[net-gold] [Workers' Compensation] Designing the New Federal Workers Compensation Program

From: "David P. Dillard" <jwne@xxxxxxxxxx>
To: Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, "Net-Gold @ Nabble" <ml-node+3172864-337556105@xxxxxxxxxxxxx>, K12ADMIN@xxxxxxxxxxxxxxxxxxx, net-gold@xxxxxxxxxxxxx, NetGold <netgold@xxxxxxxxxxxxxxx>
Date: Tue, 6 Jul 2010 14:03:48 -0400 (EDT)

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Date: Mon, 5 Jul 2010 06:25:26 -0700 (PDT)
From: Jon L. Gelman <jon@xxxxxxxxxxx>
Reply-To: Net-Gold@xxxxxxxxxxxxxxx
To: net-gold@xxxxxxxxxxxxxxx
Subject: [Net-Gold] [Workers' Compensation] Designing the New Federal Workers
    Compensation Program

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[Workers' Compensation]
Designing the New Federal Workers Compensation Program

The trend toward Federalization of
workers’ compensation benefits took
a giant step forward by recent Presidential
action creating the British Petroleum Oil
Compensation Fund. While the details remain
vague, the broad and sweeping concept of
inclusiveness is more than obvious.

This is not a surprising turn of events.
It is entirely consistent with
a broad pattern to sweep the ailing and
fragmented patch work of state
programs into a unified Federal program.
In an era of economic depression,
national health care reform and major
workforce changes this approach is
consistent with the underlying
bipartisan national philosophy.

Columnist and an expert in the field,
Peter Rousemaniere, recently
concluded an analysis of system's
failures that have literally pushed
workers’ compensation into a
federalized program. The states and
workers' compensation insurers have
for decades weaseled on the promise
to protect workers from occupational
illnesses and to honor their claims.

The knee jerk reaction, one would
think, would be this could never
happen because of interested
stakeholders. In reality, they have
been silently distracted by more far
reaching issues and have been
economically drained of resources
to the point where they’ll take
anything the Federal Government can
offer to save them from extinction.
The Federal government is not
unfamiliar with the administration and
distribution of benefits. Since 1882
the federal government has been
providing benefits to injured workers
and their widows: in 1900 the
postal workers compensation system
was established; in 1908 the Federal
government established a program for
those who work in hazardous
environments; and, in 1932 the Social
Security Administration was
established. However, the Social
Security Act did not embrace workers
compensation in 1932 since the primary
goal of the law was to reduce
unemployment.

The federal programs have produced
a dismal result over the last few
years. The Federal Victims Compensation
Fund, enacted following the
horrific tragedy of September 11th, 2001,
has a very strict eligibility
criteria and a limited recovery scheme.
The Smallpox Emergency Personnel
Protection Act of 2003 (SEPPA) was
enacted following an aborted vaccination
program after the government reluctantly
disclosed available medical research
concerning potential fatal cardiovascular
reactions. A risk analysis demonstrated
that this program may not have
been needed at all but was merely
implemented to sway public opinion.
Ultimately, the federal government
halted the Smallpox Vaccination
Program and funded $100 million for
the purpose of cleaning up the
legacy of adverse medical reactions
and to ease the burden placed upon
the victims and their estates that
were struggling to obtain benefits
under State compensation programs.

The Energy Employees Occupational
Illness Compensation Program Act of
2000 (EEOICPA) (P.L.106-398) was enacted
into law in October, 2000 with
strong bipartisan support. EEOICPA
established a program to provide
compensation to employers of the
Department of Energy (DOE), its
contractors and subcontractors,
companies that provided beryllium to
DOE, and atomic weapons employers.

The Federal health care reform is a
big Federal deal for workers
compensation as it establishes
the Libby Health Care Plan with far
reaching impact by involving
Medicare to deliver health care.
The ongoing integration of conditional
payments (Medicare Secondary Payer
Act and mandatory reporting) as well
as the review of all compromises
concerning the provision of future
medical care (Workers Compensation
Medical Set-aside Agreements) is
already anther Federal foot in the
door to prevent what in the past was
a tradeoff of medical care to US
taxpayer without consideration.

While federalization may not be the
panacea, the target remains to
limit the cost of medical expenses
and provide an efficient and
remedial benefit delivery system
at minimal cost for administration and
to hold the appropriate parties
financial responsible. The costs of
maintaining duplicate medical delivery
systems for workers, major
medical and workers’ compensation,
continues to represent an
unnecessary and costly duplicate
expenditures in administration and
management.

The BP-Federal Oil Compensation Plan
is yet another attempt to find a
solution. While it may not be perfect,
hopefully it will be guided
successfully and will learn from
past Federal trials and errors
dabbling in workers compensation.
It is obviously not the perfect
solution, but that may only exist
as an unattainable goal. The first
step is a comprehensive and
integrated Federal workers compensation
program. A step in the right direction
would be for the Federal Government
to take primary responsibility for
all occupational workers compensation
claims. This would be an innovated
initial approach to implement a new
Federally administered Workers
Compensation system.

To read more about federalization and
workers' compensation click here.

Click here for more information on how
Jon L Gelman can assist you in a
claim for workers' Compensation claim
benefits. You may e-mail Jon
Gelman or call 1-973-696-7900.

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Posted By Jon L. Gelman to Workers'
Compensation at 7/05/2010 09:25:00
AM

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[net-gold] [Workers' Compensation] Designing the New Federal Workers Compensation Program

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