NJ: WC JUDGES HAVE DISCRETION TO RULE ON VALIDITY OF A TDB LIEN. In a complex decision involving causal relationship, apportionment of liability and reimbursement of a TDB lien that Appellate Division responded to a statement made by the trial Judge, "...I am no longer a Judge, I am a statutory collection agency for the Labor Department," by reversing his decision and remanding the matter for hearing.

Esther Weissman, 73, labor lawyer, helped to alter compensation law.

WORKERS' COMPENSATION CLAIM FREQUENCY DOWN. NCCI announced that the decline in claim frequency continued through 2004. Over the last five years there have been significant declines for all types on injuries. However medical costs continues to be the leading driver of costs. The medical share of total workers' compensation costs has now risen to 55% countrywide and in some states is approaching 70%. 

CMS TO ISSUE NEW MEDICARE SECONDARY PAYER GUIDANCE. Under mounting pressure from many organized groups, CMS (The Center for Medicaid and Medicare Services) has indicated that it will shortly release a new set of "Questions and Answers" in order to, yet again, redefine its procedures. 

NY WORKERS' COMPENSATION RATES. New York Rates: Follow the Bouncing Ball. New York is famous for being a high cost state for workers compensation. By any reasonable measure, New York falls within the top four states for high comp cost, sharing the dubious spotlight with California, Texas and Florida 

Cancer Reported as the Leading Cause of Job Fatalities in the World - New Report Reveals That Medicare is Covering $23 Billion in Medical Costs That Should be Paid by Workers' Compensation 

OWENS CORNING'S ASBESTOS LIABILITIES SET AT $7 BILLION BY FEDERAL JUDGE
OC's asbestos liability put at $7 billion by U.S. Judge. Choosing a midpoint between estimates of opposing creditor groups, a federal judge has ruled that Owens Corning is exposed to $7 billion in potential claims by people who were made sick by exposure to asbestos insulation produced by the firm until the early 1970s. 

W.R. Grace and Executives, in Asbestos Concealment Action. Charged With Fraud, Obstruction of Justice, and Endangering Libby Montana Community 

2nd Annual THIS YEAR IN WORKERS’ COMP: TOP 10 ISSUES & CASES - Tues., Mar. 8, 2005
A panel of state and national experts address TEN issues that can make or break your case, including a concise analysis of key cases that have been decided during the past year.

New Report Reveals That Medicare is Covering $23 Billion in Medical Costs That Should be Paid by Workers' Compensation --$4.2 Billion Halliburton Asbestos Settlement Given Final Approval by Court -- Recent Court Decisions: Dinner Not A Deviation from Employment (NJ Supreme Court) -- Remicade linked to severe hepatic reactions, including acute liver failure, jaundice, hepatitis and cholestasis. -- 2nd Annual This Year in Workers' Compensation - The Top Issues and Cases - March 8, 2005 -- Medicare Secondary Payer Act - Waivers and Compromises CMS -- Social Security Announces 2.7 Percent Benefit Increase for 2005 Monthly Social Security and Supplemental -- FDA Statement on the Halting of a Clinical Trial of the Cox-2 Inhibitor Celebrex  

 Recent decisions posted to our web site:  -CMS MEDICARE SECONDARY PAYER ACT: ALLEGED OVERPAYMENT COULD NOT BE WAIVED -EXCLUSIVITY BAR -S...

Vioxx Recalled Worldwide--How to Apply for a Handicapped Placard--Ford Door Latch Personal Litigation--CMS Assist(tm) - New Support Group for Professionals--Gelman to Speak at NOSSCR on Medicare

CMS ANNOUNCES IMPLEMENTATION OF BENEFICIARY ACCESS SYSTEM. The Beneficiary Automated Status and Inquiry System (BASIS) is available to participants of the Voluntary Data Sharing Agreement (VDSA) program. The BASIS allows you to make on-line Medicare entitlement queries to CMS’ Enrollment Data Base (EDB) to determine if an individual is a Medicare beneficiary and if so, obtain available entitlement information. The BASIS serves as a useful tool when you have a need to know specific information during the interval between quarterly file exchanges. 

 Medicare Expands Drugs Available Under Program to Help Beneficiaries with Severe Illnesses - A New CMS/MSP Issue for Reimbursement? For these...

Who is National Gypsum? Incorporated in Delaware in 1925.Manufacturer and supplier of services for the building and construction industry. Miner of asbestos fibers. Popular trade name: Gold Bond Products
Asbestos products types – drywall, joint compounds, textures, shingles, cement boards, adhesives, acoustical plaster, fireproofing, insulation cement, raw asbestos fiber.

 MEDICAL GUIDELINES IN WC CASES APPROVED BY TEXAS SP CT--"In this opinion, we conclude that the Legislature authorized TWCC to set upper limits on reimbursement amounts and establish a reasonable time limitation on requests for medical dispute resolution

FRUSTRATIONS OF 9-11 VICTIMS SEEKING WORKERS' COMPENSATION--Many Who Served on 9/11 Are Still Pressing Fight for Workers' Compensation. It is in places like Judge Mark Solomon's workers' compensation courtroom in Brooklyn that lingering questions about the health consequences of the Sept. 11 attack on the World Trade Center are fought over day after day.

In 1992, the U.S. Congress passed the Workers' Family Protection Act (Public Law 102-522, 29 U.S.C. 671), which requested that the CDC's National Institute for Occupational Safety And Health (NIOSH) conduct a study to "evaluate the potential for, prevalence of, and issues related to the contamination of workers' homes with hazardous chemicals and substances...transported from the workplaces of such workers."

Asbestos: Federal Mediation Fails to Reach Accord. AIA remains committed to meaningful reform of deeply flawed litigation system. The following statement is in response to the end of negotiations over legislation to establish a national asbestos victims compensation trust fund (S. 2290). The negotiations were mediated by retired Federal Judge Edward Becker. This statement should be attributed to Robert E. Vagley, president of the American Insurance Association (AIA) 

Statement by OSHA Administrator John Henshaw On Worker Memorial Day 2004. "Today is Worker Memorial Day, a day to pay tribute to the men and women who have lost their lives on the job. We mourn with their families and friends, and we recognize that the loss of these very special people extends beyond the home; the loss is felt in schools, places of worship, at social gatherings, in local communities, and throughout the entire nation.