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Santa Rosa Car Accident Kills One

Shannon Weidemann — Mon, 16 Jul 2007 11:23:32 GMT

A car accident in Santa Rosa on Saturday night killed one man and injured three other people. The car accident happened on Occidental Road. The driver of a Toyota Tercel sideswiped one car and then hit another. He was driving under the influence of alcohol. He was injured in the crash. His passenger was killed.

The police said the victim

was wearing only the shoulder strap and not his lap belt and suffered blunt force trauma to his chest when his body went into the dashboard.

The driver of the sideswiped car was not injured. The driver and passenger in the third car were both injured. All of injured were taken to Santa Rosa Memorial Hospital. The driver responsible for the crash was charged with a DUI and arrested.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Shannon Weidemann

Investigations Prompted by Failure to Comply with Stop Order, Obtain Workers Compensation Insurance

James Cool — Sat, 17 Jan 2009 20:45:31 GMT

Sections 3550-3553 of the California Labor code require that employers have workers compensation insurance, which pays benefits to s matter. Last week, California Labor Commissioner Angela Bradstreet referred two San-Francisco area construction companies to the District Attorney’s office for a failure to comply with a stop order and failure to maintain the required worker’s compensation insurance. After inspections in mid-October, the construction companies were ordered to stop working until the required insurance was obtained. Bradstreet explained the stop-work order, reminding employers that “illegal operations have a negative impact on our state's economy and they do not provide the protection legally afforded to California Workers.” When neither of the companies, Struct-Tech Group, Inc. and Glenside Construction, did not comply with the order, the referral to the DA’s office was almost immediate.

The owners of Struct-Tech Group, Inc. and Glenside construction companies are facing court dates this month and face between $2,000 and $5,000 in penalties for the violations. While the penalties are not assessed per evaluation, Bradstreet commented that "the actions of the Labor Commissioner and District Attorney should send a strong no tolerance message to employers who seek to violate California's worker's compensation laws."Perhaps more importantly, the stop orders have no doubt had an impact on the day-to-day operations of the companies, demonstrating the necessity of meeting the labor code’s requirements.

If you employ even one employee, you may be required to carry your own worker’s compensation insurance. California’s Department of Industrial Relations provides information for employers to help them comply with the law. If you are interested in learning more about the workers compensation that you may be required to provide, you may want to visit them online. If you have questions or need advice regarding workers compensation at your place of work or within a company you own, you may want to speak to an attorney.

Originally posted at InjuryBoard by James Cool

PAIN PATCH LAWSUIT DECIDED BY JURY

William Grewe — Mon, 03 Nov 2008 20:16:21 GMT

A Florida jury found the maker of drug patches which release pain medication (fentanyl) responsible for the wrongful death of a mother of five who was using the Duragesic patches. The 34-year-old woman was prescribed the patches for pain relief. More than six years have passed since Susan Hodgemire died. The victim's husband and children were awarded $13 Million. According to the linked article, this is the third such product liability case to proceed to trial. The other juries --in other states--also found for the plaintiffs. A fourth trial is calendared to begin this month.

Originally posted at InjuryBoard by William Grewe

What the Tort Reform Folks Don’t Tell You…

James Cool — Fri, 30 Jan 2009 01:57:47 GMT

Rush Limbaugh will not mention it on his radio program and Bill O’Reilly will deny its truth, but the latest data shows that the cost of insurance to employers is declining and so are the costs of employee medical benefits. Contrary to conservative myth, litigation is not driving up the cost of insurance and more tort reform legislation is not needed to stem the tide of ever-increasing insurance premiums. The fact is costs are going down.

Risk and Insurance Magazine recently released a report evaluating the effect of 2003 workers compensation system reforms. Risk evaluates the passing grade received by California’s workers compensation system given by the Commission on Health and Safety and Workers Compensation. Risk explains that:

“The CHSWC is a joint labor-management body created by the Legislature in 1993. The commission is charged with examining the health and safety and workers comp systems in California and recommending administrative or legislative modifications to improve their operation. As part of its mandate, the CHSWC published the report card”

Risk evaluated the data within the report and concluded that the cost of workers compensation continues to fall. The study revealed that the average rate of workers compensation premium per $100 of payroll is $2.40 which is lower than premiums were in 1994. The study attributes much of the success in lowering costs to the 2003 reforms which “were aimed at controlling medical costs, updating indemnity benefits and improving the assessment of permanent disability.” The 2003 reforms focused heavily on structural and systemic changes which lowered costs from within through deregulation and modifications to the way insurers and doctors did business, not tort reform.

The study also found that:

“Most injury costs appear to be leveling off…..after the reforms, the average costs for all of the types of injuries declined from 2004 to 2006, with the exception of psychiatric and mental stress. From 2006 to 2007, researchers said the average cost for some types of injuries, such as carpal tunnel/repetitive motion injuries, back injuries, and psychiatric and mental stress appeared to be leveling off. At the same time, slip and fall injuries increased, and other cumulative injuries decreased slightly.”

Tort reform advocates, many of whom were proponents of the 2003 reform, may interpret this data to mean that further legislation is needed to cure remaining problems. However, this is misleading. The data as interpreted by Risk reveals that the current reforms have worked and that many of the fears and concerns which prompted the 2003 reforms have been allayed and no further legislation is needed.

As recently as 2006, California Governor Arnold Schwarzenegger praised the 2003 reforms. His press release celebrating the anniversary of the reform legislation notes that that changes reduced costs by getting injured workers the immediate treatment they need to get back to work faster. In other words, even the conservative “governator” concedes that a proven method of lowering insurance premiums and health care costs to employers is by reforming and optimizing the way big insurance and large employers do business. Oftentimes, these simple reforms are overlooked in the debate over tort reform with proponents decrying “run away juries” and “predatory lawsuits,” rather than focusing on the real, underlying causes of increased insurance costs.

For a copy of the full, very long report card you may visit this link

Originally posted at InjuryBoard by James Cool

Returning to Work: Getting Information About the Return to Work Process

James Cool — Sun, 21 Dec 2008 16:05:11 GMT

With the year wrapping up, many workers are taking time off to spend with friends and families. But workers who have been injured on the job just prior to the holidays may be planning on returning to work just after the New Year. Many plan on convalescing this way, returning to their original duties or to transitional duties after the holidays end. Yet the return to work can be more complicated than packing a lunch, punching the time clock, and getting back to the grind.

New laws, including A.B. 2181, were passed this year addressing worker’s rights with regard to occupational injuries. The bill requires that the administrative director of the Division of Workers' Compensation (DWC), in consultation with the Department of Fair Employment and Housing (DFEH) and the Commission on Health and Safety and Workers' Compensation develop and publish guidelines for employees and employers that cover the “return to work” process. Such a requirement is significant because discrimination can occur when an employee returns to work following an industrial illness or injury. For that reason, protections against discrimination is available for workers, whether they have taken time off for their own injury or under the Family Medical Leave Act. Once the guidelines are published, employers will have to provide the information to workers on disability. However, employers have a duty not to discriminate against workers even now, before those guidelines are published and made available to workers.

Both the Occupational and Health Safety and Human Rights Acts create a duty – employers must attempt to accommodate an injured employee. If possible, transitional work should be made available that is consistent with the worker’s abilities and attempts to restore the worker’s pre-injury earnings. Transitional work, however, is not always available. But a well conceived “return to work” program can be a proactive way for employers to help injured workers stay at work or return as soon as physically possible. For many, the end of the holidays and the current economic crisis may make the call back to work all the more insistent. However, if you have sustained an on-the-job injury and you feel that you are being pressured back to work before you are ready, you may wish to speak to an attorney. You may also wish to speak to an attorney if you feel pressure not to return to work when you do feel ready or have been cleared by a medical doctor.

Originally posted at InjuryBoard by James Cool

Durabrand DVD Players Recalled By Wal-Mart

Chrissie Cole — Tue, 01 Sep 2009 11:34:00 GMT

Wal-Mart Stores, in conjunction with the CPSC, announced a voluntary recall of 4.2 million Durabrand DVD Players because they can overheat, posing a fire and burn hazard.

On August 20, 1.5 million silver Durabrand DVD Players were recalled.

To this date, there have been 14 reports of the recalled DVDs overheating, seven of which resulted in fires that caused property damage.

The recalled DVDs were sold in pink, purple and silver. The following UPC codes and model numbers are involved in the recall:

Silver: UPC 1799901002, Model No. 1002

Pink: UPC 1799934100, Model No. 1002 PINK

Purple: UPC 1799932100, Model No. 1002 PUR

Consumers should stop using the recalled DVDs and return it to the nearest Wal-Mart for a refund.

Consumer Information: Contact Wal-Mart Stores at (800) 925-6278 between 7 a.m. and 9 p.m. CT Monday through Friday, or visit www.walmartstores.com

Originally posted at InjuryBoard by Chrissie Cole

New Legislation That Would Give Same-Sex Couples State Granted Benefits that Married Couples Enjoy May Include Workers’ Compensation Protections

James Cool — Wed, 11 Mar 2009 22:29:21 GMT

Just in case you’ve had your head in the sandy beaches of California over previous months, it’s important to understand some background about gay marriage initiatives in our state. In November, the state’s Proposition 8 passed with a bare majority, representing 52% of the vote. The proposition banned same-sex marriage in California after the California Supreme Court's landmark 4-3 ruling on May 15 that overturned a ban on same-sex marriage. This month, groups on both sides of the controversial issue gathered outside the courthouse as the Supreme Court held a hearing about what to do about the marriages that had taken place before the voters banned same-sex marriage. It is likely that the Supreme Court will allow those already wed to remain married, but it’s unlikely that the court can do more. Although voters may have an opportunity to turn over the initiative in 2010, many same-sex couples and their supporters may consider other legislation that may impact benefits for those couples, including workers’ compensation. Such legislation could expand on Justice Joyce L. Kennard’s observation that the Proposition took away the “label” of marriage.

An example of such new legislation, the Seattle Times reports, is likely to win the support of Washington’s legislators and may grant the same state-granted benefits to same-sex couples that married couples enjoy. Among these benefits is workers’ compensation, which would be provided to domestic partners who have to care for a partner injured on-the-job. The measure passed through Washington’s Senate late Tuesday night and is expected to clear the House. However, Washington has been behind California in terms of building a “slate of rights” and it seems unlikely that California’s Supreme Court will strike down Proposition 8. Nevertheless, once the court makes its ruling, legislators may turn to new efforts to give domestic partners in the state access to benefits like workers’ compensation and recognition for leave-time. If the legislation in Washington does succeed, we may see similar legislation in California that might impact your own access to workers’ compensation if you live in a domestic partnership.

Originally posted at InjuryBoard by James Cool

AIDS Drug Contains Carcinogen

Shannon Weidemann — Mon, 10 Sep 2007 19:16:08 GMT

An AIDS drug manufactured by Pfizer contains a human carcinogen due to an effect of the manufacturing process. Viracept is not being recalled but a warning letter is being issued to doctors. A similar drug manufactured in Europe by Roche Ltd. was recalled.

The U.S. Food and Drug Administration said, however, that some patients might already have been exposed to EMS levels higher than what the FDA considers to be an acceptable limit.
Still, the FDA has decided against a recall of Viracept manufactured by Pfizer because of the lower levels of EMS in the drug when compared to the levels found in Europe.

The FDA feels the risk of not taking the protease inhibitor is far lower than the risk of taking the drug. The carcinogen is ethyl methanesulfonate.

For more information on this subject matter, please refer to the section on Drugs, Medical Devices, and Implants.

Originally posted at InjuryBoard by Shannon Weidemann

Governor Receives Criticism for Failures in California’s Workers Compensation System

James Cool — Sat, 17 Jan 2009 20:46:18 GMT

Visit Governor Schwarzenegger’s website and you’ll see news of plans to disseminate 18 million dollars in job training grants that are meant to help get the unemployed back to work. But the Governor has received criticism lately because what you won’t see are plans to protect workers from injuries on the job once they do get back to work. Tens of thousands of Californians injured while working are facing inadequate medical care, denials of insurance payments, and compensation for permanent loss that is among the lowest in the nation. Restricting the protection for workers on the job can only pose further challenges for many already concerned about the economy and making ends meet. Some critics blame the Governor’s 2004 changes to worker’s compensation for the fact that California workers face a plight unparalleled by others in the nation when it comes to coping with workplace injuries.

Such criticism was prevalent when Richard Chance, an injured worker, held a press conference in Sacramento just before Christmas. Chance as working as an Operating Engineer on site when a motorcyclist flew around a corner, striking Chance and a co-worker. Chance was thrown 35 feet back in the air. He suffered a broken femur that punctured his skin, a pelvic fracture, a broken tibia, a broken fibula, and a traumatic brain injury. Richard lost 41 pints of blood. His femur didn’t heal properly and he had to have a new rod implanted. Richard also developed a blood clot in his lung. Chance explained at the press conference that he is still injured and hasn’t recovered – but that nevertheless, he will lose his temporary insurance coverage thanks to a 2-year cap signed into law by Governor Schwarzenegger. Even if Chance had a claim against the motorcyclist, litigation can take months or years, and Chance needed medical care – and compensation, immediately. The law – one that the legislature has attempted to rectify – hasn’t been changed as Schwarzenegger has vetoed attempts to help injured workers. Critics claim that the law favors insurance companies and allows them to delay approving medical care and wait-out an injured worker until they meet the cap. This is what happened to Chance, who is still unable to return to work and now being denied assistance that would help his family make mortgage payments.

Unfortunately, Chance is not the only one impacted by insurance delays and denials. Commentator Todd McFarren asks, “How can our state government continue policies that penalize our working men and women, and reward insurance companies for denying and delaying legitimate care and compensation?” Since the Governor’s changes in 2004, the insurance companies have reaped the reward of the caps, pocketing the profits of delay and allowing the taxpayers to foot the bill for support of injured workers. McFarren reports that the insurance companies have had record profits since the Governor’s changes.

If you have been injured at work and are facing delays from your insurance company, and you need assistance, you may want to consider speaking to an attorney that can help you navigate the workers compensation and insurance systems. Especially if you need to focus on recovering, you may be well served by having a strong advocate on your side.

Originally posted at InjuryBoard by James Cool

AUTO ACCIDENTS INCREASE WHEN HALLOWEEN FALLS ON A WEEKEND

William Grewe — Fri, 31 Oct 2008 12:16:24 GMT

Children racing home from school with trick-or-treating on their minds, motorists charging homeward and phoning to make sure all plans are in place, and an early sunset. Put it altogether and it is a witches brew for serious auto accidents. Statistics show that fatal car accidents increase when Halloween falls on a weekend says the National Highway Traffic Safety Administration. More folks participate in the holiday when it is on a weekend, and workers are more likely to get a jump on the evening when the holiday lands on a Friday. Here are a few tricks: If don't usually do so, and your child does not ride a bus, treat the youngster to a ride home; if you are driving home from work, turn off your cell phone and imagine that somewhere on your drive home your child, niece, nephew or grandchild will cross your path. Later, if teens are over, try to minimize their driving on Halloween night. Their lack of driving experience can leave them ill-prepared for the increased and unexpected hazards of driving on Halloween.

Originally posted at InjuryBoard by William Grewe