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N.Y.’s workers’ comp surcharge highest in nation

Rochester Business Journal
February 23, 2012

A surcharge added to workers’ compensation costs for New York employers is nearly five times the average surcharge in other states, the Workers’ Compensation Policy Institute said this week.

The state has increased the assessments by 10.4 percent and 27 percent in the last two years, a WCPI analysis shows.

Some 32 states impose surcharges on workers’ compensation costs, with an average assessment of 4.2 percent, WCPI officials said Wednesday. New York’s assessment is 20.2 percent.

New York’s assessment is 127 percent higher than the second-highest assessment, 8.9 percent in Minnesota, WCPI officials said.

“This tax burdens all employers, and municipal employers feel this mandate especially acutely as the struggle to provide essential services and contain taxes,” WCPI acting executive director Paul Jahn said in the statement. “This pressure is intensified by the new 2 percent property tax cap.”

States fund their workers’ compensation systems in various ways with assessments on premiums paid by employers being the most common method, WCPI officials said.

Workers’ Comp Surcharge Cost Burden to N.Y. Employers: Study

The assessment surcharge added to workers’ compensation costs for New York employers is increasingly becoming a burden for businesses, according to a new study.

In New York State, the assessment surcharge is currently 20.2 percent — which is more than double that of the second most expensive state in the nation (8.9 percent in Minnesota). It is also nearly five times greater than the 4.2 percent average assessment levied by states. Currently, 32 states impose such assessments.

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These assessments are essentially a tax on workers’ compensation premiums and are used by state governments to fund the system, according to the study from The Workers’ Compensation Policy Institute.

Over the last two years, New York State increased this tax by 10.4 percent and 27.5 percent respectively. While states are free to choose various methods for funding their individual workers’ comp systems, the most common method is to impose an assessment or tax on premiums paid by employers, the study noted.

In New York’s surcharge, 10.1 percent on premium is assessed to fund the “Special Disability Fund.” This accounts for half of New York’s assessment charges, the study stated.

The second largest assessment, 5.7 percent of premium, is used to fund the “Reopened Case Fund” — this fund assists with claims that have been closed but later reopen. The third largest assessment, 3.2 percent of premium, is the cost that employers pay for the state to administer the Workers’ Compensation Board. The study said New York’s administrative costs are quite high and, in fact, exceed the total cost of assessments in all the comparable states except Connecticut.

The study is available online at The Workers’ Compensation Policy Institute’s website.

13 Ways to Beat Back Pain Check out these low-cost, drug-free remedies

If a stint in the garden, or an overlong plane ride, sends your back into spasms, you’re not alone: 80 percent of adults will suffer from back pain at some point in their lives, according to the National Institute of Arthritis and Musculoskeletal and Skin Diseases.

Long work hours in one position can make us ache, as can day-to-day stresses that make us unconsciously stiffen. Inactivity can lead to weakness and stiffness.

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Woman stretching before a swim. Avoid or correct back pain without drugsCan’t stand that backache anymore? Try swimming. It puts less stress on your back then other sports. — Photo by Corbis

Even the simple habit of walking upright — our human birthright — adds to our back problems. “It puts a lot of stress on the body’s core, which contains the spine,” says Julie Silver, M.D., assistant professor at Harvard Medical School’s Department of Physical Medicine and Rehabilitation and author of You Can Heal Yourself. As your spine ages, “you may get arthritis or slight bulges in the disks, or narrowing of the spinal canal, which can put pressure on the nerves.”

Treatment options can, of course, include medications and surgery. “If you can get similar outcomes with less invasive and potentially safer interventions, those should be your first choices,” says Adam Perlman, M.D., executive director of Duke Integrative Medicine at Duke University in Durham, N.C..

Talk to your doctor about some of these nondrug options for back pain:

  • Work with a pro.Physical therapy can focus on strengthening core muscles” — the major muscles of the stomach and back — “and improving flexibility as well as stabilizing the spine,” says Silver. She suggests physical therapy twice weekly for four to eight weeks, plus an individualized home exercise program.
  • Get moving. “Do activities — long walks, biking, swimming — where you raise your heart rate and break a sweat at least three times a week,” says Norman Marcus, M.D., a pain medicine specialist at New York University School of Medicine and author of End Back Pain Forever: Without Surgery or Drugs. “That helps back pain by blowing off stress and increasing the capacity of muscles to withstand prolonged activity. Without endurance, your muscles fatigue more easily and you’re more likely to get injured.”
  • Stay strong. “As we get older we start to lose muscle,” says Marcus. “Weight training helps us preserve muscle, including those that support the spine.” If you’re unfamiliar with weight training, Marcus recommends working with a physical therapist or exercise trainer who can arrange a personal program for you.

Healing Yourself After Injury, Illness, or Surgery

During the year or two after surgery or treatment for a serious medical problem, many people find they need help to feel better emotionally and physically but don’t know where to turn. In You Can Heal Yourself (St. Martin’s Paperbacks, 2012), Dr. Julie Silver, assistant professor of physical medicine and rehabilitation at Harvard Medical School and chief editor of books at Harvard Health Publications (which publishes Harvard Women’s Health Watch), details practical steps you can take for optimal healing. Her recommendations are based on research and, says Dr. Silver, “years of listening to my patients tell me what helps them and what doesn’t.” We talked to her about some of the ideas behind You Can Heal Yourself.

Why did you write this book?

When I was in my 30s, I was diagnosed with breast cancer and went through treatment and was really sick. When I was done with treatment, I was told to go back to work, but I was too sick to go back to work. At the time, cancer rehabilitation wasn’t an option where I’d been treated, and I had to figure out how to heal myself. One of the biggest obstacles is that it can take a long time. Insurance doesn’t always pay for treatments, and there aren’t always enough resources. So people really are left to heal on their own.

You say “cancer rehabilitation.” What is that?

For every serious illness or injury except cancer, people are offered rehabilitation medicine interventions — physical therapy, for example — provided by board-certified and licensed professionals and covered by insurance companies. But if you ask most cancer survivors if they were ever offered rehabilitation, if there was ever a team that got together to help them recover, the answer for the most part is, no, they figured it out on their own. So there’s this huge gap in cancer care.

So what does cancer rehab look like?

It looks like a lot of other rehabilitation. Let’s say someone has had a stroke. You wouldn’t say, “Well, go to a yoga class or to an exercise class!” So we’re talking about physiatrists [physicians who use nonsurgical approaches to reduce pain and improve function], physical therapists, occupational therapists, speech and language pathologists, and other rehab professionals. For example, research has shown that people with head and neck cancer often stop driving during treatment and never start driving again. That’s usually because they have range-of-motion issues in the neck. They can’t turn their heads, they can’t work, they can’t be out in the community. But from a rehabilitation medicine point of view, that’s a very simple fix. There are a lot of interventions to help with that.

You talk about “the Healing Zone.” What is that?

That’s a place where you’re recovering [from illness, surgery, or treatment] and you can work toward healing goals. But it’s also a place where people can get stuck and not heal as well as possible, instead accepting a higher level of pain, fatigue, disability, or emotional distress than they need to. In cancer, there’s this saying, “Accept the new normal.” And what I always say is, “Don’t accept a new normal too soon.”

You say the first step is to listen to your healing voice. How do you recognize it?

Most of us learn not to pay too much attention to every ache and pain and change, lest we become hypochondriacs. And it’s a good strategy. You can’t be constantly focusing on every little aspect of how your body feels. But when you’re trying to heal, you have to start paying attention. You need to start saying, “Okay, what is my body really telling me, and how do I need to work with it?” Fatigue is a good example. When am I tired? Am I tired first thing in the morning? If so, there’s a good chance I didn’t sleep well last night, because sleep should restore me. If I feel great in the morning but hit a low point midday, what was my diet like? Did I really nourish my body to feel good midday? The same goes for pain. Where is it? What does it feel like? What makes it better, what makes it worse, how long does it last, and so on. In the book, I tell people to keep a three-day log of activities and when they have pain and fatigue — the two main symptoms that keep people from functioning as well as possible. It gives them so much insight and really helps them figure things out.

What are the biggest obstacles people face as they heal?

One of the biggest obstacles is understanding that you need to set aside time and energy for healing. I ask people, “What are your most important healing goals?” And they’ll say, “I’d like to be able to walk a mile,” or “I want to lose 10 pounds,” or “I want to sleep through the night.” Then I’ll ask, “What three things did you do last week to accomplish your most important healing goals?” And they start laughing. They realize there’s a mismatch between their to-do list and the things that are most important to them. It’s true for everyone. We say something is really important to us, but along come chores, errands, work, and other things — and all of a sudden, we haven’t done anything about our most important goals.

How do you make time for healing?

You can take a rehab approach, which is short-term and long-term goals. What can I accomplish today or in a week? What can I accomplish in a month or two? Just try to achieve those goals. You may fall short. And that’s also important, to understand that just because you don’t reach a goal doesn’t mean it’s a failure. It just means you need to reset that goal or re-evaluate or change it.

What do you say to encourage people to keep trying?

I share with them how healing works. It doesn’t work in a linear way, where you’re sick, and then better, better, better, done. There are lots of zigs and zags, where you get better — two steps forward, one step back — or you plateau. Healing plateaus and setbacks are totally normal and expected. Health care providers understand that, but patients get upset because they may not see how well they’re doing. All they see is this setback or that plateau. Sometimes you can’t see your progress, it can be so subtle. But then you need to look back and ask, “Where was I a month ago?” Short-term successes lead to long-term success. When you can change the conversation from failure to success, it’s huge in terms of an understanding and commitment to doing more.

NYC man guilty of assault in subway-train injury

NEW YORK — A man accused of shoving a woman into the side of a moving New York City subway train has been convicted of assault.

Jose Rojas’ (ROH’-hahs) was acquitted Friday of attempted murder.

The prosecution had alleged that Rojas walked up to victim Ute (OO’-tah) Linhart on a subway platform and pushed her into a train as it rushed into a station in August 2010.

Both sides said Rojas was drunk from downing beers after work.

The defense said Rojas stumbled into Linhart.

The impact hurled the German-born Linhart back toward the platform. She suffered broken ribs and other injuries.

Rojas faces up to 25 years in prison. His sentencing is set for March 16.

 

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