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May 02, 2006 3:42 AM
Workers' Compensation News - May 10, 2006, Volume 4 Issue 405

 CMS RASIES THRESHOLD to $25,000 FOR REVIEW
CMS' April 25, 2006 Memorandum regarding WCMSAs and Revision of the Low Dollar Threshold for Medicare Beneficiaries
http://www.cms.hhs.gov/WorkersCompAgencyServices/Downloads/42506Memo.pdf

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DEATH ON THE JOB
Death on the Job: Up for the First Time in 10 Years
With the number of deaths in the nation’s coal mines in the first four months of this year already exceeding last year’s entire toll, the AFL-CIO’s annual job safety report reveals even more troubling and deadly information about the nation’s workplaces. For the first time in a decade, the national job fatality rate was up from the previous year.
In 2004 (the latest year for which Bureau of Labor Statistics figures are available), 5,703 workers died from workplace injuries, compared to 5,575 the previous year, reports Death on the Job: The Toll of Neglect.
http://blog.aflcio.org/?p=529

An Estimate of the U.S. Government's Undercount of Nonfatal Occupational Injuries. 
Journal of Occupational & Environmental Medicine. 46(1):10-18, January 2004.
Leigh, J. Paul PhD; Marcin, James P. MD, MPH; Miller, Ted R. PhD 
http://www.joem.org/pt/re/joem/abstract.00043764-200401000-00004.htm;jsessionid=EXlIHGUEzsGWMORkrlciIVT8R1PFXDSuSZ5BegK4wmjhNdhJf7PV!-642208954!-949856145!9001!-1?index=1&database=ppvovft&results=1&count=10&searchid=1&nav=search

Study Finds U.S. Undercounts Workplace Injuries, Illnesses
A new study suggests government statistics undercount the number of illnesses and injuries that occur in U.S. workplaces each year, largely as a result of underreporting by employers.
WS Journal, May 1, 2006
http://online.wsj.com/search/date.html#SB114644354165240092

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NOSSCR EVALUATES SSA Final Regulations: “Disability Service Improvement” - DSI
The Federal Register for March 31, 2006, included the final regulations for the Commissioner's "new approach" to initial disability claims under Titles II and XVI, dubbed "Disability Service Improvement" or DSI. 
http://www.nosscr.org/dsi.html

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LATEX SENSITIVITY
Primary prevention of latex related sensitization and occupational asthma: a systematic review.
A D LaMontagne, S Radi, D S Elder, M J Abramson, and M Sim . Occup Environ Med 2006;63 359-364
http://oem.bmjjournals.com/cgi/content/abstract/63/5/359?etoc

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NJ WORKERS' COMPENSATION 2006 SUPPLEMENT PUBLISHED BY WEST/THOMSON
For what's new visit
http://west.thomson.com/store/FilingAndShelvingDownload.asp?Download=True&file=722_200689_152019.pdf
To Order:
http://west.thomson.com/product/17152728/product.asp
Further information:
http://www.gelmans.com/FrontEnd/ReadingRoom/vwArticle.asp?ArticleId=268

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CASES 

ENFORCEABILITY 
A workers' compensation settlement agreement did not become final and enforceable against the employer before the claimant died. The agreement included unmet contingencies, in that the Department of Health had not approved an amount of a Medicare set-aside and Medicare liens had yet to be determined and resolved.
Quinlan v. Ross Stores, 2006 WL 1058185 (Decided April 27, 2006)

NJ PERS
What constitutes an informed choice in making a pension election involving a workers' compensation claim.
Zakack v Division of Pensions
2006 WK 1133868 (App. Div. 2005)

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CALENDAR

May 10, 2006 3rd Annual THIS YEAR IN WORKERS’ COMP: TOP ISSUES & CASES - Wed., May 10, 2006
A panel of state and national experts address important issues that can make or break your case, including a concise analysis of key cases that have been decided during the past year.
http://www.njicle.com/cgi-bin/njicle?SessionID=46&doc=/Seminars/YearWC_5-10-06.html

June 1, 2006 NJ Self-Insurers' Association, Hyatt Regency, New Brunswick, NJ, N J Self Insurers Association, (732) 219-0319, 1 Joseph Dr, Lincroft, NJ 07738

July 15-19, 2006 ATLA Convention in Seattle, WA
http://www.atla.org/convention/SE06/ 

Sept. 14 & Oct. 12, 2006 WORKERS’ COMPENSATION MOTION PRACTICE - Thurs., Sept. 14 & Thurs., Oct. 12, 2006
This unique program features a panel including some of the most respected workers’ compensation attorneys in the state. 
http://www.njicle.com/cgi-bin/njicle?SessionID=46&doc=/Seminars/wc_10-12-06.htm

Oct. 7, 2006 Taking Steps to Cure Breast Cancer, 5th Annual Nancy Gelman 5K Walk/Run, Liberty State Park (Jersey City, NJ)
To register or to volunteer to help - contact dawn@gelmanfoundation.org
http://www.gelmans.com/FrontEnd/ReadingRoom/vwArticle.asp?ArticleId=610

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