mattered. His is a truly sad story.

At his inauguration in 1861, Abraham Lincoln, pleading for a unified country, appealed to “the better angels of our nature.”

There are no “angels” here, better or otherwise. The mid-term election is less than a month away. In that month, there will be more charges, denials, and countercharges. It grieves me to believe that rising above to find Lincoln’s “better angels of our nature” may no longer be possible deep in the cesspool that now passes for American Democracy.

 

 

 

 

 

 

 

 

The Georgia Election Integrity Act: A Desperate Attempt By The Republican Party To Retain Power

Monday, March 29th, 2021

There was already a perfectly fine election statute in the state of Georgia. Perfectly fine. Chapter 2 of Title 21 of the Official Code of Georgia Annotated had just completed governing the November election for President and the January election for two US Senate seats. The Presidential election had withstood lawsuits and multiple audits and been judged to have been exemplary on all counts. It was a perfectly fine statute, except for one thing: The wrong people won. And they were Democrats.

The Republican elites, who currently hold the key to the Governor’s office, as well as majorities in both the Georgia House of Representatives and Senate, could not abide that. Something had to be done. And something was. Senate Bill 202 amended the perfectly fine Chapter 2 of Title 21 of the Official Code of Georgia Annotated. It became the Election Integrity Act.

The Election Integrity Act was signed into law last Friday by Governor Brian Kemp behind locked doors, no reporters allowed, in the presence of six other aging white guys (and a photographer, for whose presence and work we are grateful) and in front of a painting of the Calloway Plantation, where, in the mid-19th century, more than 100 Black Slaves toiled day and night to make the very white Calloway family ever so comfortable and rich.

As Governor Kemp, who, ironically, served as Georgia’s Secretary of State from 2010 to 2018, was getting ready to sign this obviously much-needed legislation, State Representative Park Cannon, who is Black, knocked on the locked door asking to be let in to observe. For her trouble, she was arrested by three burly state troopers and hauled off in handcuffs, and now faces two charges: willful obstruction of law enforcement officers by use of threats or violence and preventing or disrupting general assembly sessions. Video taken at the time showed none of that.

After the unfortunate interruption, Kemp signed the amended legislation, shook hands with the six aging white guys, and that was that.

That was that, that is, until certain people, including the current President of the United States, upset with the whole thing, noticed the wording in lines 1,872 through 1,881, which is this:

So, unless you have a 26 foot pole with a drink on the end of it, you’re not giving water to anyone standing in the Georgia Sun patiently waiting to cast a ballot. If you do, you’ll share Representative Cannon’s fate. In his nationally broadcast press conference, President Biden called this provision of the law, “sick.”

A new national study led by economist Keith Chen of the University of California, Los Angeles, found voters in predominantly black neighborhoods waited 29 percent longer, on average, than those in white neighborhoods. They were also about 74 percent more likely to wait for more than half an hour.

The new food and drink prohibition quite understandably got a lot of press attention. It oozes racism. But throughout the amended statute one will find other instances of intentional voter suppression. For example:

  • Drop boxes: Created by emergency rule due to the pandemic, these proved extremely popular during the two elections in question. In heavily democratic Fulton County, alone, 146,000 votes were made by absentee ballots placed in drop boxes. Republicans noticed immediately.

“As soon as we may constitutionally convene, we will reform our election laws to secure our electoral process by eliminating at-will absentee voting,” the Georgia Senate Republican Caucus wrote in an 8 December email. “We will require photo identification for absentee voting for cause, and we will crack down on ballot harvesting by outlawing drop boxes.”

The result in the Election Integrity Act: No more than one drop box per county. Officials, at their discretion, may place others, but no more than one per every 100,000 voters.

  • Voter challenges: In Georgia, voters are called “electors.” Prior to the new legislation, any elector could challenge the qualifications of anyone applying to register to vote or could challenge anyone whose name appeared on a list of registered electors. The Election Integrity Act added the following sentence: There shall not be a limit on the number of persons whose qualifications such elector may challenge. One can imagine an entire group of people being challenged.
  • Mobile Voting Buses: Under the old legislation, groups could use buses, approved by the Secretary of State, as mobile voting centers. Two were used in predominantly minority Fulton County (I cite Fulton County again, because in his infamous call with Secretary of State Raffensperger, President Trump mentioned the County 11 times in his quest to get Raffensperger to find him 11,780 votes). The Election Integrity Act prohibits Mobile Voting Buses.
  • Absentee Ballots: The Election Integrity Act, which is 2,427 lines long, devotes more than 1,450 to redesigning Georgia’s entire absentee ballot system. It is obvious Georgia’s Republican Party abhors the very thought of absentee ballots, even though a significant number of Republicans vote by absentee ballot. The law prohibits no-excuse absentee ballot application, as well as the universal sending of absentee ballot applications to all registered voters. Absentee ballot violations are considered felonies by the new legislation.
  • The Secretary of State: Until Brian Kemp signed the Election Integrity Act, the Secretary of State, as in most U.S. states, was responsible for conducting elections. But Raffensperger and those in his office angered many fellow Georgia Republicans during the presidential and senate races, because, after exhaustive audits, they found no fraud significant enough to change anything. The new law strips him of his authority by creating an Elections Board, whose chairperson will be elected by the legislature. The Secretary of State is now an ex-officio, non-voting member of the Board.

It is understandable why Georgia republicans are going to such lengths to suppress minority voting. Consider this from statistics from Georgia’s Secretary of State:

  • Since 2000, the percentage of white voters in Georgia has decreased from 68% to 58%. At the same time, the Black voting percentage has increased from 27% to 33% of total voters.
  • From 2000 through 2019, Georgia’s eligible voting population grew by 1.9 million; 48% were Black. White growth was only 26%.
  • The majority of single-race Blacks live in the South – 59%

As the proportion of white voters in the nation continues to shrink, the Republican Party is shrinking right along with it. It is unmovably the Party of Barry Goldwater and his small tent, Ronald Reagan and his “welfare queen,” and, of course, Donald Trump and his racist white supremacy. It is exhibiting all the characteristics of the self-cannibalistic rat snake that cannot stop itself from eating itself. Georgia’s Election Integrity Act is nothing more than a desperate attempt by the aforementioned aging white guys to blunt the impact of an irresistible demographic force.

In the end, it will fail.  Democracy will prevail.

Health Wonk Review’s Research Edition & a roundup of other news

Thursday, June 24th, 2010

Brad Wright of Wright on Health has an excellent edition of Health Wonk Review, which shines a spotlight on research. Brad notes that, going forward, research will be incredibly important as health reform is implemented and evaluated. He offers a fine research roundup from leading healthcare bloggers – check it out!
Healthcare – According to a Commonwealth Fund report on healthcare, which assessed and compared data from patient and physician surveys in seven countries in 2007, 2008 and 2009, the U.S. scored sixth out of seven countries on quality issues, yet we spent more than double per person than any other surveyed country. See the full report How the Performance of the U.S. Health Care System Compares Internationally, 2010 Update, which includes both a snapshot chart and an interactive comparison tool. Related: Results from the National Scorecard on U.S. Health System Performance, 2008
The importance of timely reporting – In Manucy v. Joe Manucy Racing, The Louisiana Court of Appeal recently ruled that an employee who was injured during horse training was ineligible for benefits because although the injury was immediately apparent, the worker did not file for benefits until about a year and a half after the injury occurred. Louisiana law stipulates a one-year from date of injury filing deadline for injuries that are immediately evident, and two years for injuries that do not develop immediately. In this case, the injury was immediately apparent, requiring ambulance transport and surgery within two months. State law varies on statues of limitations for benefit eligibility, most commonly falling between one and three years from date of injury. Many states offer some exceptions to the statutes – such as starting the clock ticking at date of disability rather than date of injury or allowing exceptions if there is conduct that might be regarded as deceptive on the part of the employer.
Going and coming – As a rule, any injuries that happen to an employee when they are traveling to or from work – ‘going and coming’ – are not compensable, but there are exceptions. Fortney v. AirTran Airways, Inc. deals with one of those exceptions: service/benefit to the employer. In this case, the employee was killed in a plane crash while flying on a reciprocal arrangement with another airline. The Kentucky Supreme Court upheld benefits to the estate of the deceased. At Lexis Nexis Workers’ Comp Community, Roland Legal PLLC summarizes the issues: “Whether an employer uses transportation or transportation expense as an inducement for an employee to accept or continue employment is material to supporting compensability, particularly when the journey is sizeable and when the employer pays all or substantially all of the expense.” See our prior post about common exceptions to the ‘going and coming’ rule.
Medicare – Get your popcorn and follow along as Joe Paduda offers a guide to the status of the Medicare “fix” and looks at various scenarios for how things may play out.
Retroactive Insurance in Georgia – events continue to play out in the wake of the insolvency of Southeastern U.S. Insurance Inc (SEUS) in Georgia (a story in and of itself, and worth a read if you haven’t been following along). After the SEUS demise, many employers were left holding the bag for the open claims of injured workers because they had not paid into the state’s insolvency fund and were therefore ineligible for coverage. New legislation will cover employers retroactively if they pay into the state insolvency fund, but the Georgia’s Insurers Insolvency Pool has filed a challenge to the new law. “The pool is placed in a position of uncertainty as to whether the legislation imposes duties and obligations on the pool retroactively in violation of the Georgia state constitution,” the filing says.
Arizona judge: no raiding the compensation fund – The state of Arizona is considering an appeal to Maricopa County Superior Court Judge Larry Grant’s ruling which found that Governor Brewer and legislators ignored the plain language of the law by trying to use $4.7 million from the State Compensation Fund to help balance the budget. According to the judge “The proceeds held by the special fund are insurance proceeds held in the benefit of employees and employers covered by the Workers’ Compensation Act.”
Safety shorts

Cavalcade of Risk #100 (!) and other news of note

Wednesday, March 10th, 2010

Is the 100th time the charm? Cavalcade of Risk celebrates its centesimal issue today – that’s a lot of risk coverage! Our host for this landmark issue is Russell Hutchinson of moneyblog – tip of the hat to him for a good issue. And kudos to Cavalcade founder and visionary, Hank Stern of InsureBlog.
Chronic Pain – a few weeks ago, we brought you one approach to chronic pain management. In Risk and Insurance, Peter Rousmaniere discusses the CT Workers’ Compensation Trust approach to chronic pain. This self-insurance pool of 390 healthcare employers introduced a a five-pronged program in 2009, which Rousmaniere outlines. He challenges readers to “consider how many of the five you or your vendors apply.”
Uncovered in Georgia – a loophole left 88 injured workers without workers’ comp coverage on the recent failure of Atlanta-based workers’ compensation insurer Southeastern U.S. Insurance (SEUS) Inc. Normally, the state’s insolvency pool would serve as a safety net for failed insurers, but up until a law change in 2008, captive insurers were not covered by this pool. While SEUS had converted from captive to become a traditional insurer, 88 workers claims predated the conversion and are responsible for their According to the article, “Eight of those workers have catastrophic injuries and will need lifetime care. One has medical needs exceeding $45,000 a month.”

“Twelve other firms that operated under rules that exempted the failed company’s clients from drawing from an insolvency pool still do business in the state. And while they all now pay into that pool, 10 have claims predating the 2008 change in the law that required them to do so.
If any fail, workers with active pre-2008 claims could find themselves in a similar bind. State insurance regulators say they don’t know how many people ultimately could fall in that category. But they say they don’t think any of the 12 companies is in danger of failing.”

Mad as a hatter – On the recent release of Tim Burton’s Alice in Wonderland, the CDC reminds us that the phrase “mad as a hatter” originated from on-the-job mercury poisoning. To shape felt hats, hat makers used a solution of mercuric nitrate and, as a result, often suffered from agitation, tremors, slurred speech and other neurological symptoms – thus, “mad as a hatter.” Hat manufacturers used mercury until 1941. Mercury is still used in many industries and the CDC article has some interesting statistics, as well as a page devoted to recommendations, reports, and other resources for preventing hazardous exposures to mercury on the job.
Fatal Injury mapping – via Occupational Health & Safety, we learn that OSHA has introduced a new fatal injury mapping module, which “…allows users to create customized, color-coded maps of injury-related death rates throughout the United States. It defines injury-related deaths according to intent (e.g., unintentional, homicide, suicide) and mechanism of injury (e.g., motor-vehicle traffic, fall, fire or burn, poisoning, cut).” CDC’s Fatal Injury Mapping Module. Other data and statistics are also available from CDC’s WISQARSTM (Web-based Injury Statistics Query and Reporting System), an interactive database system that provides customized reports of injury-related data.
NY crane deaths followup – Liz Borowski of The Pump Handle offers and update on the 2008 crane NY crane disasters. The owner of the city’s largest construction crane company is expected to be indicted for manslaughter in the death of two workers in one of the incidents. She also updates status on OSHA’s crane & derrick rule.
Legislator, heal thyself – More than 70% of congressional offices violate OSHA safety standards – but the good news is that violations have dropped. “The number of Occupational Safety and Health Administration (OSHA) violations found in each office has significantly decreased over the years as well — from an average of about 8.15 violations per office in 2007 to an average of 1.75 hazards in each office this year.” (via Advanced Safety and Health)
March is workplace eye wellness monthReliable Plant offers some tips on eye and face protection. Other resources: OSHA Eye and Face Protection; NIOSH: Eye Safety; National Safety Council: Protecting Your Eyes from Injury; Healthy Vision 2010: Occupational Eye Injuries
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