Cory Nagy injured his knees at work lifting a side of beef, causing tearing of the meniscus that required surgery. He now suffers chronic pain. However, the Workers' Compensation Board only recognizes his injury as standard and provided a rehabilitation program. Cory is concerned about fair treatment and compensation. Taking legal action and filing appeals citing relevant cases may help ensure Cory's chronic pain is acknowledged and he receives proper compensation, while also challenging unfair assumptions and helping other injured workers.
Алексей Сидоренко "Что такое социальный интранет"Yandex
Алексей Сидоренко (1С-Битрикс) "Что такое социальный интранет"
"Горизонты цифрового маркетинга". Конференция Яндекса в Одессе
– эволюция корпоративных коммуникаций (движение интранета по пути интернета);
– эволюция корпоративного софта (консьюмеризация, мобилизация, объединение разных корпоративных систем);
– роль поощрения и обратной связи в компаниях;
– как документ становится социальным.
Алексей Сидоренко "Что такое социальный интранет"Yandex
Алексей Сидоренко (1С-Битрикс) "Что такое социальный интранет"
"Горизонты цифрового маркетинга". Конференция Яндекса в Одессе
– эволюция корпоративных коммуникаций (движение интранета по пути интернета);
– эволюция корпоративного софта (консьюмеризация, мобилизация, объединение разных корпоративных систем);
– роль поощрения и обратной связи в компаниях;
– как документ становится социальным.
Legal newsletter for owners, directors and HR professionals with updates on current employment law. In this issue: Also in this issue: The National Minimum Wage / National Living Wage; Family Friendly Rights; Current rates and limits for unfair dismissal and redundancy; pulling a sickie
Delivered by Publishing Technology to Trent Hanshew ProQuest.docxMARRY7
Delivered by Publishing Technology to: Trent Hanshew ProQuest IP: 203.56.241.2 on: Fri, 30 Mar 2012 02:03:14
Copyright (c) Association of Military Surgeons of the U.S. All rights reserved.
MILITARY MEDICINE, Vol. 177, January 2012 17
MILITARY MEDICINE, 177, 1:17, 2012
INTRODUCTION
The history of Federal workers’ compensation legislation
goes back to the late 1800s, but the Federal Employees’
Compensation Act (FECA) of 1916 is the basis for the cur-
rent system. 1 The FECA covers all civilian employees of the
United States, except those paid from nonappropriated funds.
Special legislation provides coverage for a number of other
groups outside of the Federal government. All kinds of occu-
pational injuries and diseases are covered by FECA, and the
spectrum of medical issues that are presented for payment can
be complicated. The Department of Labor’s Offi ce of Workers’
Compensation Programs (OWCPs) administers the program.
The costs of the benefi ts paid to the employee are charged
back to the employing agency. Historically, the US Postal
Service has led the list of agencies with the most workers’
compensation chargeback, and the combined Services within
the Department of Defense always follow in the second spot.
The Department of the Navy typically leads all other Services
in total chargeback. The total chargeback fi gure for all Federal
claims from July 2008 through June 2009 was $2.73 billion,
and there were 250,673 claims handled during that period.
New claims totaled 129, 690 of that number. 2 This chargeback
fi gure underestimates the total outlay for workers’ compensa-
tion, because a provision of the FECA allows an employee
injured on the job to receive up to 45 days of pay and ben-
efi ts to stay home and recuperate from an injury. This is paid
directly from the employing agency, and the Department of
Labor does not track that cost.
The increasing cost of medical care, the increase in the
number of Federal employees, the aging American workforce,
and legislatively defi ned benefi t additions over time have all
contributed to a steady increase in the cost of the program. 3,4
The proportion of workers aged 55 years and older is pro-
jected by the Bureau of Labor Statistics to increase by nearly
40 million by 2018, an increase of 43%. 5 This will make it the
fastest growing segment of the working population. Chronic
conditions can be aggravated by occupation and can pre-
dispose workers to increased rates of injury. 3 The burden of
chronic medical problems seen in the older workers will more
than likely have an effect on workers’ compensation cost in all
areas over time. Correctly identifying chronic conditions mas-
querading as occupational illness will present a challenge.
In 2000, Naval Sea Systems Command initiated a program
to limit the Navy’s liability for compensation costs that result
from occupational injuries and illnesses occurring at its bases.
A cooperative ...
Chapter 8Organizational Ethics And The LawThere are lots of JinElias52
Chapter 8
Organizational Ethics And The Law
There are lots of important concepts in this chapter, be sure to read it and take notes, as some are sure to be on the final exam.
Learning Objectives
Describe corporate structure.
Describe a code of ethics for organizations.
Discuss organizational misconduct.
Explain respondeat superior and corporate negligence.
Describe corporate duties and responsibilities.
Describe strategies to restore organizational trust.
Corporate Authority
Healthcare organizations are incorporated under state law.
Governing body.
Duties and responsibilities:
Described in a corporation’s articles of incorporation.
Day-to-day operations are delegated to the CEO.
Fiduciary Responsibility
Express corporate authority
Delegated by statute
Implied corporate authority
Corporate powers not specifically granted in articles of incorporation
Ultra vires acts
Acting beyond scope of authority
Corporate Ethics
Promote responsible behavior
Mission, vision, and values
Build trust
Increase awareness of ethical issues
Provide staff
Code of ethics
Training and education
Commitment by organization’s leadership
Corporate Compliance Program (1 of 2)
Appoint compliance officer.
Develop standards of conduct.
Assign duties, authority, and responsibility.
Communication and education.
Implement monitoring and auditing systems.
Corporate Compliance Program (2 of 2)
Consistency in enforcement of policies and procedures.
Reasonable steps in response to offenses.
Annual audit of compliance program.
Integrity and effectiveness.
Maintain management trust on all levels.
Unprofessional Conduct
Trust and integrity lacking
False advertisements
Concealing mistakes
Surgical procedure cover-up
Appearance may not be reality
Truthfulness in Advertising
Hospitals advertise their quality by how well a third party evaluates them.
Often a brief and cursory 3- to 5-day visit
Scores as high as 100 were often posted on billboards and/or in local newspapers.
One young lady told me, “This hospital [in a small rural town] scored 100. they have the nerve to publish this. They killed my mom. I wouldn’t take my dog there.”
Corporate Negligence
Occurs when a corporation fails to perform duties and responsibilities it owes directly patients, visitors, and staff.
If a duty is breached and a patient is injured as a result of that breach, the corporation can be liable for a patient’s injuries under the theory of corporate negligence.
Benchmark Darling Case
In Darling v. Charleston Community Memorial Hospital, the court enunciated a “corporate negligence doctrine” under which hospitals have a duty, for example, to provide adequately trained medical and nursing staff.
Respondeat Superior
Legal doctrine holding employers liable for wrongful acts of their employees.
Doctrine also referred to as vicarious liability.
For liability to be imputed to the employer:
A master–servant relationship must exist between the employer and the employee. ...
Visit us at www.insurancecommunitycenter.com to find the recorded presentation with the narrator!
Flip through the slides of this presentation and find out:
What does AB 2774 do?
What does it mean to the employer?
What are the implications?
What steps can an employer take to be pro-active and prepared?
What impact could this new law have on brokers?
Contact@insurancecommunitycenter.com
1. Assignment #4 - Case Study: Moral Rights in the Workplace
Problem Definition
To address the actual needs and circumstances of workplace injuries causing workers to suffer from chronic pain and potential
permanent disability within the Workers’ Compensation Board (WCB).
Background Information
Cory Nagy injured his knees at work lifting a side of beef. An MRI showed massive tearing of the meniscus (cartilage) underneath the
knee requiring surgery. Cory Nagy suffered from acute damage severely limiting his ability to work in his existing capacity
considering that the weight of a side of beef ranges from 150-250 lbs. Also as a result of this work related injury Cory Nagy now
suffers from chronic pain.
Based on Jessica Nagy’s summary of her husband Cory Nagy’s situation it can be presumed that the Employer, Union, Workers’
Compensation Board and the Ministry of Labour Adjudicator consider her spouses injury to be a standard injury and provided him
with a Functional Restoration Program. The medical proof of the MRI and subsequent indicators of chronic pain suggests that these
stake holders have taken the position of denying the reality of his pain reinforcing widespread negative assumptions held by many of
the key stakeholders of this process.
Concerns of Key Stakeholders
The Key Stakeholders consist of and are concerned with:
Cory Nagy is concerned with obtaining fair treatment and compensation for his work related injury.
Doctors:
The WCB doctor would appear to have made a biased judgment in favour of his employer (WCB) possibly causing Cory
Nagy more harm.
The other doctors and surgeons concerns seemed objective and related to the injury.
Workers’ Compensation Board (WCB), Ministry of Labour Adjudicator, Ministry of Labour, Employer
Union stakeholders appear to be concerned with following a narrow interpretation of the WSIB scheme and guidelines without regard
for Cory Nagy’s actual circumstances.
Strategic Goal
Improve the circumstances of a disadvantaged group while continuing to challenge the provisions of this WCB scheme. Supreme
Court of Canada (2003, October)
Objectives
Address the needs of workers who, despite treatment, remain permanently disabled by chronic pain. Improve the circumstances of
this more disadvantaged group. Acknowledge the reality of the pain suffered by the affected workers. Eliminate the widespread
negative assumptions held by many of the key stakeholders of this process. Supreme Court of Canada (2003, October)
Analysis
The findings of the Supreme Court citation: Nova Scotia (Workers’ Compensation Board) v. Martin, Nova Scotia (Workers’
Compensation Board) v. Lauer presents the most compelling and ethically based decision regarding differential treatment of injured
workers suffering from chronic pain and potential permanent disability. The current scheme for measuring and evaluating an injured
workers WCB claim is faulted in that it does not recognize the unique nature and limitation of chronic pain. Although quantifiable
2. medical assessments can support Cory Nagy’s impairment, this fact remains ignored and denied. In addition to this, obvious
prejudices among many of the key stakeholders of this process are widely apparent. For example, the Doctor in particular assigned to
Cory Nagy’s case by WCB appears to have caused him more physical harm than good while the entire process is clearly emotionally
and financially damaging to Cory Nagy.
A fair, more considered and reasonable system is required to ensure that this abuse of authority and power is not perpetuated. As well,
an obligation is required to ensure that medical and professional representatives facilitating this process are competent. An
accountability system, such as the College of Physicians and Surgeons could also serve as a deterrent for regulating and penalizing
unethical and exploitive behavior like we see in this case.
Alternatives (Action Steps)
Accept the findings of the WCB with the associated financial hardships and indignities.
Obtain legal counsel. File a duty to fair representation claim against the union for misrepresentation. File an appeal citing Nova
Scotia (Workers' Compensation Board) v. Martin and other related cases complete with supporting documentation and records of this
case. Also, file a complaint with the College of Physicians and Surgeons regarding the conduct of the WCB doctor.
Evaluate Alternatives
The first alternative offers no satisfactory re-course. In addition to the chronic pain, financial hardships and the general
indignity of being unfairly treated will be a constant stress.
The second option requires considerable commitment and effort that may be challenging physically, emotionally and financially. The
issue of chronic pain may not be corrected but financial status and dignity can be restored. Additional benefits include:
Becoming a champion of other workers permanently disabled by chronic pain.
Assisting in the elimination of the widespread negative assumptions held by many of the key stakeholders of this process.
Recommended Action
Obtain legal counsel, appeal this decision as discriminatory and challenge the constitutionality of the applicable guidelines, which
attributed the relevant permanent impairment rating to the injuries. File claim against the union if required for failure to provide fair
representation. Also, consider filing a complaint with the College of Physicians and Surgeons regarding the conduct of the WCB
doctor.
3. References
Supreme Court of Canada (2003, October). Citation:Nova Scotia (Workers' Compensation Board) v. Martin; Nova Scotia (Workers'
Compensation Board) v. Laseur, 2003 SCC 54, [2003] 2 S.C.R. 504. Retrieved July 10, 2011 from
http://scc.lexum.org/en/2003/2003scc54/2003scc54.html.