Posts Tagged ‘Mississippi’

Annals of the Aging Workforce: An Old Man Takes His Lump(s)

Monday, January 14th, 2013

We have often discussed the disconnect between the roughly 100 year old workers comp system and the realities of today’s workforce. The old system was not designed to handle older – and we do mean older – workers. Today’s case in point is Von Brock, a 77 year old greeter for Walmart in Mississippi. In July 2008 Brock was moving a lawn mower for a customer when the handle fell off, causing him to fall and break his leg. After surgery, one leg was shorter than the other. Brock was assigned a 20 percent disability rating and never returned to work.
Given his permanent total disability, Brock was awarded benefits of $163.67 per week for 450 weeks. He requested and was granted a lump sum settlement which totalled about $75,000, minus what had already been paid, for a revised total of $53,000. Using actuarial tables for life expectancy, the workers comp commission further reduced the lump sum to $32,000 – a discount of 42 percent, compared to the usual 4 percent discount for younger workers. Brock sued, stating that he had already exceeded average life expectancy for white males and was in good health. He alleged that the use of actuarial charts was discriminatory.
The Mississippi court of appeals rejected Brock’s claim, citing Mississippi Code Annotated section 71-3-37(10):

Whenever the [C]ommission determines that it is for the best interests of a person entitled to compensation, the liability of the employer for compensation, or any part thereof as determined by the [C]ommission, may be discharged by the payment of a lump sum equal to the present value of future compensation payments commuted, computed at four percent (4%) true discount compounded annually. The probability of the death of the injured employee or other person entitled to compensation shall be determined in accordance with validated actuarial tables or factors as the [C]ommission finds equitable and consistent with the purposes of the Workers’Compensation Law.[emphasis added in appeals court decision]

The appeals court noted that the language of the law is unambiguous: the commission “shall apply validated actuarial tables…” Hence, despite Brock’s apparent good health and his already beating the prevailing odds on mortality, the lump sum was discounted substantially because of his age.
New Realities of the Working World
The Mississippi statute, like those of other states, does not contemplate the dilemma of a 79 year old disabled worker. Nor do these various statutes take into account the precarious state of the rapidly aging American workforce, where post-employment prospects are exceedingly dim. Retirement is hardly an option for people who lack the substantial resources necessary for retirement. Von Brock continued working because he needed the money; once disabled, he needed workers comp to fill in the gap. Unfortunately, the “mortal coil” of age finally caught up with him: his working days are over.
Even if Brock had prevailed, the nest egg represented by the maximum lump sum settlement would only have covered his expenses for a few years; as it is, he now walks away with a substantially lower amount. While his former employer Walmart continues to offer discounts to bring in the customers, workers comp offers a discount that substantially reduces his ability to survive. Mr. Brock is in the vanguard of a multitude of aging workers in a dire situation. We wish them all the best of luck.

Health Wonk Review and assorted news of note

Thursday, April 12th, 2012

Brad Wright of Wright on Health tees up all the health wonkery this week as he hosts Health Wonk Review: A Masterful Edition.
Texas – Texas does things differently and their work comp program is true to course. Employers are not mandated to have workers comp insurance – they can opt out. According to a 2010 survey, 15% of businesses with 500+ employees choose to opt out. And now Walmart is opting out of work comp in Texas. See more on this at PropertyCasualyt360, including a graph of market share for the top 10 insurers comparing 2010 to 2011: Concerns Arise over Texas Workers’ Comp. State System After Walmart Drops Out
Mississippi reform – Mississippi is working on workers comp reform and we note that one provision about “medical proof” establishes a pretty high bar to hurdle for some injuries; for example, a back injury: “It also would require a worker to provide the employer with medical proof that an injury or illness is a direct result of the job if the worker’s claim is contested.”
Dirty Business – Is workers’ comp dirty? Some people seem to think so and Dave DePaolo considers whether there’s more to the frequent use of the term than coincidence. See Work Comp and Dirt – Do They Have to be Synonymous?
Florida drug warsTampa Bay Times says that drugstores are the new focus of painkiller investigations. From the article: “The U.S. Drug Enforcement Administration says that in 2009 no Walgreens retail pharmacies were listed among the DEA’s top 100 Florida purchasers of oxycodone — a key ingredient in OxyContin, Percocet and Percodan. / By 2011, 38 Walgreens made the list. By February, the total reached 53 of the top 100. So says a warrant filed last week in U.S. District Court for the Middle District of Florida. / In Fort Myers, the DEA says one Walgreens pharmacy sold more than 2.1 million oxycodone pills in 2011. That’s more than 22 times the oxycodone sales at the same pharmacy two years earlier.”
Healthcare’s 1%Who are the chronically costly? The costliest 1% of patients consume one-fifth of all health care spending in the U.S., according to federal data. Doug Trapp of amednews digs into the data to profile the most costly patients and where so much of the medical spend goes.
From the courts – Fred Hosier of SafetyNewsAlert has an interesting post about whether workers comp will be on the hook for prescribed drug’s side effects. He cites a case related to a West Palm Beach police officer who has filed for additional workers’ comp benefits for the treatment of his gynecomastia, an excess growth of breast tissue, a side effect of medication he was prescribed to treat a work-related injury. Initially denied, an appeals court has reopened his claim for review by an expert medical advisor.
Occupational Medicine – It’s been a bit since we visited the American College of Occupational and Environmental Medicine (ACOEM) site. ACOEM offers up a few new guides, and a revision of an older guide – Fatigue Risk Management in the Workplace (PDF), Guidance to Prevent Occupational Noise-Induced Hearing Loss and Guidance for the Chronic Use of Opioids.
Affordable Care Act – At Health Care Policy and Marketplace Review, Bob Laszewski looks at what individual health insurance might cost if the court strikes the mandate down and still requires insurers to cover everyone. Hint: a lot.
Briefly….

Rescue worker health & safety resources; disaster coverage

Tuesday, August 30th, 2005

Our thoughts and prayers go out to the people of southern Louisiana, Mississippi, and Alabama. In watching CNN last night, I was struck by the bravery of the police, firefighters, and volunteers who put themselves in harm’s way to rescue survivors. Health care workers are also doing an amazing job under terrible circumstances: staffing flooded hospitals, tending to refugees in the Superdome, and relocating elderly nursing home residents.
The disaster recovery is boggling in scope, and we will no doubt address it further. For now, here are some health and safety resources for rescue workers:
Worker safety after a flood
Worker Safety in a Power Outage
Emergency Response Resources for Workers
Response, Cleanup and Safety for Workers
The above links were found via Poynter. The Poynter Institute is a school for journalists, future journalists, and teachers of journalists. The website is often a good source of information for large, breaking news stories. In addition to the above links, they also have an extensive list of links to post-disaster health and safety resources for civilians and workers alike. It seems like a good time to give these resources wider circulation.
Online news coverage
In addition to the national media outlets, here are some online resources to local coverage.
NOLA – Breaking News from the Times Picayune
The Irish Trojan – a New Orleans area blogger who is posting frequent updates
Today’s Times Picayune – special online edition in pdf
Large graphic of the New Orleans levee system
Some of the following links to online TV resources can be slow loading due to demand.
WLOX – streaming video from Biloxi, MS
WJTV – online video from Jackson, MS
WPMI – online video from Mobile. AL
WLTV – online streaming video (embedded) from New Orleans
Joe Paduda has a post on Katrina’s impact on insurance costs in which he links to several articles and offers good commentary.