Louise Norris has posted a very simpsons-esque edition of Health Wonk Review at Colorado Health Insurance Insider. Of course, commentary on the Affordable Health Care for America Act is front and center. This issue is also packed with such diverse topics as limericks and Japanese organized crime bosses. Thanks to Louise for compiling a great edition.
Other news notes
Toxic mold – Is workplace mold compensable? Roberto Ceniceros notes that this was a big topic in workers comp circles a few years back, with many predicting it would be the new asbestos. In his blog posts, he looks at a pair of recent court cases dealing with mold claims.
Swine flu – The New York Times reports that the CDC will soon be releasing updated fatality counts for the H1N1 virus, with the new number closer to 4,000 deaths since April rather than the 1,200 previously estimated. While this number is still low in comparison to the 36,000 killed by seasonal flu each year, over 90 percent of seasonal flu victims are over 65 and in most cases have other health problems so it will be interesting to learn the demographics with swine flu. The new figures are expected to be released next week.
Veterans – Just a few followups to Veteran’s day. Consumer Insurance Blog posted a comprehensive rundown of Insurance issues for U.S. military service members & their families. And on another note, we call your attention to one of the most heartwarming and sob-inducing posts we’ve seen in awhile – a compilation of video clips of dogs welcoming home soldiers. Is it any wonder that dogs are now playing a big role in helping vets deal with PTSD?
Smart Pills – Jacob Goldstein of the WSJ Health Blog posts about a new technology that can detect if you forget to take one of your important medications and send you a text reminder – based on a microchip implanted in the pill. Exciting health innovation or brave new world? Katherine Van Tassel of HealthLawProfBlog wonders just who will be keeping track of this information?
Immigration – Peter Rousmaniere posts Important 2008 statistics about immigration. Also, don’t miss his recent post on recent ICE estimates that 17,500 people are trafficked into the U.S. each year. Human trafficking is just another way of saying “slavery”- unlike illegal immigrants, there is nothing voluntary about their presence here – these are people who are abducted from homes or deceived with false promises.
Compensability – Man plays volleyball at work and is injured. Is his injury compensable? Check it out at SafetynewsAlert.
Posts Tagged ‘swine flu’
Hot off the press: Health Wonk Review; other news notes
Thursday, November 12th, 2009Cavalcade of Risk and some quick links
Thursday, May 7th, 2009Joe Kristan is hosting the latest edition of Cavalcade of Risk at his Tax Update Blog. Unsurprisingly, swine flu is a common themes in this issue – but there’s a grab bag of other risk-related topics, too – check it out!
Other links of note:
May is Electrical Safety month. OSHA resources on electrical safety
Does a focus on employee wellness pay off? The Wellness Calculator will help you to evaluate potential savings.
NIOSH: Safety and Health in the Horse Racing Industry.
Dissecting Fraud – a podcast from Legal Talk Network. Host Alan S. Pierce discusses employer fraud with his guest Attorney Michael I. Fish.
Various newsfeeds on Swine Flu – a good resource to keep you up to date on any developments.
Swine Flu part 2 – links to helpful resources for employers
Wednesday, April 29th, 2009To follow up on my colleague Jon’s Monday post on Swine Flu Meets Workers Comp, we’ve compiled a list of swine flu news and planning resources for employers.
How Employers Should Respond to the Swine Flu Outbreak – the Workplace Safety Compliance Practice Group of the employment law firm Jackson Lewis suggests 8 steps for employers to take in responding to employee concerns.
PandemicFlu.gov – Workplace Planning – HHS and the Centers for Disease Control and Prevention have developed guidelines, including checklists, to assist businesses, industries, and other employers in planning for a pandemic outbreak as well as for other comparable catastrophes.
Guidance on Preparing Workplaces for an Influenza Pandemic – a new guide for employers from OSHA
CDC Swine Influenza – news, updates, and resources from the Centers for Disease Control and Prevention
WHO Swine Influenza – global updates and news from the World Health Organization.
MedlinePlus: Swine Flu – excellent page with news, articles and links to a variety of resources.
Taking Care of Yourself: What to Do if You Get Sick with Flu – from the CDC
Taking Care of a Sick Person in Your Home – from the CDC
Maps
Global disease alert map from HealthMap
H1N1 Swine Flu
News feeds
CDC Emergency Twitter feed
What’s new on the CDC Swine Flu page
CNN Health News
Y! Health Cold & Flu News
Swine Flu Meets Workers Comp
Monday, April 27th, 2009It’s only Monday morning and many of us are just refocusing after a weekend of gardening, football drafts, NBA playoffs, baseball (Ellsbury steals home!), so we are probably not quite ready to think about the unthinkable: a potential swine flu pandemic, originating in Mexico and already active in several major American cities.
Here is the official government announcement (which appears to circumvent potential panic by burying the bad news in gov-speak):
As a consequence of confirmed cases of Swine Influenza A (swH1N1) in California, Texas, Kansas, and New York, on this date and after consultation with public health officials as necessary, I, Charles E. Johnson, Acting Secretary of the U.S. Department of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, 42 U.S.C. § 247d, do hereby determine that a public health emergency exists nationwide involving Swine Influenza A that affects or has significant potential to affect national security.
[Where, oh where, do they learn to write like that?]
As is our custom, we focus on the implications for workers comp. Back in 2005 we blogged the ramifications of smallpox exposure from the comp perspective. The smallpox exposure – a result of the terrorism scare – proved to be a false alarm. The swine flu, unfortunately, appears to be all too real.
The Comp Dimension
It’s not difficult to isolate the kinds of activities that might expose an individual to the Swine flu. Many of these exposures are prevalent in the world of work:
: travel
: frequenting congested areas (travel terminals, public transportation, classrooms, etc.)
: touching anything handled by strangers
: eating out
: meeting business colleagues from around the country and around the world
In order for the flu to be a compensable event under comp, certain requirements must be met:
: the individual must be “in the course and scope of employment” when exposed to the virus
: the exposure must arise out of work (as opposed to being a totally random event)
: work itself must put the individual in harm’s way
An individual commuting to work via public transportation might have high risk exposure, but flu caught on a subway or bus would not normally be covered by comp. But if the exposure stems from company-provided transportation (for example, a van), the subsequent illness might well be compensable.
If one worker in a closed environment brings the flu to work, co-workers who succomb to the virus can make a good case that the illness is work related. The initiator, however, would not have a compensable claim, unless he/she could demonstrate a definitive work-related exposure.
Health workers are on the front lines of any pandemic. Even though it might be impossible to prove that they actually caught the virus at work, any and all cases of Swine Flu are likely be compensable.
If you fly on an airplane on company business and the person next to you is sneezing and coughing, your exposure is work-related and the subsequent illness is likely to be compensable. If you are flying to visit Aunt Martha, you are on your own.
The comp system is not well equipt to deal with illness. It’s usually very difficult, if not impossible, to determine exactly when an individual actually caught the virus. With state laws varying in their assumptions of compensability, with a multitude of insurance carriers and third party administrators making compensability determinations, we will see a crazy quilt of decisions regarding the compensability of swine flu.
There is a lot of money at stake in these compensability decisions. For mild cases, the issue is moot. It’s the more severe cases – prolonged illness and even death – that raise the greatest concerns. While thus far the fatalities have been limited to residents of Mexico, if the feared pandemic occurs, there will be prolonged illness and even fatalities in the states. Then the crucial decisions regarding compensability will directly impact the future cost of workers comp insurance.
What is to be Done?
So how should employers handle flu exposures? For a start, educate employees on prevention. The above government website has some helpful hints – and they are actually written in plain English; unfortunately, they are only written in English.
Any employee showing up at work with flu symptoms should be sent home immediately. And if any employee appears to come down with the flu while “in the course and scope” of employment, employers should report the illness to the insurer/TPA, so that a proper compensability determination can be made. As in all things comp, it is usually a mistake for the employer to make assumptions about compensability. When in doubt, report the illness and let the experts determine what to do.
As the world lurches from one crisis (economic) to another (pandemic), it is all too clear that we have fulfilled the Chinese (?) curse: “May you live in interesting times.” We do, indeed.