Flotation tanks help relieve stress, pain and tension

 

In 1954 while working at the National Institute of Mental Health, Neuroscientist John C. Lilly developed a sensory-deprivation flotation tank in order to discover what would happen to the brain if it was deprived of as much stimulation as possible. According to Susan Jacobson, writer for the Orlando Sentinel, “The process works like this: A client enters a soundproof private room, disrobes, showers and lies supine in 150 gallons of skin-temperature water.” The tank water is mixed with 1,000 pounds of Epson salts, which keep the patient afloat.

Lilly’s main concern with the flotation tanks was that the brain might shut down. What he found was that rather than shutting off, the brain enters a dream-like state of mind, which relieves anxiety, improves creativity, and helps ease symptoms from many medical conditions.

Some patients struggling with stress, insomnia, and physical pain have been able to find relief from their symptoms through flotation exercises. The freedom and focus patients get inside the tank creates a deep relaxation that has attracted clients ranging from athletes to business professionals. These tanks are no miracle cure, but to those who do get relief it may seem that way.

 

Original article about flotation by Susan Jacobson in the Orlando Sentinel

Reposted in News & Observer 1/26/15 – see the full article here:

http://www.newsobserver.com/2015/01/26/4505676/using-flotation-tanks-to-wash.html

How Companies Like Walmart Are Fighting to Keep Workplace Injuries Secret

Today’s post was shared by Mother Jones and comes from www.motherjones.com

Andrew Francis Wallace/ZUMA

Nearly four years ago, while lifting pallets of blankets during an overnight stocking shift at Walmart, Barb Gertz began to notice a dull pain in her arms. She kept on lifting and stocking, but by the time her lunch break rolled around she could no longer raise her arms. Her doctor told her she had tendinitis in her biceps, and that it was most likely caused by her job. Walmart disagreed. The retailer contested Gertz’s workplace-injury claim—and won.

If Gertz had worked in a factory, she could have bolstered her case with evidence from the Occupational Safety and Health Administration’s national database of manufacturing workplace injuries. But no such database exists for retail workers like Gertz. A new regulation that OSHA is scheduled to finalize this year would change that. OSHA wants to create a public database of workplace injury and illness data from all industries, not just manufacturing. This would help workers, the government, researchers, and journalists identify companies with safety problems. But the trade groups that represent some of America’s biggest chains—including Walmart, Target, and McDonald’s—are fighting back hard.

The National Retail Federation—a group that represents Walmart, McDonald’s, and The Container Store—spent $2.4 million lobbying on this measure and other issues between January and September of last year. In a letter to OSHA last March, the group complained that the rule would require…

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Nearly all respirable coal dust samplings comply with new mine dust rule

End Black Lung Now

Today’s post was shared by US Labor Department and comes from www.dol.gov

News Release

Dust levels in underground coal mines continue to trend downward with new low in 2014

ARLINGTON, Va. — Chester Fike was just in his 30s when he was diagnosed with black lung. As the disease progressed, the West Virginia coal miner was eventually so incapacitated that a simple walk with his family was impossible. In the summer of 2012, four months after a double lung transplant raised hopes for a second chance, Fike lost his fight for life at 60.

In an effort to spare others the same fate, the Mine Safety and Health Administration published a final rule, which took effect in August 2014, to lower miners’ exposure to respirable coal mine dust in all underground and surface coal mines. From Aug. 1 through Dec. 31, 2014 — the first phase of the rule — more than 23,600 dust samples have been collected, and results show that about 99 percent of samples are in compliance. Since MSHA launched its "End Back Lung — Act Now" campaign in 2009, the yearly average of respirable dust levels of designated mining occupations in underground coal mines has fallen every year and, in 2014, reached the lowest level ever recorded.

"These results show that the new dust rule is working, and miners should be breathing cleaner air at coal mines," said Joseph A. Main, assistant secretary of labor for mine safety and health. "Despite concerns from some in the mining industry, most of the valid samples collected have met compliance levels….

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Coach K’s struggle with chronic pain

Duke Basketball Coach Mike Krzyzewski

Duke Basketball Coach Mike Krzyzewski has struggled with back pain

If you are a fan of college basketball, you probably know the accomplishments of Coach Mike Krzyzewski, who has led Duke University’s men’s basketball program for 35 years, including 4 national championships. What you might not know is that Coach K struggled with chronic back pain that culminated in a personal crisis twenty years ago, and a recent news article by Barry Jones for the News & Observer tells the story.

Coach K had back surgery for a ruptured disk in October of 1994 and was so eager to return to work that he didn’t take the necessary time to recover and he returned to work too soon. As his wife, Mickie, recounted, “Getting well was worse for him than being sick because he felt he had deserted his men.” She even had to give him an ultimatum: skip practice and see the doctor or don’t come home. In fact, his struggle got so bad that he decided to resign. Luckily, the athletic director convinced Coach K to take a leave of absence instead. “One of the things we’ve learned is the emotional toll that chronic pain takes. It just completely changes everything,” said Mickie.

Chronic pain can be devastating, physically and emotionally, and if it can take down Mike Krzyzewski and his family, imagine what it can do to the average working person. Employers, physicians and the injured employee should follow his eventual lead: listen to your body and get proper rest; don’t return to work sooner than you should; and don’t try to be superman.

2014 Top Ten Workers’ Compensation Fraud Cases

Number Value
Non-Employee Fraud Cases 9 $ 74,876,000.00
Employee Fraud Cases 1 $ 450,000.00
Total $ 75,326,000.00

Five of the top ten fraud cases in 2014 are from California. The other five cases are from Florida, Texas, Arizona, Washington and Georgia. As usual, non-employee fraud cases dominated the list and the dollar amounts are staggering, led by the $36 million over-billing case out of southern California. An emerging issue is the misclassification of workers, and we will likely see more of these cases in 2015 as enforcement steps up in this area.

1. (California) Medical Equipment Company Overbills $36 Million (3/17/14)

The owners of Aspen Medical Resources were indicted in on 49 felony counts of fraud.

The owners of Aspen Medical Resources were indicted in on 49 felony counts of fraud.

The owners of Aspen Medical Resources had all their assets seized and put into receivership by the Orange County District Attorney. They were indicted in on 49 felony counts of fraudulent overbilling of $36 million for hot-cold physical therapy machines. Although these machines retail between $250 and $500 Aspen often billed Southern California workers’ compensation claims departments thousands of dollars each time a machine was rented.

 

2. (California) 15 Medical Professionals Indicted in $25 Million Scheme – Small Child Dies (6/24/14)

Ahmed Kareem, one of 15 doctors accused of participating in a workers’ compensation scam.

Dr. Ahmed Kareem   is accused of participating in a workers’ comp scam.

Fifteen doctors, pharmacists and other medical professionals in Southern California were charged in a $25 million workers’ compensation scam which was linked to the death of a baby. Prosecutors alleged insurance fraud and conspiracy in the 44 count indictment which detailed that the head of a workers’ compensation claims management firm hired pharmacists to produce a pain-relief cream and then gave kickbacks to the doctors that prescribed it and conspired to submit phony claims. A 5-month old boy ate the cream and died when his mother, who was using the prescribed cream for back and knee pain, allowed her son to suck her fingers to sooth him. The next morning he was found dead and tests showed he had ingested lethal amounts of drugs in this cream.

 

 

3. (California) Lowe’s Settled Independent Contractor Misclassification Case for $6.5 Million (7/3/14)

Lowe’s misclassified its installers as independent contractors, rather than employees.

Lowe’s misclassified its installers as independent contractors, rather than employees.

Over 4,000 “Lowe’s professionals” in California are members of a class action alleging that Lowe’s misclassified its installers as independent contractors, rather than employees, thus depriving them of a variety of employee benefits, from workers’ compensation insurance coverage to 401(k) plan participation. Lowe’s, without admitting liability, recently settled the case after mediation for a sum that could be as much as $6.5 million. The plaintiffs claimed that Lowe’s retained and exercised control over their work by requiring them to identify themselves as working for Lowe’s, wear Lowe’s hats and shirts, and attend training by Lowe’s.

 

4. (California) Paving Company Cheats System of $4 Million (6/19/14)

Sabas & Lucia Trujillo

Sabas & Lucia Trujillo face criminal charges for workers’ comp’ fraud.

Five owners (Sabas Trujilo, Lucia Trujilo, Rick Trujilo, Laura Fitzpatrick and Alex Trujilo), operators and employees of a Corona, California based paving company are facing criminal charges for alleged wage theft, premium fraud, workers’ compensation and payroll fraud. The Riverside County District Attorney’s Office alleges that the individuals’ criminal actions enabled them to illegally obtain about $4 million. After launching an investigation, the state obtained search warrants for both companies, seizing computers and bank, payroll and other documents. The state conducted several wage audits on several hundred projects, which ultimately led to the filing of criminal charges.

 

5. (Florida) False Insurance Certificates Check Cashing Scheme Defrauds Insurance Company of $1 Million (11/18/14)

Arturo Santos Zuniga paid laborers cash to avoid paying workers' comp'.

Arturo Santos Zuniga paid laborers cash to avoid paying workers’ comp.

Arturo Santos Zuniga, who also went by the name David Hernandez, was busted for paying laborers in cash to avoid paying workers’ compensation insurance premiums. Zuniga paid a North Lauderdale man to create and insure a fake or “shell” company, Behar Services Incorporated, and “rented” out insurance certificates to uninsured subcontractors in South Florida. Payments to the uninsured subcontractors were made through checks to the fake company, which were then cashed at check cashing stores. Behar Services Incorporated got its insurance policy by saying it had 10 employees doing carpentry and office work with an annual payroll of $210,000. The annual premium was about $26,500. Law enforcement financial reports show that just in the months from July to October, more than $7.3 million had been cashed out at check cashing stores to Behar Services Incorporated and/or the North Lauderdale man who started the company. A $7.3 million payroll would have cost more than $1 million more than the existing policy. No estimate of lost tax revenue was given.

 

6. (Texas) Man to Pay $806,000 for Underreporting Payroll to Workers’ Comp Carrier (3/11/14)

Howard Douglas Whiddon of Travis County was ordered to pay $806,000 in restitution.

Howard Douglas Whiddon was ordered to pay $806,000.

Howard Douglas Whiddon was ordered to pay $806,000 in restitution to workers’ compensation insurer Texas Mutual Insurance Co. after pleading guilty to workers’ comp fraud-related charges. He intentionally misrepresented the payroll of a related company, thus lowering his premiums. Mr. Whiddon was sentenced by a Travis County, Texas court to 10 years of deferred adjudication and 160 hours of community service.

 

7. (Arizona) Paul Johnson Drywall Inc. Agreed to Pay $600,000 in Back Wages, Damages and Penalties to 445 Employees (5/19/14)

Paul Johnson Drywall Inc. classified its workers as “members/owners” instead of employees.

Paul Johnson Drywall Inc. classified its workers as “members/owners” instead of employees.

Paul Johnson Drywall Inc. classified its workers as “members/owners” instead of employees, which stripped them of workers’ compensation and other protections afforded to employees. The owner, Robert Cole Johnson agreed to take concrete steps to ensure that misclassification of its workforce does not occur again and to pay $556,000.00 in overtime back wages and liquidated damages to at least 445 current and former employees. The employer also agreed to pay $44,000.00 in civil monetary penalties. Investigators found that the drywall contractor violated the Fair Labor Standards Act overtime and record-keeping provisions.

8. (Washington) Summit Drywall, Inc. Ordered to Pay $550,000 in Unpaid Wages and Damages to 384 Workers (2/20/14)

The owner of Summit Drywall, Inc. was ordered to pay damages to 384 employees.

Summit Drywall’s owner was ordered to pay damages to employees.

Thomas Kauzlarich, the owner of Summit Drywall, Inc. was ordered to pay $550,000 in overtime back wages and liquidated damages to 384 current and former employees. An investigation showed that the company violated the Fair Labor Standards Act’s overtime and record-keeping provisions from October 15, 2009 to April 15, 2013. The article did not report the amount of reduced workers’ compensation premiums paid.

 

 

9. (Georgia) Nurse Gets 5 Years in Prison for $450,000 Bogus Workers’ Comp Claims (8/26/14)

A VA nurse from Glenwood, GA, will serve five years in prison for mail fraud and fraudulent claims.

A VA nurse from Glenwood, GA, will serve five years in prison for mail fraud and mailing fraudulent claims.

Loretta Smith, a VA nurse from Glenwood, GA, will serve five years in prison and must repay $450,000.00 in federal funds by filing bogus workers’ compensation claims, pleading guilty to two counts of mail fraud in the mailing of fraudulent claims, in which she received more than $450,000.00. She agreed to forfeit the equivalent of $454,740.06 in cash, real estate and other property. She was also sentenced to three years probation after her release.

 

10. (California) Drywall Company Owners Arraigned on $420,000 in Fraud Charges (12/11/14)

The owners of a defunct drywall company, National Drywall in San Bernardino, CA, were arraigned on charges that they defrauded their workers’ compensation insurance carrier of $260,000.00 and stole $160,000.00 from their workers.

 

Honorable Mention – (Oregon) Uncooperative Hillsboro Businessman Convicted of $481,519 Tax Evasion – Only Gets 30 Days In Jail (9/30/14)

Stephen Nagy engaged in fraudulent schemes to evade payment of payroll taxes.

Stephen Nagy engaged in fraudulent schemes to evade payment of payroll taxes.

Stephen Nagy was the former president of Hillsboro-based S&S Drywall Assemblies. The IRS assessed the company $481,519 in federal employment taxes, penalties and interest between June 2009 and September 2010. Nagy met with the IRS and chose not to comply with the payment plan and engaged in a variety of interrelated fraudulent schemes to evade the payment of the delinquent payroll taxes. Nagy intimidated, manipulated, and threatened the loss of much needed jobs to gain the cooperation of his employees. Special agents of the IRS learned that Nagy had transferred all of S&S Drywall Assemblies income, contracts, receivables and assets to ASM Drywall, Inc. a shell company he created and placed in his sister’s name. The Oregon attorney general prosecuted Nagy in 2011 on allegations of criminal anti-trust and racketeering. He was sentenced to 30 days in jail and five years of supervised probation.

For more information, contact:
Leonard T. Jernigan, Jr.
Adjunct Professor of Workers’ Compensation
N.C. Central University School of Law

The Jernigan Law Firm
2626 Glenwood Avenue, Suite 330
Raleigh, North Carolina 27608
(919) 833-0299
neb@jernlaw.com
www.jernlaw.com
@jernlaw
Blog: www.ncworkcompjournal.com

New York State Department of Health Completes Review of High-volume Hydraulic Fracturing

Today’s post was shared by Gelman on Workplace Injuries and comes from www.health.ny.gov

Acting DOH Commissioner Zucker Recommends Activity Should Not Move Forward in New York State

DEC Commissioner Martens Will Issue a Findings Statement Early Next Year to Prohibit High-Volume Hydraulic Fracturing

The state Department of Health has completed its public health review of high-volume hydraulic fracturing (HVHF) and Acting DOH Commissioner Dr. Howard Zucker recommended that high-volume hydraulic fracturing should not move forward in New York State. Dr. Zucker announced his findings and recommendations today at a Cabinet Meeting in Albany.

“I have considered all of the data and find significant questions and risks to public health which as of yet are unanswered,” said Dr. Zucker. “I think it would be reckless to proceed in New York until more authoritative research is done. I asked myself, ‘would I let my family live in a community with fracking?’ The answer is no. I therefore cannot recommend anyone else’s family to live in such a community either.”

In 2012, Department of Environmental Conservation (DEC) Commissioner Joe Martens asked the DOH Commissioner to conduct a review of the draft Supplemental Generic Environmental Impact Statement for High-Volume Hydraulic Fracturing (SGEIS). Dr. Zucker’s report fulfills that request.

As a result of Dr. Zucker’s report, Commissioner Martens stated at the Cabinet Meeting today that he will issue a legally binding findings statement that will prohibit HVHF in New York State at this time.

“For the past six years, DEC has…

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Florida has a Large Percentage of Medicare’s top “Controlled-Drug” Prescribers

Today’s post was shared by Gelman on Workplace Injuries and comes from flojcc.blogspot.com

Today’s post is authored by Judge David Langham and shared from flojcc.blogspot.com/

A story was recently published on the WUSF website, Health News Florida. It says that the “prolific prescribers” of some medications are facing “Medicare scrutiny.”

A chart in the story reflects the distribution of 192 top prescribing medical providers in 12 states. Of these, 52, or 27% are located here in the Sunshine State. 

The article notes that in 2012, “Medicare covered nearly 27 million prescriptions for powerful narcotic painkillers and stimulants with the highest potential for abuse and dependence.” 

Despite efforts at addressing narcotic use, the article notes that this was a “9 percent” increase compared to 2011. 

Thankfully, though Florida has the largest volume of providers represented in this chart, the top prescriber is not in Florida. Dr. Shelinder Aggarwal of Huntsville, Alabama has that distinction. He prescribed “more than 14,000 Schedule 2 prescriptions in 2012.” This amounted to “more than 80 percent of his Medicare patients” receiving “at least one prescription for a Schedule 2 drug, in many cases oxycodone.”Apparently he is no longer a physician, the article notes he “surrendered his medical license” in 2013. 

The prescription practices are a “real area of concern” for the federal Centers for Medicare and Medicaid Services, according to the director, quoted in the article. 

The article suggests that data in existing resources can…

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Health Care Testing: A New Frontier for Worker’s Comp

Today’s post comes from guest author Thomas Domer, from The Domer Law Firm.

As a worker’s compensation lawyer, I see many news stories through the prism of how the news event or trend will affect injured workers in the worker’s compensation system. A federal judge in Minnesota has ruled that Honeywell, Inc. can begin penalizing workers who refuse to take medical or biometric tests. 

The EEOC had claimed Honeywell’s policy violated the Americans With Disabilities Act and the Genetic Information Nondiscrimination Act. They filed a lawsuit in Minneapolis on behalf of two Minnesota employees of Honeywell.

The tests Honeywell required their employees to take measured blood pressure, cholesterol, and glucose, as well as signs that employee had been smoking. Employees who declined to take the test could be fined up to $4,000 in surcharges and increased health costs. Honeywell said the program is designed to “encourage employees to live healthier lifestyles and to lower health care costs.” Honeywell says the testing promotes employee well-being. Management also indicated “We don’t believe it’s fair to the employees who do work to lead healthier lifestyles to subsidize the healthcare premiums for those who do not.”

The ramifications of such testing for worker’s compensation immediately come to mind. In any kind of an occupational exposure claim, such tests could be used to help deny worker’s compensation claims for employees who smoke, are overweight, have diabetic condition, claims involving occupational back conditions, carpal tunnel claims, and any kind of respiratory complaints. Another “slippery slope” may be the use of these kinds of testing to actually screen prospective employees, since the employer rationale would be that hiring folks with those pre-existing conditions would cost the employer more money.