SCOTUS FL-Stahl : Petition Denied

The United States Supreme Court DENIED the petition in the matter of Stahl v Hialeah raising constitutional issues in the present workers' compensation system in Florida. The Florida program mirrors trending aspects of other state programs that have also been questioned on constitutional grounds.


No. 16-98
Title:
Daniel Stahl, Petitioner
v.
Hialeah Hospital, et al.

Docketed: July 21, 2016
Lower Ct: District Court of Appeal of Florida, First District

Case Nos.: (1D14-3077)
Decision Date: March 25, 2015
Rehearing Denied: April 14, 2015
Discretionary Court
Decision Date: April 28, 2016

~~~Date~~~  ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~ Jul 19 2016 Petition for a writ of certiorari filed. (Response due August 22, 2016)  Aug 3 2016 Order extending time to file response to petition to and including September 21, 2016.  Aug 16 2016 Brief amicus curiae of Workers' Injury Law & Advocacy Group filed.  Aug 22 2016 Brief amicus curiae of Florida Chapter of National Employment Lawyers Association filed.  Aug 22 2016 Brief amici curiae of Police Benevolent Association (PBA), et al. filed.  Sep 21 2016 Brief of respondents Hialeah Hospital, et al. in opposition filed.  Oct 4 2016 Reply of petitioner Daniel Stahl filed. (Distributed) Oct 5 2016 DISTRIBUTED for Conference of October 28, 2016. Oct 13 2016 Supplemental brief of petitioner Daniel Stahl filed. (Distributed) Oct 31 2016 Petition DENIED.

Case Below: Florida Supreme Court DocketCase Number: SC15-725 - Active DANIEL STAHL vs. HIALEAH HOSPITAL, ET AL.Lower Tribunal Case(s): 1D14-3077, 04-022489

Updated: Mon 10/31/2016

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CMS Town Hall Conference - Coordination of Benefits & Recovery for Liability Insurance (including Self-Insurance), NoFault Insurance and Workers’ Compensation

Town Hall Teleconference– November 17, 2016 
Coordination of Benefits & Recovery for Liability Insurance (including Self-Insurance), NoFault Insurance and Workers’ Compensation

On November 17, 2016, CMS will host a teleconference to connect with stakeholders and provide status updates. CMS expects to discuss the following topics:

• Ongoing Responsibility for Medicals (ORM) recovery, 
• Final Conditional Payment (CP) process reminders, 
• Medicare Secondary Payer Recovery Portal (MSPRP) improvements.

CMS staff and representatives from the Commercial Repayment Center (CRC) will participate. If time permits, CMS will respond to questions submitted to the email address listed below.

Date: November 17, 2016
Call-in time: 1:00pm-2:30pm EST Participation is by telephone only.
Call-in line: (800) 603-1774 Pass Code: 987659

Please begin dialing in approximately 5-10 minutes before the call start time.

Questions for the call: Please submit questions or comments to: COBR-NGHP-Comments@cms.hhs.gov

Employer-reported injury and illness rate declined to 3.0 cases per 100 workers in 2015

Employer-Reported Workplace Injuries and Illnesses – 2015 There were approximately 2.9 million nonfatal workplace injuries and illnesses reported by private industry employers in 2015, which occurred at a rate of 3.0 cases per 100 equivalent full-time workers, the U.S. Bureau of Labor Statistics reported today. (See tables 1 and 2.) The 2015 rate continues a pattern of declines that, apart from 2012, occurred annually for the last 13 years.

 Private industry employers reported nearly 48,000 fewer nonfatal injury and illness cases in 2015 compared to a year earlier, according to estimates from the Survey of Occupational Injuries and Illnesses (SOII). Because of this decline, combined with an increase in reported hours worked, the total recordable cases (TRC) incidence rate fell 0.2 cases per 100 full-time workers. The fall in the TRC rate was driven by a decline in the rate of cases involving days away from work (DAFW) and other recordable cases (ORC)—each falling 0.1 cases—as the rate for cases of job transfer or restriction only (DJTR) has remained at 0.7 cases since 2011.

The latest Occupational Injuries and Illnesses (Annual) news release has been posted on the BLS website at http://www.bls.gov/news.release/pdf/osh.pdf and also archived at http://www.bls.gov/news.release/archives/osh_10272016.pdf.

US Department of Labor Urges Major Changes in the Nation's Workers' Compensation System

As The Path to Federalization of the US workers' compensation system broadens, the US Department of Labor has published a report urging expansion of the Federal role in reforming the entire patchwork of state systems. As the Presidential Election Cycle moves ahead, the ultimate outcome will impact the the nation's struggling workers' compensation scheme. Based on historical statements both "Hillarycare" or "Trump Medical," (lead by his advisor, Former Speaker Newt Gingrich,  will focus on this issue. See  my prior blog posts below.


"State-based workers’ compensation programs provide critical support to workers who are injured or made sick by their jobs. These programs are a key component of the country’s social benefit structure and of occupational safety policy, and the only major component of the social safety net with no federal oversight or minimum national standards. This Report provides an introduction to these programs, but it also sounds an alarm: working people are at great risk of falling into poverty as a result of workplace injuries and the failure of state workers’ compensation systems to provide them with adequate benefits. 

"Despite the sizable cost of workers’ compensation, only a small portion of the overall costs of occupational injury and illness is borne by employers. Costs are instead shifted away from employers, often to workers, their families and communities. Other social benefit systems – including Social Security retirement benefits, Social Security Disability Insurance (SSDI), Medicare, and, most recently, health care provided under the Affordable Care Act – have expanded our social safety net, while the workers’ compensation safety net has been shrinking. There is growing evidence that costs of workplace-related disability are being transferred to other benefit programs, placing additional strains on these programs at a time when they are already under considerable stress. As the costs of work injury and illness are shifted, high hazard employers have fewer incentives to eliminate workplace hazards and actually prevent injuries and illnesses from occurring. Under these conditions, injured workers, their families and other benefit programs effectively subsidize high hazard employers......” 

"'If you work hard in America, you have the right to a safe workplace. And if you get hurt on the job, or become disabled or unemployed, you should still be able to keep food on the table.” –President Barack Obama

Click here to read the complete US Department of Labor Report.

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Asbestos: Kaiser Gypsum files for Bankruptcy Protection

Former asbestos manufacturers, Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc., have filed for bankruptcy protection. Kaiser Gypsum Company is a former manufacturer of building products, including drywall, joint compounds and cements. US Bankruptcy Court Western District of North Carolina, Case 16-31602 Filed 09/30/16
 .