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Study questions enforcement of California work safety initiative

2012-02-02T15:31:09Z

In 1991, a new occupational safety program designed to drastically reduce the number of work injuries/accidents went into effect here in the Golden State. Called the California Injury and Illness Prevention Program (CIIPP), the groundbreaking program called for employers to do some of the following:

Convey workplace risks to employees
Investigate work injuries
Implement safety training
Reduce/eliminate workplace risks
Execute workplace surveys
Create a written policy on workplace safety

Interestingly, a new study by the Santa Monica-based RAND Corp. found that while CIIPP has proven successful in reducing work injuries, accidents and hazards, this success has been limited to those businesses that have been cited for violating particular work safety mandates.

Specifically, RAND researchers found that inspectors with the California Division of Occupational Safety and Health (Cal/OSHA) -- the agency in charge of enforcing CIIPP -- are mainly checking to see if employers have the required written policy and often not delving any deeper. However, when they do delve deeper and cite an employer for a specific CIIPP violation, real change occurs.

]]> "We found the safety effects to be real, but not very large," said John Mendeloff, a senior public policy researcher for RAND and study's primary author. "We think that the most important reason for the limited impact of this program is that inspectors often did not go beyond a review of the employer's written document."

Here, RAND researchers found that the violation of Cal/OSHA standards that was most frequently cited by its inspectors was CIIPP violations -- approximately 25 percent of all inspections resulted in CIIPP violations.

Breaking these numbers down, however, they found the following:

Of this 25 percent of inspections resulting in CHIPP violations, 20 percent were for not having a written program
Of this 25 percent of inspections resulting in CHIPP violations, 5 percent were for failures to comply with specific CIIPP provisions (i.e., failing to train workers, reduce risk, etc.); Furthermore, the researchers found that businesses that were issued these types of CIIPP violations saw their average work injury rates decline by over 20 percent in the following two years

RAND researchers ultimately concluded that this seemingly superficial compliance check by Cal/OSHA inspectors for CIIPP violations could mean that many companies have serious undetected safety problems.

According to Mendeloff, "inspectors should go beyond checking the paperwork" in order to facilitate real change.

Stay tuned for further developments in the area of workers' compensation defense law ...

This post was provided for informational purposes only and is not to be construed as legal advice.

Source:

Insurance Journal, "Study: California workplace safety program only superficially enforced" Feb. 1, 2012

No work comp benefits for carjacking injuries

2012-01-31T18:44:07Z

There is no question that a strong workers' compensation defense requires an assertive, even aggressive approach. When evaluating a work comp claim, attorneys must be prepared to examine every aspect of the alleged accident, including dissecting the medical file and deciphering how the accident occurred. Such an approach can ultimately help save employers both time and money.

In fact, a recent case out of New Jersey illustrates how strong case preparation by work comp defense attorneys helped uncover an otherwise undeserving claim.

In the case, an account executive with a Garden State information technology consulting company was claiming that he suffered work-related injuries in a carjacking and was therefore entitled to work comp benefits.

]]> Specifically, the executive claimed that he was on his way to dinner at a local restaurant to meet a prospective client when he decided to stop to purchase a bottle of water.

After purchasing the water and returning to his car, an unknown man entered the car on the passenger side and beat the executive until he was unconscious. Fortunately, the executive regained consciousness shortly thereafter and was able to exit the car before the unknown man sped away in his car -- with his work files and computer.

The executive went to the office the next day and informed his employer of what transpired. He was eventually terminated from his position and sought to secure work comp benefits for injuries associated with the carjacking, a move that his employer challenged.

In an unpublished opinion, the Appellate Division of the New Jersey Superior Court ruled that the executive was not entitled to work comp benefits because the evidence clearly undermined his claim that the injury occurred during the course and scope of his employment.

Specifically, the court found the following evidence to be persuasive:

According to the company's CFO, whenever an employee enters an appointment into their laptop calendar, it is uploaded to the company's primary server. Here, the server had no record of the executive having any meetings on the day of the carjacking.
The executive's immediate supervisor indicated that any dinner meetings with prospective clients required his prior approval. Here, the executive sought no such approval.
The executive's immediate supervisor indicated that the prospective client that executive claimed to be meeting for dinner was already a client and that the executive did not handle this account.
A co-worker indicated that the executive had told him that he was carjacked on his way to a dinner date with friends
The executive made conflicting statements regarding the carjacking

Stay tuned for further developments from our workers' compensation defense blog ...

This post was provided for informational purposes only and is not to be construed as legal advice.

Source:

Risk & Insurance, "Executive's failure to log appointment nixes benefits for carjacking" Jan. 26, 2012

Medical experts recommending unorthodox back pain treatment

2012-01-28T20:40:34Z

As an employer, you are likely familiar with the litany of work injuries that commonly befall your employees, including wrist injuries, foot sprains and, the most common of all, back pain.

While this large number of back injuries in the workforce may be alarming and perhaps even frustrating, it should actually come as no surprise given the gradual shift of many Americans toward a more inactive lifestyle.

"A lot of back pain is due to the fact that we're a sedentary culture," said Matt Pressman, a certified instructor who helps clients with an alternative treatment for back pain. "People sit an average of 14 hours a day ... and the cumulative effect is compressing the vertebrae and putting extra weight [on the spine and neck]."

In fact, the National Institutes of Health (NIH) has identified back pain as one of the nation's most common medical maladies. Specifically, the NIH estimates that eight out of every ten Americans are afflicted with back pain.

]]> Interestingly, medical professionals are now starting to recognize a new treatment for back pain that doesn't involve pain medication, surgery or even physical therapy, but that is credited with alleviating 86 percent of chronic back pain.

Known as the Alexander technique, it is taught by certified instructors such as Pressman, who show patients how to hold and move their skeletal frame in a certain way so as to correct their alignment/posture, thereby alleviating muscle tension and preventing unnecessary physical effort.

In other words, unlike Pilates or yoga, which are focused solely on the stretching/flexing of muscles, the Alexander technique focuses solely on the positioning of the skeletal frame while standing, moving and sitting.

The Alexander technique was developed back in the 1890s by an actor named F. Matthias Alexander as a way of enhancing stage performance before being adapted for treatment purposes.

While some people -- especially employers -- may be understandably dubious, consider the following:

In 2008, the British Medical Journal found that people with back pain who had taken 24 Alexander technique lessons over the course of a single year experienced greater mobility/flexibility and reduced the number of days they felt back pain by 86 percent
In 2011, the medical journal Human Movement Science published a study showing that the Alexander technique helped reduce muscle stiffness in patients with lower back pain
In 2011, Johns Hopkins Medicine recommended the Alexander technique as a form of alternative therapy for chronic back pain

"I know this sounds really weird, but [the instructor] worked on me for an hour and I walked out of here with no pain," said a Florida-based yoga instructor who dealt with chronic back pain for many years. "I didn't know I was holding my back muscles tight because of the way I was standing."

It is worth noting, however, that the Alexander technique is not currently covered by health insurance companies here in the United States.

Stay tuned for further stories on work injuries and workers' compensation defense law ...

This post was provided for informational purposes only and is not to be construed as legal or medical advice.

Source:

The Sun Sentinel, "Age-old Alexander technique a new way to deal with back pain" Jan. 20, 2012

Study: Costs of work injuries, illnesses far exceed those of deadly diseases

2012-01-25T19:48:00Z

A recently released study sponsored by the National Institute for Occupational Safety and Health (NIOSH) and performed by a University of California-Davis public health science professor has made headlines in legal circles for its rather startling revelations concerning the true costs of work injuries and illnesses.

According to Professor J. Paul Leigh -- whose study is published in the latest edition of the Milbank Quarterly -- the true cost of work-related injuries and illnesses is approximately $250 billion per year. While this number is shocking on its own, consider that Leigh also determined that this is approximately $76 billion more than the annual costs associated with diabetes and $31 billion more than the annual costs associated with cancer.

He arrived at these findings by analyzing over 40 datasets provided by various agencies and institutions, including the U.S. Bureau of Labor Statistics (BLS), the Centers for Disease Control and Prevention (CDC), the National Council on Compensation Insurance, and the Healthcare Cost and Utilization Project, to name only a few.

]]> "It's an incredible jigsaw puzzle, but an essential one to assemble, since it's impossible for business and policy leaders to effectively manage healthcare resources or make changes for the better without first having an accurate assessment of costs," said Leigh.

Leigh's analysis -- which centered on work-related injuries and illnesses in the year 2007 -- produced the following findings:

In 2007, there were 8,564,600 non-fatal and fatal work injuries, costing a total of $192 billion
In 2007, there were 516,100 non-fatal and fatal work-related illnesses, costing a total of $58 billion
In 2007, there were 59,102 work-related fatalities, a total that exceeded deaths from prostate cancer (29,093), breast cancer (40,970) and motor vehicle accidents (43,945)

(Here, Leigh determined total costs by multiplying the number of cases of a certain type of work-related injury or illness by its average cost).

Not surprisingly, one of the primary solutions offered by Leigh and his NIOSH counterparts to help lower these costs is the expansion of prevention efforts by both the federal government and various industries.

"[A] study such as this one is important for highlighting the economic burden of occupational illness," said Dr. John Howard, the director of NIOSH. "Gaining a better understanding of the burden helps NIOSH and our partners make the case that preventing work-related injuries and illnesses is part of a wise national strategy for economic recovery and growth. Such data also may inform innovative approaches for building or enhancing corporate safety and health cultures."

Stay tuned for further developments in the area of workers' compensation defense law ...

This post was provided for informational purposes only and is not to be construed as legal advice.

Source:

EHS Today, "Cost of job-related illnesses exceeds costs of all cancers, diabetes and strokes" Jan. 17, 2012

Work comp rates go up 2.8 percent in 2012

2012-01-23T16:36:39Z

Recent reports in the area of workers' compensation defense law reveal a good news/bad scenario for California employers. The bad news? The cost of work comp premiums is going to rise in 2012. The good news? The amount of this rate increase is relatively minor.

According to a released statement by the California Department of Insurance, the top 100 workers' compensation insurance carriers, which together comprise 96.7 percent of the state's work comp insurance market, are increasing their pure premium/base rates by 2.8 percent.

What makes this development significant is that in 2012 the Department of Insurance officially launched a new practice whereby the Insurance Commissioner announces an advisory benchmark for annual work comp rates that insurers can either abide by or disregard.

Specifically, Insurance Commissioner Dave Jones advised work comp carriers to consider charging a premium rate equivalent to $2.30 per $100 of employer payroll back in November.

Based on the 2.8 percent increase in premium rates, the bulk of work comp carriers chose to follow Jones' recommendation.

]]> "This past year we improved the pure premium benchmark process by establishing a benchmark based on what is happening in the market," read Jones' official statement. "In November, I announced the approved advisory pure premium benchmark that would be effective in 2012. A significant number of insurers, representing a significant share of the overall market, are using the approved advisory pure premium rates."

In 2003 and 2004, the State Assembly introduced key reforms to the state's workers' compensation system to cuts costs and reduce the cost of work comp premiums for employers. To that end, the reforms have been successful. In 2003, premium rates were $6.29 for every $100 employer payroll, while in 2008 premium rates were $2.16 for every $100 employer payroll.

Last year, work comp premium rates were $2.37 for every $100 of employer payroll, a reflection of rising medical costs.

Stay tuned for further developments from our workers' compensation defense blog ...

This post was provided for informational purposes only and is not to be construed as legal advice.

Sources:

California Department of Insurance Press Release, "Workers' compensation rate filings indicate that significant number of companies are using insurance commissioner's advisory pure premium rates" Jan. 17, 2012

The Los Angeles Times, "Employers paying a bit more in workers' compensation premiums" Jan. 17, 2012

Combating repetitive stress injuries - II

2012-01-20T20:28:02Z

Employers here in California, and across the nation know full well the toll that repetitive stress injuries (RSIs) can have on a bottom line. They also know that RSIs not only affect productivity, but can also result in widespread absenteeism and increased workers' compensation defense costs.

Consequently, it's important for employers in any and all industries to take the necessary step to prevent RSIs among their workforce.

Today's post will continue the previous discussion, focusing specifically on some potential warning signs of RSIs in the office setting and some simple solutions offered by health experts.

What can you do for employees who are on the phone for extended periods of time and who frequently hunch their shoulders while talking?

Health experts recommend that employers consider purchasing headsets for these employees or allowing them to use the speakerphone option. Either of these steps can eliminate excess strain on the shoulders and neck.

What can you do for employees whose positions require them to place their palms and/or wrists on a hard surface for extended periods of time?

Health experts recommend that employers consider installing wrist guards or other protective padding that can keep pressure off the wrists.

]]> What can you do for employees who must perform large amounts of data entry over the course of the entire workday?

Health experts recommend that employers consider installing the aforementioned wrist guards or other protective padding along with any other necessary equipment, including a proper chair, monitor, footrest, etc. In addition, they also recommend that employers grant these employees frequent breaks/rest periods, and that any overtime be limited (if possible).

What can you do for employees who are required to perform tasks that cause their torso to twist at excessive angles?

Health experts recommend that employers consider a few simple steps, such as purchasing a rotating stool or swivel chair for the employee, providing them with more legroom to work and simply reorganizing their desk/work station to minimize the twisting (if possible).

What can you do for employees who squint or must lean far forward in their chairs to see their monitors?

Health experts recommend that employers either have an ergonomics professional verify the placement of the screen, or recommending that the employee consider an eye exam or enlarging the computer screen imagery.

Stay tuned for further developments from our workers' compensation defense blog ...

This post was provided for informational purposes only and is not to be construed as legal or medical advice.

Source:

Business Management Daily, "Repetitive Stress Injuries: FAQs" Jan. 3, 2012

Combating repetitive stress injuries

2012-01-18T16:01:49Z

Consequently, it's important for employers in any and all industries to take the necessary step to prevent RSIs among their workforce.

What is an RSI?

A publication from the United States Department of Labor's Occupational Safety and Health Administration (OSHA) defines an RSI as follows:

"[R]epetitive stress injuries, comprise more than one hundred different types of job-induced injuries and illnesses resulting from wear and tear on the body. RSIs ... can result any time there is a mismatch between the physical requirements of the job and the physical capacity of the human body. Specific risk factors that can cause RSIs include repetitive motion, force, awkward posture, heavy lifting, or a combination of these factors."

]]> What is the best way to prevent RSIs?

According to health experts, the best way to prevent the onset of RSIs is early detection. However, the problem is that many of the early warning signs of RSIs go undetected by employees.

For example, an employee may routinely deal with a sore knee after work. However, due to the large time interval that has elapsed since they left work, the employee may not make the connection between their sore knee and their job until the damage has already been done.

In light of this fact, experts advise employers to implement certain ergonomic measures designed to combat the onset of RSIs.

What are some of these ergonomic measures to combat RSIs?

While a complete listing and explanation of ergonomic measures to help fight RSIs is clearly beyond the scope of a single blog post, here are a few simple steps recommended by health experts.

Provide employees with regularly scheduled breaks
Provide employees with ergonomically friendly furniture, including computer station supplies (keyboards, monitors, footrests, etc.
Design job duties to avoid or minimize repetitive motions
Provide the necessary mechanical aides (carts, dollies, lifting devices, etc.)
Provide proper training on ergonomics and be responsive to employee complaints of pain/discomfort

To be continued ...

Stay tuned for further developments from our workers' compensation defense blog ...

This post was provided for informational purposes only and is not to be construed as legal or medical advice.

Sources:

Business Management Daily, "Repetitive Stress Injuries: FAQs" Jan. 3, 2012

OSHA, "Preventing Repetitive Stress Injuries" Dec. 1996

Report shows firefighter fatalities declined in 2011

2012-01-12T21:09:26Z

There is little dispute that firefighters have one of the most dangerous professions in all of America. From battling towering wildfires and intense house fires to helping rescue people trapped in car accidents along busy expressways, these heroic men and women are susceptible to all kinds of serious and even fatal work injuries.

In fact, the United States Fire Administration (USFA) -- the agency in charge of "foster[ing] a solid foundation for ... fire and emergency services stakeholders in prevention, preparedness, and response -- recently released its annual report on the number of firefighter fatalities in the U.S.

Here, the report shows that 81 firefighters were killed in the line of duty in 2011, a decrease of roughly seven percent from 2010, in which there were 87 fatal work injuries.

"In 2004 at the initial Life Safety Summit, a number of fire service leaders did not believe we would complete a calendar year with less than 100 firefighter on-duty deaths," said U.S. Fire Administrator Ernest Mitchell. "We broke through that perceived barrier in 2009, 2010, and now in 2011. We salute and congratulate our fire service family and pledge to continue working closely with the entire fire service community and its partners ..."

]]> According to the report, the states with the highest percentage of firefighter fatalities in 2011 were:

Texas (7)
North Carolina (6)
California (4)
Florida (4)
Indiana (4)
Mississippi (4)
New York (4)

The leading causes of firefighter fatalities in 2011 were as follows:

Heart attacks (48)
Trauma (12)
Asphyxiation (6)
Burns (4)

The average age of firefighters killed in the line of duty was determined to be:

Age 41-50 (26)
Age 51-60 (26)
Age 31-40 (12)

Stay tuned for further developments in the area of workers' compensation defense law ...

This post was provided for informational purposes only and is not to be construed as legal advice.

Source:

EHS Today, "On-Duty Firefighter Fatalities Down from 2010: USFA" Jan. 4, 2012

Update: Another U.S. Postal employee facing work comp fraud charges

2012-01-10T16:46:11Z

It is extremely important for all employers -- regardless of size or sector -- to remain hyper-vigilant when it comes to potentially fraudulent and frivolous work comp claims. In particular, one type of employee fraud that employers should constantly be on the lookout for is misrepresentations by an employee concerning the severity or symptoms of their work injury.

To illustrate, consider a case out of Turlock, California, where a federal employee was arrested last April after a federal grand jury handed down a 32-count indictment alleging 30 counts of mail fraud and two counts of workers' compensation fraud.

According to federal authorities, postal employee Karina B. claimed to suffer a serious work injury and applied for federal work comp benefits. As a result of her alleged injury, certain physical restrictions that prevented her from performing her normal job duties went into effect. Specifically, medical professionals advised her not to reach, push, pull or drive for more than 20 minutes at a time.

Interestingly, a subsequent investigation by the U.S. Postal Service Office of Inspector General revealed that from October 2006 to January 2009, Karina B., 44, received work comp benefits to which she was not entitled.

]]> Here, investigators discovered that during the aforementioned time period, Karina B. was engaging in activities - including horseback riding, yard work and driving - that were otherwise prohibited due to the severity of her injury.

(It is worth noting that Karina B. had previously completed questionnaires on a yearly basis confirming her purported disability.)

On Monday, Karina B. was sentenced to one year in prison and three years of supervised release on two counts of federal work comp fraud and four counts of mail fraud. In addition, she was ordered to pay $81,694 in restitution.

She is scheduled to begin serving her federal prison sentence on February 16, 2012.

"Today's sentencing shows that our agency and the U.S. Attorney's Office will not tolerate abuse of the workers' compensation program and violators will be brought to justice," said Special Agent in Charge Nichole Cooper, U.S. Postal Service Office of Inspector General.

Workers compensation fraud/employee fraud is a very serious crime. If you suspect that such a crime has been perpetrated against your organization, you should strongly consider speaking with an experienced workers' comp defense attorney.

This post was provided for informational purposes only and is not to be construed as legal advice.

Source:

KSEE News, "Postal worker gets prison sentence for workers' comp fraud" Jan. 9, 2012

New task force to crack down on California work comp fraud

2012-01-05T16:19:53Z

Multiple government agencies in the state of California are officially joining forces to crack down on the so-called "underground economy," meaning both uninsured employers, and those employers who abuse state employment and work comp laws.

According to news reports, the following government agencies/offices are forming the new Labor Enforcement Task Force: the Department of Industrial Relations, the California Attorney General, District Attorneys in several counties, the Department of Insurance, the State Board of Equalization, the Bureau of Automotive Repair, the Employment Development Department, and the Contractors State License Board.

Here, the participating government agencies/offices will focus a significant degree of their efforts on detecting and prosecuting work comp fraud, including instances where employers fail to obtain work comp coverage or purposely underreport payroll/misclassify employees in an attempt to secure a lower work comp coverage rate.

"Legitimate businesses grow California's economy," said Christine Baker, Dept. of Industrial Relations Director. "They are our economic backbone. This effort is using state resources judiciously in a time of limited funding to allow key agencies to collaborate and direct their best efforts to fight the menace of the underground economy."

]]> For several years, many employers and industry groups in California -- including the California Spa and Pool Industry Education Council -- actively lobbied for legislative action to stem the growth of the underground economy. Some of these efforts included supporting bills calling for the regulation of payment practices by certain employers and the exemptions granted to licensed contractors. However, these efforts ultimately proved unsuccessful.

It is worth noting that Insurance Commissioner Dave Jones has indicated that his office will be leading the charge against work comp fraud and that previous investigations by the Department of Insurance resulted in the arrest of 47 business owners.

If you are an uninsured California employer facing a real problem - prospective fine, prosecution, an employee injury or litigation - there are steps that can be taken to minimize the consequences. In these difficult circumstances, you may want to consider consulting with an experienced legal professional.

This post was provided for informational purposes only and is not to be construed as legal advice.

Source:

The Orange County Register, "California targets underground economy" Jan. 1, 2012

A closer look at foot injuries in the workforce - II

2011-12-26T17:00:32Z

Serious work injuries can cause significant disruptions for employers, including decreased productivity, increased insurance premiums and steep work comp costs. As such, employers will typically do their best to provide safe workplaces that protect their workers from neck, back, knee and other common work-related injuries. While this is laudable, are employers missing another fairly common but equally devastating injury?

Today's post -- the second in an ongoing series -- will briefly explore some solutions to help prevent occurrences of work-related foot injuries/foot pain.

]]> Anti-fatigue mats: As discussed in our previous post, many workplaces now have concrete floors because they are cheaper to install and maintain. However, these floors can be the cause of significant feet injuries, as they provide zero shock absorbency and only minimal resistance.

Medical experts advise that one way to combat this problem is to provide employees who must stand in a stationary position for an extended period of time with anti-fatigue mats. These anti-fatigue mats are designed in such a way -- a cushioned surface of rubber, carpet, vinyl or wood -- that they decrease pressure on the feet and legs.

Shoe insoles: While anti-fatigue mats can help stationary workers, they provide little relief to those employees who stand for extended periods of time while rotating among tasks. In fact, they can even present a tripping hazard to these employees.

Here, medical experts advise employers to consider providing these mobile employees with shoe insoles. These rather simple devices have been shown to absorb shock and help prevent bone/joint degeneration over time. However, it's imperative that the type of shoe insole provided is appropriate for the employee in question.

Preventative stretching: In addition to shoe insoles and/or anti-fatigue mats, employers may want to consider providing their employees with guidance/training on proper preventative stretching techniques.

According to medical experts, these foot stretches -- performed in the morning and at lunch -- can keep feet warmed up and ready for the stress of the workday. In addition, stretching the feet after work can help reduce swelling and invigorate them for the next day.

Stay tuned for further developments in the area of workers' compensation defense law ...

This post was provided for informational purposes only and is not to be construed as legal or medical advice.

Source:

EHS Today, "Preventing foot pain in the work force" Nov. 17, 2011

San Francisco Fire Department appealing Cal OSHA fines

2011-12-20T17:00:35Z

Most stories discussing serious work injuries seem to inevitably involve private sector employers who have failed to take the necessary steps to ensure the safety of their employees and who are now facing potential violations from the California Division of Occupational Safety and Health (Cal/OSHA). However, it's important to remember that private sector employers are not the only ones who may be issued Cal/OSHA violations. Public sector employers may also be cited by the state agency.

To illustrate, consider a recent case out of the Bay Area involving the San Francisco Fire Department and a tragic accident that resulted in the death of two firefighters.

Back on the morning of June 2, 2011, firefighters with Engine 26 of the San Francisco Fire Department responded to a call of a house fire in a surrounding neighborhood.

Upon arriving at the scene, two firefighters -- Lt. Vincent P. and Anthony V. -- entered the front door of the burning multi-level home, reporting to fire crew members stationed outside that the fire appeared to be relatively small in size.

However, as the two men went to the lower levels of the home, the fire suddenly grew, leading to their tragic demise.

]]> In the aftermath of this unfortunate incident, an investigation was launched by Cal/OSHA to determine if any violations took place.

Upon completing the investigation, the agency announced earlier this month that it was issuing the San Francisco Fire Department four citations -- three of which were labeled as "serious" -- totaling $21,000.

Some of the alleged violations included:

Fire crew members stationed outside the home failed to maintain contact with both Lt. Vincent P. and Anthony V.
A battalion chief entered the home and neglected to maintain contact with both Lt. Vincent P. and Anthony V.
The fire department failed to assign at least two firefighters stationed outside the home with rescue/assistance duties

"It would have really created an environment where all involved would have known exactly where the hazards were, what was going on at any given time, and it could have resulted in a different response," said Dean Fryer, a Cal/OSHA spokesperson.

The San Francisco Fire Department has already indicated that it will appeal/contest the Cal/OSHA citations, while the firefighter's union claims there is evidence showing that none of the alleged violations occurred.

"They have the documentation of the radio transcripts, with the times of each radio transmission was made," said Tom O'Connor of the San Francisco Firefighter's Union. "You have video footage from neighbors with time stamps on the bottom, so you can track the radio transmissions with growing fire."

Stay tuned for further developments on this story from our workers' compensation defense law ...

This post was provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

ABC -7, "Cal OSHA fines SFFD over deadly June response" Dec. 3, 2011

Feds relying more on video surveillance in work comp fraud cases

2011-12-15T16:19:47Z

There is no disputing that employee fraud -- in the form of falsely applying for and receiving work comp benefits -- costs private employers here in California, and across the U.S. millions of dollars each year. However, the fallout from this work comp fraud is not just limited to the private sector. In fact, federal agencies are constantly struggling with the issue and many are now resorting to time-tested methods of catching fraudulent behavior.

According to recent reports by the Government Accountability Office (GAO) -- the self-proclaimed investigative arm of Congress -- at least half a dozen federal agencies are using undercover video surveillance as a work comp fraud control.

One agency in particular that has utilized video surveillance is the U.S. Postal Service's Office of the Inspector General. In fact, the office informed congress in a recent report that its work comp fraud investigations -- which rely heavily on video surveillance -- saved the agency $65 million from April 1, 2010 to September 30, 2010, and resulted in 19 arrests and 60 personnel actions (i.e., terminations, suspensions, etc.).

]]> Some of the instances of employee fraud caught by the U.S. Postal Service's Office of the Inspector General via video surveillance include:

A letter carrier in Michigan who was collecting work comp benefits was observed "bending, twisting, weightlifting and performing various activities beyond her stated disabilities."
Husband and wife postal workers in North Carolina who were collecting work comp benefits for injuries that prohibited them from sitting for more than 15 minutes at a time were observed driving, gambling and mowing the lawn.

While the GAO has indicated in its reports to congress that these types of comprehensive investigations "can help deter future fraud and ultimately save money," they also found that they can prove to be expensive, time-consuming and a drain on resources.

Furthermore, the "limited resources" of federal prosecutors were also found to sometimes be a roadblock to prosecuting work comp cases involving less than $100,000.

Still, it appears as if federal agencies will continue to remain on the lookout for possible work comp fraud, responding to tips and conducting video surveillance of public locations.

Stay tuned for further developments in the area of workers' compensation defense law ...

This post was provided for informational purposes only and is not to be construed as legal advice.

Source:

The Washington Times, "Feds use video surveillance to catch fraud for workers' comp" Dec.

A closer look at foot injuries in the workforce

2011-12-13T17:33:20Z

There is no question that serious work injuries can cause significant disruptions for employers, including decreased productivity, increased insurance premiums and steep work comp costs. As such, employers will typically do their best to provide safe workplaces that protect their workers from neck, back, knee and other common work-related injuries. While this is laudable, are employers missing another fairly common but equally devastating injury?

According to medical experts, workers in all fields are susceptible to foot injuries. While this may not seem like a particularly pressing problem, these medical experts point out that an employee experiencing serious foot pain can be understandably distracted, causing their productivity to suffer and their likelihood of being involved in a workplace accident to skyrocket. Furthermore, employees suffering from a foot injury are more susceptible to suffering knee, back or hip injuries because they end up "favoring" their hurt foot.

Today's post -- the first in an ongoing series -- will briefly explore some of the causes of work-related foot injuries/foot pain.

]]> Stationary standing positions: According to medical experts, one of the more common causes of serious foot pain for employees is having to stand in a stationary position for an extended period of time. Here, standing still for a prolonged period can cause fatigue and soreness in the foot muscles as the blood supply to the lower extremities decreases. Similarly, standing for an extended period of time can lead to painful varicose veins caused by blood accumulation in the feet and legs, as well as both joint degeneration and bone misalignment.

Mobile standing positions: Similarly, employees who stand for extended periods of time while rotating among tasks are susceptible to foot pain. Even though these employees are able to stretch their legs/feet by moving, they still place significant pressure on their heels/balls of their feet, a scenario that can lead to the development of plantar fasciitis.

Age: Older employees are remaining in the workforce longer now thanks to our nation's poor economy. However, these older employees -- especially those required to stand for extended periods of time -- are more prone to foot pain as ligaments, tendons and fascia lose elasticity, shock absorbency in their feet decreases, and overall range of motion becomes more limited.

Floors: Another common cause of foot pain/foot injuries is the floor surface. Experts indicate that many workplaces now have concrete floors because they are cheaper to install and maintain. However, concrete floors can be particularly unforgiving to feet as they provide zero shock absorbency and only minimal resistance.

To be continued ...

Stay tuned for further developments in the area of workers' compensation defense law ...

This post was provided for informational purposes only and is not to be construed as legal or medical advice.

Source:

EHS Today, "Preventing foot pain in the work force" Nov. 17, 2011

Wife of Orange Co. contractor sentenced in work comp fraud case

2011-12-08T19:32:32Z

In a previous workers' compensation defense post, we reported on how a Laguna Hills couple was facing a multitude of criminal charges for orchestrating what the Orange County District Attorney's Office called one of the largest work comp fraud schemes in California history.

Specifically, prosecutors alleged that Michael Vincent P., 52, along with his wife Devon Lynn K., 46, owned three roofing/general contracting businesses, and engaged in a complex pattern of fraudulent practices regarding work comp premiums and work comp claims.

Specifically, prosecutors claimed that the couple:

Submitted 42 fraudulent workers' compensation claims, resulting in substantial losses for the state of California
Reported only $3 million in payroll to the State Compensation Insurance Fund while the actual payroll was closer to $32 million, an action that resulted in million dollar losses for the state of California

Michael Vincent P. and Devon Lynn K. were eventually arrested in April 2009 following a lengthy investigation. After executing a search warrant, law enforcement officials discovered a multitude of luxury items, including over $500,000 worth of jewelry, several expensive automobiles, and high-priced handbags and shoes.

They also found an application for Devon Lynn K. to appear on the Bravo Network's "Real Housewives of Orange Country" reality TV program.

]]> Michael Vincent P. was convicted of 33 felony counts of insurance fraud back in 2010 and sentenced to ten years in prison. In addition to the incarceration, he was ordered to pay multiple fines, including $500,000 in restitution to the state insurance fund.

In recent developments, Devon Lynn K. -- who pleaded guilty to over 70 felony counts in April -- was sentenced to ten years probation last Wednesday.

Here, the court considered multiple factors in handing down Devon Lynn K.'s sentence, including her two years already served in county jail while her case was pending, her aforementioned guilty plea, and the fact that her husband was equally responsible for the crimes committed.

In addition to the probation, Devon Lynn K. was ordered to pay $1.5 million in restitution to the Franchise Tax Board, $1.3 million in restitution to the Employment Development Department and an as yet-to-be determined amount to the state insurance fund.

"I thought it was a fair sentence given her involvement," said Devon Lynn K.'s attorney. "She'll be dependent on the kindness of all her friends while she's trying to get back on her feet and trying to make the restitution."

Stay tuned for further developments from our workers' compensation defense blog ...

This post was provided for informational purposes only and is not to be construed as legal advice.

Source

The Orange County Register, "Woman who wanted to be on 'Real Housewives' sentenced" November 30, 2011