https://completemarkets.com/Blog/post/ScurichInsuranceServices/1274/Does-workers-compensation-apply-off-the-job/
...outside the workplace: Nurses and doctors aid the injured or ill; contractors ...
Knowing the eligibility rules for workers comp benefits is essential for yo...
https://completemarkets.com/Blog/post/ScurichInsuranceServices/3757/Workers-Comp-Prescription-Narcotics-Abuse-Fight-Back/
... of narcotics in treating injured workers faces heavy scrutiny today - and for...tly as possible - while keeping your Workers Comp costs under control.
https://completemarkets.com/Blog/post/USRisk/345/Illinois-challenges-workers-comp-claim-carpal-tunnel/
...Aug. 8 (UPI) -- A former Illinois workers' compensation arbitrator's $25,233 w...syndrome, resigned from her job as a workers' compensation arbitrator in July 2011.
Mau...
https://completemarkets.com/Blog/post/Colonial-General-Insurance-Agency/3241/Medical-Employment-Agencies-Need-Protection-Too/
...of agencies are employing nurses, doctors, medical
technicians, medical assist...
https://completemarkets.com/Blog/post/ScurichInsuranceServices/1293/Ac-hoo-Springtime-is-here/
Springtime is known for many things, including beautiful blooming plants and flowers. Getting ready to plant new crops, warmer weather, longer days and allergies.
Allergies bring watery, itchy, irritated eyes; runny noses; uncontrollable sneezing and plain sinus misery. The most common allergies come from pollens, animal dander, mold spores, dust mite and cockroaches allergens.
Here are a few tips to help you with your allergies this Spring season:
Head over to the pharmacy and stock up on allergy medications. Talk with your doctor to see which ones will work the best for you. Antihistamines, decongestants and nasal sprays should be at the top of your list.
You can also ask about allergy shots. An allergy shot could mean the end all of all allergy medications.
Dehumidifers and air purifiers work great in the home.
Get mattress and pillow coverings. Mattresses and pillows host a ton of allergens. Getting a cover for the mattress and pillow and washing them once a week or so, will keep allergens to a minimum.
Before settling on any specific medical treatment for your allergies, please consult your doctor for the best treatment plan.
Content provided by Transformer Marketing.
https://completemarkets.com/Blog/post/ScurichInsuranceServices/1321/Valedictorian-credits-immigrant-parents-for-providing-opportunity/
Miguel Angel Fragoso-Hernandez sets goal of medical career in Watsonville
WATSONVILLE >> At Pajaro Valley High School, Miguel Angel Fragoso-Hernandez is known as Nino, or Kid, a nickname bestowed during his freshman year, when, a year younger than most students after skipping first grade, he was the smallest player on the junior varsity soccer team.
But Fragoso-Hernandez, now a 17-year-old graduating senior and class valedictorian, has another title in mind: doctor. He'll take a step toward achieving his career goal when he enrolls at UC Berkeley in the fall to study biology or biochemistry.
At a graduation ceremony Thursday, he plans to remind his classmates how they reached this point in their lives.
"It's not like you did it on your own. Your teachers helped you. Your parents helped you all through your life," Fragoso-Hernandez said. "At the same time, (the graduates) sit here because they worked for it."
Fragoso-Hernandez will speak from experience. His parents, Martin Fragoso and Julia Hernandez, emigrated from Santiago Tulantepec in Hidalgo, Mexico, to the U.S. in their teens. They were very poor, Fragoso-Hernandez said. His father scrounged from garbage cans to get enough to eat. His mother, living on a rural ranch, watched two siblings die in childhood.
Here, they worked in the fields at first, but later Miguel's father became an auto mechanic and eventually bought the business from his boss. After volunteering at Freedom Elementary School, his mother was hired to supervise students at recess.
As the family's income improved, they were able to move from a series of crowded garages into a three-bedroom apartment in a Holohan Road complex. Though he was only 7 at the time, Fragoso-Hernandez recalls his amazement at the space and the fact that the apartment had its own kitchen.
Growing up, he watched his father work two jobs at times, and his mother devote herself to work and raising three sons. But he didn't understand what they were trying to accomplish until high school.
"I thought they came to find a better life for themselves," Fragoso-Hernandez said. "I didn't realize until my sophomore year that the ultimate goal was to have a better life for their children."
Though neither Fragoso nor Hernandez went to school past the sixth grade, they knew education was the key to reaching that goal, and they instilled that value in their children.
Fragoso-Hernandez said math and science captured his interest at any early age. He paid attention as his older brother did his homework, and by the end of kindergarten he had mastered multiplication. He finishes high school with a 4.24 grade point average. In addition, he was a forward on the varsity soccer team for three years, and has worked as a math tutor in an after-school program for elementary students since he was 14.
His father's struggles with poor health led him to decide on a medical career, either as a general practitioner or a surgeon.
"I grew up seeing him with all these problems, and I wanted to be able to do something but I couldn't," he said. "I want to be able to do something for someone in the same situation."
When Fragoso-Hernandez was in middle school, the family moved to Gilroy, but he and his two brothers, Eric, a sophomore at Cal State Monterey Bay, and Marco, a seventh-grader at Lakeview Middle School, elected to commute each day so they could remain in Watsonville schools.
The three brothers were born in Watsonville, and Fragoso-Hernandez considers the city home. Once he earns his medical degree, he plans to return.
"Without Watsonville, I wouldn't be where I am today," he said. "I want to give back to this community."
Content provided by http://www.santacruzsentinel.com/education/ci_25899165/valedictorian-credits-immigrant-parents-providing-opportunity
https://completemarkets.com/Blog/post/ScurichInsuranceServices/1311/Its-Stroke-Awareness-Month/
Approximately 15 million people worldwide have a stroke every year. Of these, almost 6 million die, while a further 5 million are left permanently disabled. But although stroke is the one of the leading causes of death globally, many people remain unaware of the signs and symptoms to look out for, therefore putting their health at risk.
The American Heart Association/American Stroke Association(AHA/ASA) state that around 1 in 3 Americans are unable to recall the warning signs of stroke.
Furthermore, a recent AHA/ASA study revealed that many women in the US are unaware of stroke warning signs, even though they are at much greater risk of stroke than men.
"This lack of recognition of stroke signs and symptoms could be a significant barrier to reducing death and disability related to stroke in the US," says Dr. Lori Mosca, who led the study. "This is critically important because delays in getting care costs lives and hinders functional recovery."
May is National Stroke Awareness Month - an annual campaign introduced in 1989 that aims to increase public awareness of stroke in an attempt to tackle the condition once and for all.
In line with this campaign, this week's spotlight feature looks at the signs and symptoms of stroke, the risks associated with the condition and what can be done to increase stroke awareness.
What is stroke?
A stroke occurs when an artery or blood vessel becomes blocked, restricting blood flow to the brain. This leads to brain cell death, and, subsequently, brain damage.
How a person is affected by stroke depends on where in the brain the stroke occurs and how much of the brain is disturbed. Many stroke patients experience impaired speech, movement and memory. In severe cases, patients may suffer paralysis or even death.
There are two main types of stroke - ischemic stroke and hemorrhagic stroke. Ischemic stroke is the most common, accounting for around 87% of all strokes. This occurs when the arteries are blocked by blood clots or a gradual build-up of plaque and other fatty deposits.
Hemorrhagic stroke occurs when a blood vessel in the brain splits, leaking blood into the brain. Although only 13% of all strokes are caused by this, it is responsible for more than 30% of all stroke deaths.
The risk factors
There are many risk factors for stroke, many of which are out of our control. For example, individuals over the age of 55 are at greater risk of stroke, as are African-Americans, Hispanics and Asian/Pacific Islanders. Individuals who have a family history of stroke or TIA (Transient Ischemic Attack) are also more likely to have stroke themselves.
And women are more likely to have stroke than men. In the US, around 55,000 more women than men have a stroke every year.
Individuals with high blood pressure are one and a half times more likely to have a stroke than those with normal blood pressure.
But there are also risk factors for stroke that are within our control - one of the most important being high blood pressure, or hypertension. According to the National Stroke Association, people who have high blood pressure are one and a half times more likely to have stroke than those who have normal blood pressure.
"The No. 1 stroke risk factor is high blood pressure. It's important to check your blood pressure regularly and talk to your doctor about healthy levels for you," says Dr. Jeffrey L. Saver, professor of Neurology at the University of California Los Angeles and a spokesperson for the ASA.
High cholesterol also increases the risk of stroke, as cholesterol can block blood flow in the arteries. Furthermore, high cholesterol can raise the risk of heart disease and atherosclerosis - risk factors for stroke in themselves.
Smoking is another risk factor. Compared with non-smokers, those who smoke are at double the risk of stroke. It reduces the amount of oxygen in the blood, meaning the heart has to work harder to pump blood around the body. This means blood clots find it easier to form in the arteries, which can cause a blockage.
Those who are overweight or obese are also at increased risk of stroke. Excessive weight can increase the risk of high blood pressure, high cholesterol and diabetes.
Read the entire article here.
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https://completemarkets.com/Blog/post/ScurichInsuranceServices/3612/Side-Job-Doesnt-Prevent-FMLA-Claim/
In the California case, Richie v. AutoNation, an employee out on CFRA (FMLA) was fired by his employer when he was found to have been working at a restaurant he owned during his leave period. The company's leave policy prohibited outside employment during leave. The court ruled in favor of the plaintiff, stating that FMLA/CFRA (the California equivalent) has a process to follow in shortening FMLA leave if you believe that an employee no longer qualifies for it. You cannot create your own rule or process and, in a sense, do an end run around FMLA protections. The court ruled that because job reinstatement is mandatory, the only way to stop leave properly is by following the CFRA process and questioning the medical opinion of the employee's doctor.
This decision reminds us that ignorance of legal requirements is no excuse. In this case, the company argued that it had a good faith defense because it was not aware of this limitation on managing leave. The court essentially said "So what? It's a mandatory statutory obligation, which you can't avoid." As a different court stated, "A showing that an employee is unable to work in the employee's current job due to a serious health condition is enough to demonstrate incapacity. The fact that an employee is working for a second employer does not mean that he or she is not incapacitated from working in his or her current job."
Some additional notes:
The decision reminds us that an employer's policy on secondary employment during FMLA leave must be the same as that for employees who are not on FMLA leave. Otherwise, the policy itself violates the law.
Second, the court overturned an arbitration decision in this case which allowed the court's good faith defense. Although review of arbitration is very limited, the court will step in if the arbitrator misapplied the law.
Finally, whether it's FMLA leave, ADA accommodation leave, use of PTO or sick pay, etc., if you doubt the veracity of any employee's story (i.e. they were playing soccer or lifting pianos this weekend), you must follow the proper procedures so that you don't find yourself trapped like AutoNation did in this case.
https://completemarkets.com/Blog/post/ScurichInsuranceServices/2371/FMLA-Leave-Request-Does-Not-Create-Automatic-OSHA-Recordkeeping-Obligation/
In Secretary of Labor v. United States Postal Service the question was whether an employee's indication of an industrial injury on a FMLA request form triggered an OSHA recordkeeping obligation. To make a long story short, that claimant complained she was having an allergic reaction to dust produced by machinery she worked with. Her doctor provided her a note stating she was not to return to work at that machine. She eventually filled out an FMLA leave request form.
As this was going on, her complaint and that of another employee triggered an OSHA investigation. None of the inspections or analysis generated by her physician or OSHA found any kind of violation of OSHA standards or the exact allergic substance she was reacting to. The OSHA inspector was none the less concerned the company had not recorded her allergic reaction in the OSHA injury logs, a violation for which they were cited.
The Occupational Safety and Health Review Commission overturned a decision by the lower court and ruled due to privacy provisions associated with the FMLA, the employer was required to not share this information with the OSHA coordinator or the employee’s supervisor. The only time it would be appropriate to do so is for job accommodation purposes or emergency medical treatment.
The Commission also ruled the obligation to report an OSHA injury could come from someone's position or other unique circumstances. According to the Commission no such facts existed to generate the obligation. Which is rather surprising given it was abundantly clear she claimed to be having allergic reactions to working around the machinery and told numerous people about it.
The court reminded employers they should separate FMLA files from the work comp or injury ones.
Take home lesson: do NOT share medical information across the organization unless that person has a “need to know”, there is an accommodation to consider, or there is some kind of emergency. Keep FMLA requests private and don’t automatically share the info with the OSHA
compliance team.
Don Phin, Esq. is VP of Strategic Business Solutions at ThinkHR, which helps companies resolve urgent workforce issues, mitigate risk and ensure HR compliance. Phin has more than three decades of experience as an HR expert, published author and speaker, and spent 17 years in employment practices litigation. For more information, visit www.ThinkHR.com.
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