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September 2003
State: New York
Area of Interest: Department and Suffolk District Attorney’s
Office Announce 85 indictments in No-Fault Insurance Fraud Scheme
Initial Arrests May Lead to Largest No-Fault Insurance Fraud Scheme
in New York State
Superintendent of Insurance Gregory V. Serio, along with Suffolk
County District Attorney Thomas Spota and National Insurance Crime
Bureau CEO Robert Bryant today at a press conference in Suffolk,
announced the indictments of 85 physicians, psychologist, chiropractors,
attorneys, medical clinic owners and others in the first stage of
what may be the largest no-fault insurance fraud scheme ever prosecuted
in New York State.
It is estimated that fraudulent no-fault insurance claims resulting
from staged accidents amount to tens of millions of dollars a year
in New York State, and hundreds of millions of dollars nationwide.
Based on the evidence reviewed to date, the loss in this case is
in the millions of dollars.
The alleged scheme is described as follows: owners and managers
of medical clinics pay "runners," or recruiters, arrange
automobile accidents and send individuals supposedly injured in
the accidents to clinics for treatment. The runners recruit drivers
to cause the accident and passengers to ride in the cars. Usually,
multiple passengers are recruited to maximize the profit per accident.
After the drivers pick up the passengers, potentially vulnerable
drivers are targetted. The caused accidents involve cars occupied
by innocent victims that are hit by defendants participating in
the scheme, in addition to accidents involving cars owned or insured
by members of the ring hitting each other.
Source: State of New York
State: Florida
Area of Interest: Police Officer Charged with Worker’s
Compensation Fraud
An eleven-year veteran with the Sebastian Police Department was
arrested today for allegedly lying about accepting additional employment
while collecting workers’ compensation benefits due to on-the-job
injuries.
While on continued no-work status, Dillon allegedly sought employment
as a basketball coordinator for the Palm Bay Police Athletic League.
Surveillance was conducted by fraud investigators showing Dillon
at a middle school gym during one of the Athletic League games walking
up and down bleachers, carrying boxes and mopping floors during
time-outs.
Dillon later lied to investigators during a sworn deposition, saying
he had not been employed while on no-work status.
Source: State of Florida
Area of Interest: OSHA Issues E-Tools for Young Workers
America's working teens have two new resources to help keep them
safe on the job -- Teen Worker Safety in Restaurants and Youth
in Agriculture -- the latest interactive web-based training
tools unveiled today by OSHA. The new eTools located on OSHA's Teen
Workers web site are part of the agency's contribution to the Department
of Labor's initiative on young workers.
Eighty percent of U.S. teenagers work during their high school
years. Of those, 52% will find jobs in the retail sector, which
includes restaurants and fast food establishments. The Teen
Worker Safety in Restaurants eTool highlights the most common
hazards in these workplaces and offers safety and health suggestions,
safety posters, and electronic links to educate young workers about
safety on the job. Areas of focus include, serving, clean-up, drive-thru,
cooking, food preparation, delivery, and worker rights and child
labor laws.
The Youth in Agriculture eTool presents case studies that
describe common hazards and offers potential teen safety solutions
in such areas as farm equipment operations, confined spaces, and
prevention of common injuries resulting from falls, electrocutions,
and chemical exposures.
Source: Occupational Safety and Health Administration
State: Washington
Area of Interest: Change in Pesticide Regulations
The Department of Labor and Industries has begun this rule-making
effort at the direction of the Washington State Supreme Court following
a successful lawsuit by farm workers who were exposed to the hazard
posed by organophosphate and N-methyl-carbamate cholinesterase-inhibiting
pesticides. See Rios et.al. v. Department of Labor and Industries,
145 Wn.2d 483, 39 P3.d 961 (2002). The proposed rule would apply
to all agriculture employers and workers covered by Chapter 296-307
WAC, which includes the pesticide Worker Protection Standard, WAC
296-307-107.
The new portion of the rule requires the employer to perform the
following
- Maintain handling records for covered pesticides
- Implement a medical monitoring program
- Identify a physician or licensed health care professional
- Make cholinesterase testing available
- Respond to depressed cholinesterase levels
- Provide medical removal protection benefits
- Maintain records
- Provide training
- Implementation plan
Source: State of Washington
State: California
Area of Interest: CAL-OSHA Proposes/Makes Changes to Elevator,
Respiratory Protection and Illumination of Highway Construction
Projects
Elevator Safety
Changes were made to the elevator standard that specify construction
and design requirements for pits, hoistways, hoistway enclosures,
and related construction.
Date when rule become effective: 8/27/03
Respiratory Protection
Employees are now required to undergo a medical evaluation to determine
if the employee is physical capable of wearing a respirator prior
to completing fit testing or performing a task that requires the
use of respiratory protection.
Date when rule become effective: 8/30/03
Night Time Illumination – Proposed Change
Changes to this standard increase the amount of illumination required
during night time construction projects from 5 footcandles to 10
footcandles. The purpose of this standard is to increase the visibility
of construction workers during night time hours.
Source: California Register
State: Washington
Area of Interest: L&I Responds to Building Industry Association
of Washington Petition to Repeal Ergonomics Rule
In a letter written by Paul Trause Director of Labor and Industries
to the Building Industry Association of Washington, L&I addresses
each of the assertions made by BIAW about the State of Washington’s
Ergonomics rule that is currently being implemented in the state
of Washington.
These assertions include:
- The rule is a “one size fits all” approach that
will not do what it was intended to do.
- The rule imposes unreasonable costs. The rule is too costly.
- The rule is not clear.
- The rule is no longer needed.
- The rule is not authorized. The agency has no authority to make
this rule. The rule has never been clearly promulgated.
- The Department has applied the rule unequally. Large multinational
corporations such as Wal-Mart have received “safe harbor”
exemptions from the rule.
- The body of science related to musculoskeletal disorders does
not support an ergonomics rule as written by the Department.
The complete document that outlines WISHA’s response to the
BIAW assertions can be found at: http://www.lni.wa.gov/wisha/ergo/default.htm
Source: State of Washington
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