The Business Review (Albany) - 2:08 PM EDT Thursday
Gov. George Pataki has rejected a bill that would have added Lyme Disease to the list of occupational diseases for the purposes of workers' compensation eligibility in New York state.
The governor, who had the disease, said the Workers' Compensation Board and the State Insurance Fund both told his office that the board already has the discretion to consider Lyme Disease an occupational illness depending on the circumstances of individual cases.
He said that bill naming the kinds of workers who would be eligible for benefits might preclude workers in other occupations from receiving benefits on bona fide claims. The legislation would have defined eligible workers as those involved in "farming, landscaping operations, tree pruning, spraying, repairing, or related occupation which creates exposure to Lyme Disease-carrying organisms or care or handling of animals."
Pataki said the Workers' Compensation Board told him it has granted benefits for Lyme Disease absences to workers in construction, towing and other industries not mentioned in the legislation.
"Since existing law already provides the board with the authority to award benefits to workers who contract Lyme Disease in the course of their employment, I am reluctant to approve any measure that could be interpreted as limiting such authority," Pataki said in a veto message released by his office Thursday.
Lyme Disease is carried by deer ticks. It can deliver a debilitating neurological blow to its victims. Antibiotics are used to treat the disease, once it is properly diagnosed. [end quote]
I hadn't heard of this bill. Any NY people have a comment? Ann - OH
Michelle M
Frequent Contributor (1K+ posts)
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posted
Intriguing...
I would be interested to see who is backing the bill.
Who sponsors it? If insurance companies back it, then it's a BAD THING.
That often tells the story.
For now, I'm tending to agree with the governor, till I hear more.
Because it certainly MIGHT be an underhanded way to try and LIMIT coverage to only the obvious groups, and not to others.
Lobbyists and bill-writers are really tricky and routinely pull such crap on voters, frequently with success.
Michelle
Posts: 3193 | From Northern California | Registered: Apr 2005
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Aniek
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I would want a real analysis of how many people were granted or denied workers comp for Lyme compared to other illnesses and accidents.
It is true that you don't want to pass legislation that cuts people off. I have heard of prison guards contracting Lyme on the job.
But you also want to make sure that they really are considering Lyme and giving the benefit to people with Lyme.
-------------------- "When there is pain, there are no words." - Toni Morrison Posts: 4711 | From Washington, DC | Registered: Mar 2004
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northstar
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"The governor, who had the disease, said the Workers' Compensation Board and the State Insurance Fund both told his office that the board already has the discretion to consider Lyme Disease an occupational illness depending on the circumstances of individual cases."
Two items catch my eye here: 1. "State Insurance Fund": insurance industry; no explanation needed here. 2. "discretion"........that has a whimsical nature to it, kind of arbitrary, rather than mandatory. Perhaps done to avoid the issue of "legalizing lyme" as a real entity, which would have consequences.
Northstar
Posts: 1331 | From hither and yonder | Registered: Sep 2005
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hopeful123
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posted
hey guys
i'm from new york and Gov. Pataki will be out of office after two terms, in January. I am not so sure that any of us can guess what the new governor will think about lyme.
just for your information
hopeful123
-------------------- some days you're the bug, some days you're the windshield Posts: 1160 | From NY | Registered: Oct 2002
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Ann-OH
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posted
And Pataki is being watched as a possible Republican Presidental Candidate, too.
Michelle M
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posted
Stuff like this raises my hackles really bad.
I happened to have off work today and have been really bothered by this attempt to totally mislead people. It is in fact an out and out attempt to DENY coverage for people with lyme who DON'T happen to fall within these prescribed occupations.
I'm so glad the governor vetoed this.
Fortunately, lobbyists are forced by law to register before they go selling their bill of goods to their back-slapping Republican buddies.
Finding this was a bit of a stretch since they cleverly hid it under individual lobbyists rather than under corporate, where it belongs.
Dirtbags.
Go, Governor!!!!
Michelle
_________________________________________
S718-A LAVALLE Lobbyist Query Please enter lobbyist search parameters below
Registration Year: Lobbyist Name: Client Name: Business Nature: City / State: / Type of Lobbying: Bill Number: Procurement Contract Title/Identifying Number: Compensation (Income) Level: any equals to greater than less than in range of and Expense Level: any equals to greater than less than in range of and
Query Results
Year Lobbyist Name Client Name 2005-2006 AMERICAN INSURANCE ASSOCIATION
2005-2006 HARTER SECREST & EMERY, LLP ASSOCIATION OF SAFETY GROUP MANAGERS
Posts: 3193 | From Northern California | Registered: Apr 2005
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northstar
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posted
Nothing in paragraph {thirty} THIRTY-ONE of this subdivision shall be 16 construed to apply to any disability or death due to any disease 17 described in paragraph twenty-nine of this subdivision--- ---------------------------
hmmmmm, now that is interesting.
Northstar
Posts: 1331 | From hither and yonder | Registered: Sep 2005
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quote:Originally posted by cave76: (LYME BORRCLIOSIS)
Who misspelled borreliosis??
-------------------- --Lymetutu-- Opinions, not medical advice! Posts: 96223 | From Texas | Registered: Feb 2001
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bettyg
Unregistered
posted
Many things caught my eye in this one but DISCRETION was my biggest one!
Pataki has been in IOWA way too much getting ready for 2008 election campaigning especially at our IOWA STATE FAIR meeting/greeting so many. Bettyg
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lymie tony z
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I think an appropriate question here would be...
Hey! Any of you lymies that live in New York ever get unemployment compensation due to lyme disease caught on the job???
According to Pataki...this board already HAS guidelines for awarding this compensation...right?
Then maybe the next question is...how does one PROVE they have lyme disease...
and harder still...
how does one PROVE they got it ON THE JOB??
Has ANYONE in New York gotten SSDI benefits in the state of New York ONLY because of lyme disease??? Is it in fact recognized as a "bonafide" disability??
zman
-------------------- I am not a doctor...opinions expressed are from personal experiences only and should never be viewed as coming from a healthcare provider. zman Posts: 2527 | From safety harbor florida(origin Cleve., Ohio | Registered: Jan 2004
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Ann-OH
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posted
TonyZ always goes right to the heart of the matter!
Great question, Tony!
I do know railroad workers who were infected with Lyme disease while at work on Long Island won a case against the State of NY several years ago.
I don't know if that case caused any changes in the Workers Comp policies or not.
I would love to hear from anyone who lobbied for or against this bill, as well as any individual who was awarded Workers Comp for getting Lyme on the job.
Michelle M
Frequent Contributor (1K+ posts)
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posted
quote:Originally posted by Michelle M:
_________________________________________
S718-A LAVALLE
Lobbyist Query 2005-2006 AMERICAN INSURANCE ASSOCIATION
Pardon my lack of faith in the insurance industry but if they are lobbying in FAVOR of this bill, that's about all the information that I need, thank you very much.
Michelle
Posts: 3193 | From Northern California | Registered: Apr 2005
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Ann-OH
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posted
I don't know whether this is for the benefit of the insurance companies or not.
I am not defending the insurance company or lobbying of any sort, but... Isn't a "query" just a question? Wouldn't they question everything?
lymie tony z
Frequent Contributor (1K+ posts)
Member # 5130
posted
I'm trying to bump this up cuz there does'nt seem to be ANY New Yorkers on unemployment disability...
Or workers compensation due specifically to lyme disease...
There's gotta be some lymies from New York with info on this.......
Or existing provisions for this are'nt worth the powder to blow them to hell!
Where ya all at???
zman
-------------------- I am not a doctor...opinions expressed are from personal experiences only and should never be viewed as coming from a healthcare provider. zman Posts: 2527 | From safety harbor florida(origin Cleve., Ohio | Registered: Jan 2004
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posted
Yes, there was a case, a NY firefighter who won her case. Can't remember the name or other details. Or was she an EMT? Kinda fuzzy in my memory at this point. A story about this was in the Lyme Times. Anyone who really wants to know can look it up in their archives online.
Posts: 8430 | From Not available | Registered: Oct 2000
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Michelle M
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posted
quote:Originally posted by Ann-OH: I am not defending the insurance company or lobbying of any sort, but... Isn't a "query" just a question? Wouldn't they question everything?
Ann - OH
Hey Ann-OH. No, the "query" part is ME typing into the database asking the question!! I.E., 'querying' the database for lobbyists on such-and-such a bill.
Michelle
Posts: 3193 | From Northern California | Registered: Apr 2005
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