Friday, August 29, 2014

JOHN ANTHONY SBARBARO, M.D., M.P.H.



JOHN ANTHONY SBARBARO, M.D., M.P.H.

It is the three year anniversary of my father’s passing and we thought you would enjoy the article from the O’Toole Report published shortly following his death three years ago.

John A. Sbarbaro

        It is with great sadness that we inform our readers of the passing of John Anthony Sbarbaro, M. D., M.P.H., on August 30, 2011.  John often stated he was the luckiest man in the world and passed in the presence of many friends and family.

        John was the grandson of immigrants from Italy.  His grandfather Antonio Sbarbaro landed on the shores of Louisiana in 1880 (prior to the creation of Ellis Island) and quickly set up business as an organ grinder.  Shortly, thereafter, Antonio’s monkey died and he moved to Chicago to set up Sbarbaro and Co., the City of Chicago’s first and oldest Italian-American owned funeral business.  On March 9, 1886, he renounced his loyalty to the King of Italy and was sworn in as a U.S. citizen.

        Sbarbaro and Company located at 708 N. Wells St. was established in 1885 and its doors remain open to this day.  John was proud of the fact that Sbarbaro and Co. has served all segments of the community in Chicago, having buried respectable members from such families as the Wrigleys of chewing gum fame to such notable gangsters as Earl “Hymie” Weiss and Daniel O’Bannion. The Sbarbaro Funeral Home’s original telephone number was SUPERIOR 0094. It was 0094 because it was the 94th telephone number assigned in the City of Chicago. That number, now (312) 787-0094, remains the phone number for the Sbarbaro Funeral Home.  If you have any family members in the Chicago area who are soon to depart this world, please feel free to contact that number for your end of life needs.

        John was born in 1936 to Anthony and Marie Sbarbaro.  John was raised in the city of Chicago, Illinois, where he met his high school sweetheart, and wife of 50 years, Marlene.They attended nearby colleges in Minnesota.  Marlene graduated from Saint Theresa and John graduated from St. Mary’s College.  John and Marlene were married on August 26, 1961. In 1962 John then went on to earn his medical degree from Johns Hopkins School of Medicine and his Master in Public Health from the Harvard School of Public Health in 1968. They have three children and seven grandchildren.

        With his formal education complete, between 1965-1986, Dr. Sbarbaro served in several capacities at the Denver Department of Health and Hospitals, but primarily as the Director of Public Health and Preventive Medicine.  Since 1969, Dr. Sbarbaro has served in many capacities at the University of Colorado Health Sciences Center, School of Medicine, where he held professorships in the Departments of Medicine and Preventive Medicine and finished his career there as the Medical Director of University Physicians, Inc.  Between 1986 and 1989 Dr. Sbarbaro was the Vice President for Medical Affairs at St. Anthony Hospital Systems.  Since 2008 he has been the Medical Director at the Leprino Foods Company. He retired in 2000 as a Colonel in the United States Army Reserve Medical Corps.

        In spite of all his formal education and physical separation from his childhood home in Chicago, John never left his true roots in how he resolved disputes. For example, in the early 70’s when St. Anthony’s Hospital and Denver General were competing for trauma patients, St. Anthony’s rejected an agreement that would keep its ambulances out of the city in return for the City and County of Denver staying out of the suburbs. Shortly after negotiations broke down a St. Anthony’s helicopter landed in the City and County of Denver and its ambulance blade was quickly bumped by a passing Denver General Hospital Ambulance.  The Chief Operating Officer for St. Anthony’s contacted John, and the following exchange took place.  “John, your ambulance bumped by helicopter.”  John responded, “God, Dutch, I am so sorry you know we have a lot of clumsy ambulance drivers, and of course, we are going to have an ambulance there every time you land in the City and County of Denver.  I sure hope this doesn't happen again, but I can’t promise it.”  Shortly thereafter, an agreement was reached were St. Anthony’s would not land its helicopter in the City and County of Denver and Denver General  ambulances did not go into the suburbs. ¹

        Throughout the years John explored the world with Marlene and together they visited, among other places, Israel, Italy, Switzerland and Russia.  He enjoyed spending time playing golf and getting together with family and friends.  He also spent a lot of time enjoying the company of his seven grandchildren.  Many of his friends have remained the same since he moved the family to the west suburbs in Lakewood, Colorado, in 1968.

        Dr. Sbarbaro was a world renowned expert in the field of Tuberculosis. During his career he worked with the Centers for Disease Control, the World Health Organization, the Institute of Medicine, the U.S. Institute of Allergy/Infectious Disease and the Institute of Heart/Lung, the Department of Health and Human Services, and the Food and Drug Administration.  He authored 18 book chapters and more than 160 journal articles.

        Often Neil or I would call my Dad to run medical issues by him.  His views were always unbiased, to the point, and clear in their direction.  His influence and guidance upon my career continues to this day.  I value the time spent in his presence and treasure the counsel he provided.  He will be dearly missed.


1 Eilenn Welsome, Healers and Hell Raisers, Denver Health’s First 150 Years.  (Denver: Paros Press, 2011). Page 147-148.

School of Medicine - University of Colorado, Article on John Anthony Sbarbaro

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Tuesday, August 19, 2014

New Obama "Fair and Safe Workplaces" law: All hail the new safe workplace?

Controversy reigns over the "Fair and Safe Workplaces" Executive Order that Obama signed into law on August 5th

Those with labor law violations may be forced to disclose them publicly in order to secure big contracts. This can be a bit of a game-changer when it comes to deciding whether to bother contesting smaller OSHA citations. Whereas companies may've previously decided sometimes that it wasn't worth the bother--just pay the fine and be done with it--in light of this new law it may be worth it to contest them in hopes of wiping the record clean.

The other faction argues that this scores another Obama coup for the common worker, that it may help create a safer workplace.

“This is one of the most important positive steps for civil rights in the last 20 years,” says Paul Bland, executive director of Public Justice, a public-interest law group.

That may be a reference to the second part of the new law, which states that companies with federal contracts exceeding a cool million cannot force employees into arbitration and out of the limelight of court. But not everyone with a voice uses it for just purposes.


Original Source

Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, August 18, 2014

NFL Wearables Could Be the Personal Black Box for Workplace Accidents

I can't believe I am talking about "wearables" for the second time in a week. I wrote about this on Monday with a discussion on the impact wearable technology will have on medical services and workers' compensation. I figured I was done with it for a while. Yet here we are again, and this time with one whiz bang idea for solving that pesky investigation issue that surrounds every workers' compensation claim.
This idea will clearly get me that Nobel or Pulitzer Prize. Either one. I’m not fussy.
It came to me just this morning, while I was reading an article about the NFLboosting their statistics tracking and accuracy with the use of RFID tags in the players shoulder pads. It seems these amazing little chips will allow NFL statisticians to know "real-time position data for each player", as well as "precise info on acceleration, speed, routes and distance". This is part of the NFL's "Next Gen Stats" initiative fortheir fans.
For those who are unaware, RFID (Radio Frequency Identification) technology is the hot new thing. Essentially an RFID tag contains a passive ID chip that can be activated by receivers as it passes near them. It requires no battery power, and is highly reliable. Stores like Walmart now use them extensively to track and monitor inventory changes. Even my Florida SunPass tag uses one. The small sticker on my windshield allows me to zip through tolls and access parking at Tampa International Airport without talking to anyone or even rolling down my window. Of course, it also allows the state to bill me for that activity, and serves to notify the NSA that I am on the move again. But they probably already knew that. The complete loss of privacy is a small price to pay for not having to chat up a friendly toll taker.
I am so glad the NFL has gone with RFID. It is a much more reliable technology than those old scanner barcodes. That was a disaster - having to get the player to run into the end zone 6 times before the scanner could capture the touchdown - but I digress.....
While the source article was prattling on about all the useless stats fans could now have access too, I was thinking in an entirely different direction. I recognized that the NFL has inadvertently invented the personal "Black Box" for workplace accidents. Think about it. This is a technology that could be employed in offices and factories all over the country.
Employers could easily monitor "real-time position data for each employee", as well as "precise info on acceleration, speed, routes and distance" as they move throughout the day. An RFID enabled wearable could tell accident investigators if an employee was running when they slipped and fell down the stairs, as well as how many rotations they took as they progressed to the bottom.  They could determine that an employee was idle in the break room at the time they claimed to be straining their back on the loading dock.  And biometric sensors added to the RFID wearable could actually cross reference stress levels and physiological indicators to the time and location of the accident, giving a clearer view of events than ever before possible.
It is just like data used from airplane black boxes to reconstruct what actually happened to cause an accident. I am telling you, this technology could be a tremendous boon for risk managers and accident investigators everywhere. But why should they have all the fun?
Safety professionals could leverage the same technology to prevent accidents in the first place. Restaurant servers would no longer have to yell “corner” or “door” when traversing areas with visual limitations. Their RFID enabled monitors would send real time location updates of other employees in the vicinity to their heads up display located within their Google Glass. The system would issue potential collision warnings similar to those in today’s aviation industry.  I’m telling you, Big Brother really may have all the answers after all.
Unless, of course, all the employees were watching internet porn on their Google Glass heads up display, and no work would get done anywhere. On the plus side, biometric sensors should pick up signs of unauthorized porn viewing, so it may be controllable after all.
The remaining challenge will be the design and implementation of the RFID Biometric Wearable Devices. Will they be embedded in the work clothes or uniforms, in bracelets, necklaces or other accessories, or simply implanted in our skulls? For the record, I do not recommend the skull implant method. My wife tells me my skull is so thick, the signal could never get out. Also, multiple sensors may need to be deployed on every employee, such as in shoes and on the head. This would be helpful for a truly accurate rotation count on those extended fall injuries.
So in the end, we may all be wired to the hilt, with no more need to verbally communicate in the workplace. But we will have our personal Black Boxes. We’ll all end up as fat people in our little floaty chairs. But damn it, if we oversensored tubbos have a collision, thanks to wearable technology, investigators will have a much clearer idea of what went tragically wrong.
And even though it is somewhat creepy and I am largely joking, I think we may actually have something here. Black Box Wearables. Coming soon to a workplace near you.
Original Source

Attorneys Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, August 11, 2014

Checks and Maximum Medical Improvement (MMI)

From the archives of the Law of Office O'Toole & Sbarbaro, P.C.

Checks after MMI:

            Remember, in your workers' compensation claim any checks you receive after you reach maximum medical improvement (“MMI”) are considered a credit against your permanent impairment. To our clients: If you receive a check for lost wage benefits after your date of MMI, it should have been sent to our office.  If it is sent to you, would you please bring it to our office, as fees and costs need to be recovered from that check.

Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Tuesday, August 5, 2014

Texas Adopts NCCI Statistical Plan For Workers Compensation And Employers Liability Insurance With Exceptions

Austin, TX (WorkersCompensation.com) - The commissioner of insurance issued Commissioner’s Order No. 3455, dated July 29, 2014, adopting the National Council on Compensation Insurance (NCCI) Statistical Plan for Workers Compensation and Employers Liability Insurance with Texas exceptions, as proposed by the May 30, 2014, TDI staff petition (Reference No. W-0514-03-I), with no amendments. Carriers do not have to make a filing with TDI to use the NCCI Stat Plan with Texas exceptions.
The commissioner determined that adopting the NCCI Stat Plan with Texas exceptions is necessary to continue the process of Texas becoming an NCCI state for workers’ compensation purposes; help align workers’ compensation statistical data reporting requirements between Texas and other NCCI states; and replace the outdated Texas Workers’ Compensation Statistical Plan (Texas Stat Plan) with a plan that provides more detailed information, particularly with regard to workers’ compensation losses.
In addition to requiring more detailed information, particularly with regard to losses, there are several new requirements in the NCCI Stat Plan with Texas exceptions that are not part of the current Texas Stat Plan. The main differences between the NCCI Stat Plan and the Texas Stat Plan reporting requirements pertain to:
• electronic filing of statistical data
• fraudulent claims
• noncompensable claims
• accidents with one claimant and reportable losses under both workers’ compensation and employers’ liability
• deductible options and deductible credits
• the number of subsequent reports required for updating losses
• Nonextraordinary Loss Events
• Extraordinary Loss Events
• updated pension tables to use in setting case reserves of incurred indemnity amounts for certain workers’ compensation claims
• an expanded list of fees and expenses included as part of the Allocated Loss Adjustment Expense and the Unallocated Loss Adjustment Expense, and identification of whether a claim was administered by a workers’ compensation certified health care network.
Many carriers are already complying with the expanded reporting requirements, rather than submitting only the minimum information that the Texas Stat Plan requires. The carriers reporting in the expanded format in the NCCI Stat Plan would continue to report in that format after the commissioner adopts the NCCI Stat Plan with the Texas exceptions. The main differences listed above may require carriers to report additional data or to report data in a different way. Carriers have the option of entering the unit reports using NCCI’s online system, which is available at no cost to the carrier. Carriers choosing this method avoid system changes and the associated costs.
The order specifies that the Texas Stat Plan will remain in effect for reporting statistical data only for Texas workers’ compensation policies with an effective date before 12:01 a.m. on January 1, 2015. All carriers are required to use the NCCI Stat Plan with Texas exceptions for reporting statistical data for all Texas workers’ compensation policies with an effective date on or after 12:01 a.m., January 1, 2015.
Finally, the order states that, as provided in Commissioner’s Order No. 3142, dated March 21, 2014, the commissioner will consider any proposed future revisions to NCCI’s manuals, including the NCCI Stat Plan with Texas exceptions, under either the procedure established in Insurance Code Article 5.96 or the following procedure: 1) NCCI makes a filing; 2) TDI publishes notice of the filing on the TDI website and distributes notice of the filing to subscribers to TDI’s electronic newsletters, with at least a 30-day period for interested persons to submit comments or request a hearing; and 3) the commissioner issues an order approving the filing, approving the filing with changes, or rejecting the filing.
Commissioner’s Order No. 3455 is effective on July 29, 2014, which is 15 days after the notice of adoption of the NCCI Stat Plan with Texas exceptions will be published in the Texas Register. Click on the link below to review the order in its entirety.
Attorneys Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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