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News

New York State Workers’ Compensation

• Eric Dinallo - Candidate for NY Attorney General
  Mar 19, 2010

  Ten Democratic County Chairs announced support of Eric Dinallo to succeed Andrew Cuomo as New York State’s next Attorney General.  Dinallo, who was appointed NYS superintendent of insurance in 2007, was instrumental in reforming NY's workers' compensation system.  Reports indicated Dinallo was responsible for saving businesses $1 billion a year and increasing payouts to injured workers by 75%. 
  

  Currently, Dinallo is Henry Kaufman Visiting Professor of Finance at New York University's Stern School of Business, teaching in the markets, ethics and law program.

   

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• Buffalo Man Arrested for Workers' Comp Fraud
  Mar 19, 2010

  Yet another case of workers comp fraud. 
  
  Jose Padilla was arrested in Buffalo for collecting workers' compensation benefits for a back injury resulting from his working in a salt factory.  He claimed he was unable to walk without assistance and couldn't even go grocery shopping.  Videotape showed him repairing a motor vehicle and walking moving about without assistance. Padilla was charged with grand larceny and workers' compensation fraud. 
  
  

   

   

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• Road Construction Begins in Western, NY to limit traffic accidents
  Mar 18, 2010

  Live in Western, NY?  Be prepared for road congestion as construction will begin along lanes of I-190 and I-290 - one of th worst interchanges in Tonawanda.  Many construction accidents as well as personal accidents, some resulting in deaths, have occured in this area - especially at the entrance to I-190 going north. In an effort to remedy the situation, a massive road construction project will begin -- construction crews will basically be starting from scratch, rather than simply doing a "quick fix." 
  
  Drivers should be aware the ramps connecting the two highways will be reduced from two lanes to one starting March 16. The connector ramp which allows traffic from Sheridan Drive onto the I-190 northbound will be closed entirely beginning March 18.  It is expected this project will not be complete until December of 2011. 

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• Payment for Workers' Comp Fraud? Probation and Jail Time for NY Man
  Mar 10, 2010

  Joseph Gambino, from Saugerties, New York, admitted to illegally accepted workers’ compensation benefits over a period of 3 years.  He was sentenced to 30 days in jail, five years of probation upon release, and required to make $77,800 in restitution after accepting his guilty plea to charges of both workers' compensation fraud and insurance fraud.   
  
  Gambino was receiving workers' comp benefits from the New York State Insurance Fund due to cliams that he'd suffered a job-related back injury.  Video footage showed him  moving furniture, riding a motorcycle without the cane he'd been relying on heavily during medical exams, and other physical activities. 

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• Employee Charged with Collecting Workers' Comp Benefits
  Mar 09, 2010

  Former New Yorker, Veronica McClendon, was  accused of collecting workers' compensation benefits while working at a Walgreens drug store in Virginia.  She has been ordered to pay $36,000 to the New York State Insurance Fund.
  Ms. McClendon was receiving workers' compensation benefits after claiming a job-related injury prevented her from working.  She was charged with workers' compensation fraud.
  
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• Workplace Stress - Impact on Police Officers
  Mar 05, 2010

  The pressures on police officers significantly impact their physical and mental health.  Think about it.  Police officers 
  may be expected to shoot someone, be shot at, see a partner killed, use force to resist a physical attack, rescue a battered child, participate in a high-speed chase, and inform a parent that his or her child has been killed in a traffic accident.  If that isn't stressful, what is?

  
  There are many reports on the negative impact stress can have on our lives.  We must learn to manage the stress, especially when it is part of our daily lives due to the occupations we choose.  The University of Buffalo (UB) conducted a long-term study that followed more than 400 police officers. Results showed that officers over the age of 40 have a higher 10-year risk of a coronary event than the national average. It went on to illustrate 72 percent of female officers and 43 percent of male officers have higher than recommended cholesterol levels, and police as a group have higher than average pulse rates and diastolic blood pressure.  It also noted an increased amount of suicide.  Police officers, suffering from these conditions, may be eligible for workers' compensation benefits. 

  These statistics identify the need for police departments to implement intervention programs and create opportunites for police to discuss these issues, especially for male officers.  It has been suggested that in some ways female officers have a better of chance of dealing with these work related issues than their male counterparts as it is still more acceptable for woman to act upset and discuss their feelings while males often talk about stressful events but not about the fear and emotions that are associated with these events.
  
  Researchers admit that publishing papers and conducting stress studies will not influence police departments to change overnight, but it is the first step in raising awareness and bringing this issue to the forefront so that it is addressed.   Helping officers manage stress and encourage them to talk about their feelings, thus helping them remove the stigma that they are weak if they show emotional response to their situations is a step in the right direction. 
  
  Markhoff & Mittman prepared a FREE report - a guick guide to Workers Compensation for NYC Department of Corrections Uniformed Employees - request your copy today!

   

     

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• New York insurance fraud crackdown: 154 arrests, $16.6 million saved
  Feb 28, 2010

  Workers’ compensation fraud accounts for huge losses every year, both to the insurance industry and to individual workers.  When businesses or employees commit workers’ comp fraud, they divert resources intended for truly deserving injured workers and drive up the cost of premiums for employers.

   

  In New York, the battle against wasteful fraud is fought by the New York State Insurance Fund (NYSIF).  In the last 15 years, NYSIF’s efforts have led to 1,382 arrests for insurance fraud and have saved the state $183.1 million.

   

  Last year alone, the NYSIF’s fraud program led to 154 arrests and saved $16.6 million.  Fraud is perpetrated in a variety of ways.  In some cases, workers claim to be injured and collect workers’ comp benefits, yet they hold a job or operate a business.  Some workers recover from a legitimate injury or illness, but fail to notify the insurance company that they no longer need benefits.

   

  Theft from a deceased family member is another problem, for example the child of a deceased worker who was collecting workers’ comp benefits may withhold notifing the proper authorities so they can continue collecting benefits.

   

  Businesses commit workers’ compensation fraud as well, sometimes misclassifying workers so they don’t have to pay the appropriate premiums on high-risk employees like construction workers.  Other businesses illegally classify full-time employees as “independent contractors”, which saves them money on premiums.

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• East Broadway Mall Accused of Stiffing Workers and Gouging Tenants
  Feb 25, 2010

  Demonstrators stood in front of East Broadway Mall, beneath the Manhattan Bridge, accusing its operators of labor law violations and rent gouging of commercial tenants.  They were there to support a press conference the militant Chinese Staff and Workers’ Association was having with the hopes of getting attention so that the government would investigate questionable practices at the mall.

  The protest was against the bosses for multiple violations of the law including hefty rent increases which would kick out small businesses and also accusations that of inappropriate treatment of construction workers who were working on renovations without overtime or unemployment benefits when they were laid off.  One of the injured workers commented that he had received some workers’ compensation, but it was discontinued.

  
  
  
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• Workers' Comp Insurance Fraud - 154 Arrests Last Year
  Feb 24, 2010

  The New York State Insurance Fund (NYSIF) announced that its program targeting workers’ compensation insurance fraud resulted in 154 arrests last year.  The most commonly seen workers' comp fraud was in cases where injured workers are receiving workers' comp benefits and at the same time running other businesses or are employed by other companies.

  The NYSIF, New York's largest workers compensation and disability benefits carrier, is a leader in the fight against workers' comp fraud.  NYSIF is a competitive insurance carrier that sells workers’ compensation insurance and disability benefits insurance to any employer doing business in New York State.  It investigates only workers’ compensation and disability benefits fraud involving claimants, policyholders or medical providers who are doing business with them.

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• OSHA Report - Worker Deaths Due to Hazardous Gas in Recycling Facility
  Feb 24, 2010

  OSHA, The U.S. Department of Labor's Occupational Safety and Health Administration, has completed inspections they were required to do as a result of three employee deaths in Jamaica, NY this past June.  An employee of S. Dahan Piping and Heating Co. died because of inhaling hydrogen sulfide gas while cleaning a dry well at Regal Recycling Company, two other employees died in their attempt to rescue him.
  
  OSHA reports this incident as a confined space death.  A confined space is one that has limited or restricted access of entry or exit, is large enough for a worker to enter and work in, but is not designed for continuous occupancy. Regal Recycling failed to post signs warning its employees of hazards that may be present in a confined space, such as the dry well.  If you are working under hazardous conditions be mindful of your workplace rights and what you can expect from your employer.  
  
  S. Dahan Piping and Heating was issued ciatations for the confined-space hazards and for not having a respiratory-protection program.  Regal Recycling Co. was issued one citation for the absence of warning signs and for not correcting hazards they were told to due so after an inspection in January 2009, six months prior to the deaths.  If you are OSHA workplace rights
  
  The families of those who perish in these unfortunate situations are eligible for workers' comp death benefits.
  
  
  
  

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