Author Archives: Edgar Romano

Wal-Mart & McDonald’s: Passing the Buck to Taxpayers

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

Came across this post today: “How McDonald’s and Wal-Mart Became Welfare Queens.”  News like this has become so commonplace that you almost accept it with a shrug.   Yeah, big box stores and fast food chains are paying their workers cruddy wages, forcing them to go on state health insurance and food stamp assistance.  Oh well.  Move along.  Nothing to see here.

But the outrage should exist.  These stories make my blood boil.  Many of these companies are making massive profits.  You’re telling me you can’t pay a living wage?  All of us, as taxpayers, are helping pad the the coffers of these companies.  By not providing sufficient wages or health care, the actual taxpayers serve as the necessary social safety net for these workers.  Is that really how we want our society and country structured?

Admittedly my experience is anectodal, but I see a number of these workers in my practice–from the greeters at Wal-Mart to those flipping burgers at McDonald’s.  Many are making a minimum hourly wage of $7.25.  No matter how hard they work (and, in my experience, some of these fast food and retail workers are the hardest workers out there, in light of their work condition), they cannot get ahead or make enough to avoid the necessity of seeking food stamp assistance or of searching for the local food pantry.  

Corporations simply should not be able to get rich on the public’s back.  As taxpayers, we continue to allow this grossly one-sided equation to continue.

 

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Temporary Work, Lasting Harm

Today’s post was shared by Jon Gelman and comes from www.propublica.org

Ninety minutes into his first day on the first job of his life, Day Davis, pictured above, was called over to help at Palletizer No. 4 at the Bacardi bottling plant in Jacksonville, Fla. Above is a composite image of the times Davis is seen in a surveillance video before an all-too-common story for temp workers unfolded.

A version of this story was produced by Univision and will air tonight at 6:30 p.m.

JACKSONVILLE, Fla. – This was it, he told his brother Jojo. He would finally be able to pay his mother back for the fender bender, buy some new shoes and, if things went well, maybe even start a life with his fiancee who was living in Atlanta.

After getting his high school diploma, completing federal job training and sending out dozens of applications, Day Davis, 21, got a job. It was through a temp agency and didn’t pay very much, but he would be working at the Bacardi bottling plant, making the best-selling rum in the world.

Davis called his mother to tell her the good news and ask if she could pick him up so he could buy the required steel-toe boots, white shirt and khaki pants and get to the factory for a 15-minute orientation before his 3 p.m. shift.

Word spread quickly through the family. “Me and my brother was like, ‘Don’t mess up now, you got to do good, don’t mess up,’ ” said his younger sister, Nia.

It was a humid 90 degrees as Davis walked into Bacardi’s Warehouse No. 7 to the rattle of glass bottles,…

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What’s in a Back Injury?

Pain radiating down the leg to the small toe in the general pattern of the S1 dermatome suggests that a herniated disk may be pinching the S1 nerve root in the spine.

Today’s post comes from guest author Brody Ockander, from Rehm, Bennett & Moore.

I hurt my back, and my doctor said it’s my “disc.” What is going on?

Obviously, you’ll want to speak to your doctor about the specifics of your injury, but below is a simple primer on the basic information of an injured, slipped, bulging, herniated disc.

Discs are in between your vertebrae in your spine. They are there as shock absorbers between the bone and also help provide the spine with mobility.

When you have an injury to your disc, you may have what’s called a disc herniation or a disc bulge. If you have a disc herniation, the gel-type substance in the disc has extended beyond where the disc normally contains the gel substance. In the case of a herniation, you can have an extruding disc (more prominent) or a protruding disc (less prominent). The herniation becomes a problem when it interferes or “impinges” or “entraps” the nerves in your spinal column.

A bulging disc is when the gel-type substance is outside the normal disc space, but the outer “shell” of the disc remains intact for the most part. Usually, a bulging disc is less severe than a herniated disc, and bulging discs are sometimes referred to as “protruding discs” as well.

Because the nerves in your spine control your arms and legs, often, your doctor can determine which disc is causing you problems simply by what part of your arm or leg tingles, goes numb, or hurts, along with the location of the pain in your back. For example, if you had a back injury and it now hurts on the outside of your thigh, across the front of your knee, and into your big toe, you likely have an issue with your L4-L5 disc (see the chart as an illustration).

Naturally, a doctor will use your symptoms in conjunction with other diagnostic tests to determine the location of the problem more precisely and will treat your symptoms accordingly. In addition, your doctor will be better able to explain the specifics of your injury more thoroughly and precisely. However, the purpose of this blog is to simply give you an overview of what it means when the doctor says you have a disc “herniation” or “bulge.” This disclaimer applies to the information supplied in today’s blog post.

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World Trade Center Registry Reopened and New Protections Accorded to Workers

On November 13, 2013, Governor Andrew M. Cuomo signed significant protections for World Trade Center workers into the Workers’ Compensation Law under Article 8-A. The legislation extends and enhances workers’ compensation eligibility and benefits for World Trade Center workers. Most notably, the legislation reopens the World Trade Center Registry; extends the deadline period for filing Form WTC-12, Registration of Participation in World Trade Center Rescue, Recovery and/or Clean-up Operations, with a deadline to September 11, 2014; reopens previously time-barred World Trade Center claims and considers them timely; and adds qualifying conditions to the law.

Reopening of Registry and Extension of Filing Period for Form WTC-12

The World Trade Center Registry, which preserves workers’ compensation rights for those who performed rescue, recovery, and clean-up operations after the World Trade Centerattacks, is now reopened and will remain open until September 11, 2014. Previously, any claims for which the associated Form WTC-12 was received after September 13, 2010 were time-barred. Those workers were not entitled to benefits. These claims will now be reopened and considered timely.

Workers who participated in the rescue, recovery, and clean-up operations of the World Trade Center between September 11, 2001 and September 11, 2002, should promptly register their service participation with the NYS Workers’ Compensation Board (Board). This registration will preserve workers’ rights to future benefits, should they ever be needed. Employed and volunteer workers should file a notarized Form WTC-12 prior to September 11, 2014, whether they were injured or not. Eligible work includes duty at Ground Zero, the Fresh Kills Landfill, duty on the barges and piers, and the morgues. Paid workers and volunteers covered under the New York State workers’ compensation system are eligible. The filing of the registration Form WTC-12 does NOT constitute the filing of a claim. The filing of the sworn statement does, however, extend the time to preserve the workers’ right to file a claim. Instructions are provided on the Form WTC-12 regarding the filing of a claim. Specifically, when the time comes to file a claim, an injured worker or volunteer should submit Form C-3, Employee Claim, for compensation or Form WTCVol-3, World Trade Center Volunteer’s Claim for Compensation, to the Board.

A completed Form WTC-12 can be submitted to any Board office. Completed forms must be received at any Board office by September 11, 2014. A postmark by this date is not sufficient. Workers can obtain Form WTC-12 from any Board office or from the NYS Workers’ Compensation Board website.

These changes are included in Workers’ Compensation Law § 162.

Previously Time-barred World Trade Center Claims

As stated earlier, any Form WTC-12 filings that were received after the previous original September 13, 2010 deadline are now considered timely. (The deadline was stated in Article 8-A as September 11, 2010, a Saturday;, however, the Board accepted filings that arrived on Monday, September 13, 2010, as timely.)

The Board will review its files to locate any World Trade Center claims previously disallowed asuntimely under Workers’ Compensation Law §§ 18 or 28, or from failure to file a timely Form WTC-12. The Board will, under its own initiative, now allow those particular World Trade Center claims and consider them timely. Workers whose Form WTC-12 were previously deemed untimely will be notified that their cases are no longer time-barred and instructed on how to obtain benefits should they become injured or ill. While the Board will be pro-actively checking its own files and providing notice to claimants, claimants should feel free to contact the Board, so that the Board may provide specific information regarding the reconsideration process. All parties will be notified that their cases are being reopened as their cases are brought forward for consideration. While it is not necessary for claimants to file reopen or hearing requests, the Board wishes to make workers aware that this process is now being initiated.

These changes are in Workers’ Compensation Law §§ 165 and 168.

Qualifying Conditions

Article 8-A now contains a new list of qualifying health conditions resulting from hazardous exposure for World Trade Center workers who participated in rescue, recovery, or clean-up operations. The categories are:

  • Diseases of the upper respiratory tract and mucosae, including conditions such as conjunctivitis, rhinitis, sinusitis, pharyngitis, laryngitis, vocal cord disease, upper airway hyper-reactivity, and tracheo-bronchitis, or a combination;
  • Diseases of the lower respiratory tract, including but not limited to, bronchitis, asthma, reactive airway dysfunction syndrome, and different types of pneumonitis, such as hypersensitivity, granulomatous, or eosinophilic;
  • Diseases of the gastroesophageal tract, including esophagitis and reflux disease, either acute or chronic, caused by exposure or aggravated by exposure;
  • any combination of such conditions; and
  • New onset diseases that develop in the future or result from exposure in the future, including cancer, COPD, asbestos-related diseases, heavy metal poisoning, musculoskeletal disease and chronic psychological disease.

These changes are in Workers’ Compensation Law § 161(3).

Outreach

The Board is committed to ensuring all World Trade Center workers receive the benefits and protections they are accorded under the law. To help achieve this, the Board is in the process of expanding our communication and outreach to World Trade Center workers. Our initiatives include:

  • Translating Form WTC-12 into the seven common languages other than English, designated by the Board’s Language Access Plan;
  • Reopening a dedicated phone line for World Trade Center workers, 1-855-WTC-2014 (1-855-982-2014);
  • Adding a dedicated page to the Board website for World Trade Center workers, www.wcb.ny.gov/WTC-12;
  • Using traditional and social media to reach World Trade Center workers;
  • Planning outreach to workers and groups representing World Trade Center workers; and
  • Mailing letters to previous untimely filers.

The Board’s dedicated World Trade Center work groups and hearing parts have functioned continuously since September, 2001

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FEMA: No extensions to file superstorm Sandy insurance suits

Originally published: November 21, 2013 6:27 PM
Updated: November 21, 2013 7:13 PM
By JOE RYAN  joe.ryan@newsday.com

Greg Snow attempts to clear debris from superstorm

Greg Snow attempts to clear debris from superstorm…

Photo credit: Newsday / Thomas A. Ferrara | Greg Snow attempts to clear debris from superstorm Sandy from his yard on Atlantic Street in Lindenhurst. (Nov. 1, 2012)

The National Flood Insurance Program Thursday rejected requests from Sen. Charles Schumer and others to extend the deadline for homeowners to file lawsuits arguing for more money to cover damage from superstorm Sandy.

The government insurer, run by the Federal Emergency Management Agency, issued a memo to private companies that administer flood policies, saying the 12-month statute of limitations is dictated by federal law and cannot be moved.

“FEMA lacks the authority to extend the time limit to file a lawsuit established by statute,” wrote James Sadler, director of claims for the flood insurance program.

PHOTOS:LI damage | Then and now | Aerial views
VIDEOS:Recovery still in progress | Desperate for buyout
DATABASES:Federal aid to victims | Infrastructure proposals
MORE:Year after Sandy interactive | Complete coverage

According to FEMA, homeowners must sue within one year of having any portion of their flood insurance claim denied in writing.

Schumer (D-N.Y.), Sen. Kirsten Gillibrand (D-N.Y.), Rep. Peter King (R-Seaford) and others have argued that the deadline doesn’t give Sandy victims enough time. They asked…

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BreathableBaby Recalls Wearable Blanket Due to Choking Hazard

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.prnewswire.com

BreathableSack wearable blanket for infants

BreathableSack wearable blanket for infants

WASHINGTON, Oct. 29, 2013 /PRNewswire-USNewswire/ — Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

(Logo: http://photos.prnewswire.com/prnh/20030904/USCSCLOGO)

Recall Summary

Name of Product:  BreathableSack wearable blanket for infants

Hazard: The zipper pull tabs and sliders can detach posing a choking hazard to infants.

Remedy:  Replace

Consumer Contact:  BreathableBaby toll-free at (877) 827-4442 from 9 a.m. to 4 p.m. CT Monday through Thursday or online at www.breathablebaby.com and click on Recall Information.

Photos are available at
http://www.cpsc.gov/en/Recalls/2014/BreathableBaby-Recalls-Wearable-Blanket

Recall Details

Units: About 15,000

Description:  The BreathableBaby BreathableSacks are sleeveless, wearable blankets. They come in two sizes: small (10-18 pounds) and medium (16-24 pounds) and come in three colors: kiwi Whoo, pink Hip, and blue Splash. There is one animal stitched on the left chest of each blanket of an owl, hippo or elephant. Only BreathableSacks from Lot No. 124 with a manufacture date of 04/17/2012 are included in the recall.  A tag sewn inside the recalled units where the infant’s right foot would be located states the “Date of Manufacture: 04/17/2012, Lot No. 124,” along with the washing instructions on the back of the tag.

Incidents/Injuries: None reported

Remedy: …

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Workers at 9/11 site get workers’ compensation and disability extension

This alert comes to us from our friends at the New York State AFL-CIO.

Workers at 9/11 site get workers’ compensation and disability extension
The re-opener of workers’ compensation and disability retirement registry for workers at 9/11 Site (A7803A -Abbate / S5759A -Golden) has been signed into law and is Chapter 489 of the Laws of 2013.This bill reopens the registry for workers’ compensation and disability pension for those who were at or near the ground zero after the 9/11 terrorist attack. The new open period will extend through September 11, 2014. If eligible, workers who are on the registry will be presumed to have contracted certain illnesses that manifest themselves later in life as a result of their work at or near the site during that time period. The bill also addresses a shortfall in the law that prohibited vested members of a retirement system who worked at the site during the time in question but who subsequently left service, from being eligible for the registry.

The NYS AFL-CIO will continue to work with affiliates to spread the word and encourage any members or other workers who may be eligible for to register to do so prior to the new expiration date of September 14, 2014.

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Why The Republicans Should Not Cut Food Stamps

Facts about food stamps. Click on this image to see it full size.

Today’s post comes from guest author Paul J. McAndrew, Jr., from Paul McAndrew Law Firm.

I write about a debate now occurring in Congress in which the GOP is threatening millions of American families, including 200,000 Iowa households.  The debate is over food stamps, now known as the Supplemental Nutrition Assistance Program (“SNAP”).

To understand the problem, we need only review the survey-report issued by the Department of Agriculture on September 4.  (Alisha Coleman-Jensen, Mark Nord, Anita Singh, “Household Food Security in the United States in 2012”).  The report shows that nearly 49 million Americans lived in “food insecure” households last year.  This means family members lack consistent access to adequate food throughout the year.  In short, 49 million Americans (over 16 times the Iowa population) went hungry for long periods in 2012.  Worse, children were found to be hungry in 10% of all U.S. families with children.  The agency found that hunger rates since the 2007 recession are much higher than before. 

Many people have a misunderstanding of this hunger; many think the hungry are the same persons who are homeless.  In fact, in most cases the hungry are persons who work at low-paying jobs or are disabled from work.

The GOP (mostly the House GOP) wants to cut food stamps.  Yet, food stamps have been the centerpiece of our country’s safety net for the poor.  Benefits are adjusted for income.  Recipients can use SNAP benefits only for food, notwithstanding Rep. Steve King’s assertion that he knows food stamps are used for bail and tattoos.  Nearly 48 million Americans now receive food stamps (about 15% of the approximately 314 million Americans), at an annual cost to us of about $80 billion.

No matter what Congress decides, food stamps expenditures will be reduced in November, when a provision in the 2009 stimulus bill expires.  House Republicans, however, propose Continue reading →

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