Missouri House Bill 580 Line of Duty Compensation Act, a bill for Families of Emergency Personnel Killed in Action was signed into law by Missouri Governor Jay Nixon. The bill provides benefits to the families of state emergency personnel killed in the line of duty.
The Governor was joined at the bill signing by a bipartisan group of state legislators, representatives of law enforcement and firefighting agencies and organizations who worked together to bring the bill to the governor’s desk.
Claims may be filed with the state’s Division of Workers’ Compensation on behalf of a law enforcement officer, firefighter, emergency medical technician, air ambulance pilot or air ambulance registered nurse killed in the line of duty for a benefit of $25,000.
The bill contains an emergency clause meaning the new law took effect upon the Governor’s signature.
Any benefits paid under the new law are in addition to any other benefits a claimant may also be entitled to. (workersxzcompxzkit).
To determine eligibility claims, the bill defines “killed in the line of duty” and excludes deaths resulting from willful misconduct or intoxication.
Author: Robert Elliott
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Wouldn’t it be great if you could just ask injured employees if they are ready to come back to work? Unfortunately, things don’t work that way.
Eight Procedural Guidelines Guaranteed to Cover All Bases
1. Determine if directed care is allowable in your state. Whenever possible, offer the services of your workplace-designated medical provider to your employees for work-related injuries.
2. Customize and distribute a brochure to medical providers explaining your company’s transitional duty program and how it benefits your employees and your company.
3. Give each medical provider a transitional duty brochure when you make a personal visit to your company’s medical providers.
4. Have treating physicians visit your operation to document physical requirements for job performance.
5. Encourage doctors to suggest possible transitional duty tasks based on those physical requirements and potential physical limitations.
6. Monitor medical bills to determine if medical bills are reduced to the state-mandated fee schedule by your claims management staff.
7. Determine which claims adjuster services are available to coordinate medical care and reduce medical costs, using those most useful for your company. (workersxzcompxzkit)
In California, enroll in a medical provider network to control your claims costs by directing medical care for the life of the claim. This keeps your employees from seeking treatment from “doctor mills” known to keep employees out of work longer than necessary.
Author: Robert Elliott, J.D
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Tennessee’s SB 1909 Impacts Awards for Recreational Activities
With the stroke of a pen, Tennessee Governor Phil Bredesen signed SB1909 into law, prohibiting workers’ compensation awards when an injury occurs during an employee’s voluntary participation in recreational, social, athletic or exercise activities on or off the employer’s premises.
The bill passed the Tennessee House and Senate unanimously by margins of 97-0 and 31-0, respectively.
In order for an injury to be compensable under workers’ compensation, the previous law generally required an injury must happen out of and during an employee’s employment.
In Gooden v. Coors Technical Ceramic Company, 236 S.W.3d 151 (2007), the Tennessee supreme court held that a fatal heart attack suffered by an employee during a voluntary basketball game played on the employer’s premises during a work break was a compensable injury because the employer was aware its employees regularly played basketball games on the premises during breaks and it acquiesced to such activity.
With passage of SB1909 (State Senator Mark Norris), introduced back in February, awards for workers’ compensation are prohibited when an injury or death is due to an employee’s voluntary participation in recreational, social, athletic, or exercise activities whether or not the employer pays some or all of the costs thereof, unless:
Participation was
1. Expressly or implicitly required by the employer.
2. Participation produced a direct benefit to the employer beyond improvement in employee health and morale.
3. Participation was during work hours and was part of the employee’s job duties. Or
4. The injury occurred due to an unsafe condition during voluntary participation using facilities designated by, furnished by, or maintained by the employer on or off the employer’s premises and the employer had actual knowledge of the unsafe condition and failed to curtail the activity or cure the unsafe condition. (workersxzcompxzkit).
Author: Robert Elliott, J.D.
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
A lot of emphasis is put not only on the importance of workplace safety in the workers’ compensation arena as it pertains to reducing WC costs, but also the “side” benefits of having happy, healthy employees and a good community image. Here’s an example of how these three goals benefit aware employers, their employees and their community.
Nova Scotia Employers Honored for Workplace Safety
Nova Scotian leaders in workplace safety were recognized this week for their positive contribution to the province’s safety culture at the first annual Mainstay Awards.
The Mainstay Awards, sponsored by the Workers’ Compensation Board of Nova Scotia (WCB) and the Nova Scotia Department of Labour and Workforce Development, celebrates excellence in occupational health and safety, injury prevention and return-to-work programs. (emphasis added).
Ten awards were handed out in five categories, reflecting the responsibilities employers and employees both have in creating a safe workplace environment. Categories include the Individual Safety Champion Award and the Employer Safety Champion Award.
“It’s important for us to publicly recognize people who are making significant efforts to enhance the safety of workplaces in our province,” said Nancy MacCready-Williams, CEO of the WCB. “These people and organizations demonstrate how safe workplaces are a reality in our province and we encourage more Nova Scotians to follow their lead.”
The highest safety honor in Nova Scotia – the Safety Award of Excellence – went to ExxonMobil Canada for its deeply rooted and personal commitment to safety by the company’s senior management, and for creating a safety culture extending beyond the organization and into the oil and gas and marine industries. (workersxzcompxzkit).
“Publicly recognizing the province’s safety leaders is simply the right thing to do,” said Margaret MacDonald, deputy minister of Labour and Workforce Development. “For the winners, we hope the honor will boost their employee morale and enhance their corporate reputation. But most importantly, safer workplaces mean more Nova Scotians return home safely at the end of the day.”
Author: Robert Elliott, J.D.
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
It all depends on where you live, says Tom Robinson, JD, writer for Lexis Nexis Workers Comp Law Center.
In-Home Health Care Provider Seeks Workers’ Compensation Benefits for Injuries Sustained While Traveling From One Patient’s Residence to Another
Here’s What Happened
A home health care aide was employed by a firm to provide in-home health care services to some of the firm’s clients. She traveled in her personal vehicle to the patients’ homes according to a schedule provided by her employer. She had no office at the employer’s facilities, but typically drove to the employer’s premises each Friday, where she picked up her work schedule that began the following day.
Beginning each Saturday, she drove her personal vehicle from her home to her first assignment of the day and then drove from that assignment to any other client’s home, all according to her assigned schedule. She was not paid for travel time. She had to note when she arrived and when she left each client’s home and was paid only for her time with each patient.
On the day of her injury, claimant was scheduled to visit the home of two patient/clients. She stayed at the first patient from approximately 7:00 a.m. to 11:00 a.m., then drove toward the second residence. On the way she stopped to pick up a sandwich for lunch. When she was approximately 3 miles from the first patient’s residence, she was involved in a motor vehicle accident.
She sought workers’ compensation benefits for her injuries. The employer, a self-insured firm, rejected the claim as not arising out of and in the course of the employment.
Here’s How the Court Ruled
An Ohio appellate court, in Gilham v. Cambridge Home Health Care, Inc., 2009 Ohio 2842, 2009 Ohio App. LEXIS 2400 (June 15, 2009) affirmed the trial court’s holding that claimant was a fixed-status employee and as such was subject to the “going and coming” rule.
Under that rule, an employee who sustains injury while traveling to and from a fixed place of employment is precluded from participating in the workers’ compensation fund. The appellate court noted that the accident occurred on a public highway, that the employer exercised no control over the scene of the accident, and that the presence of the employee at the scene of the accident served no benefit to the employer. (workersxzcompxzkit).
According to the court, based upon the totality of the circumstances, claimant’s travel between her first and second assignments did not establish a causal connection between her injuries and her employment.
Comment
If you, like me, fail to see how an in-home health care provider, who has no office, utilizes no facilities at her employer’s premises, and whose very service is to travel to different residences to provide care for home-bound patients can be called a “fixed-situs” employee, you may agree with a recent Pennsylvania case with similar facts and the opposite result. See Jamison v. Workers’ Comp. App. Bd., 955 A.2d 494 (Pa. Commw. Ct. 2008). (Italics added.)
See generally Larson’s Workers’ Compensation Law § 14.02.
Author: Tom Robinson, J.D.
Tom Robinson, J.D. is the primary upkeep writer for Larson’s Workers’ Compensation Law (LexisNexis) and Larson’s Workers’ Compensation, Desk Edition (LexisNexis). He is a contributing writer for California Compensation Cases (LexisNexis) and Benefits Review Board – Longshore Reporter(LexisNexis), and is a contributing author to New York Workers’ Compensation Handbook(LexisNexis). Attorney Robinson is an authority in the area of workers’ compensation and we are happy to have him as a Guest Contributor to Workers’ Comp Kit Blog. Tom can be reached at: compwriter@gmail.com.
http://law.lexisnexis.com/practiceareas/Workers-Compensation
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Why Workplace Safety Should Be An Employers Top Priority
We speak often of reducing the costs of workers’ compensation, but equally important, and perhaps more important is the safety of workers in the workplace, especially in high risks jobs such as construction.
A Case Study: New York State and City
The New York Committee for Occupational Health and Safety (NACOSH) recently unveiled its 2007 workplace fatalities study, “Dying for Work in New York.”
The study revealed in 2007, 219 workers died due to occupational injuries in New York State. Of that number, 81 died in New York City.
These figures represent a significant drop in workplace fatalilties from 2006, when 234 workers died state-wide; 99 from New York City.
NACOSH says more work must be done to continue to reduce fatalaties in the workplace as the study showed immigrant, minority and non-union workers remain at particular risk for on-the-job fatalities.
Other Study Findings
1. Fatalities for construction workers continued to be among the highest of all occupational sectors. Of the 351,992 workers in the construction industry in New York State in 2007, 57 died in 2007. The rate of fatalities in the construction industry was 16.2 per 100,000 – more than six times the state fatality rate for all workers. In New York City, the fatality rate for construction workers topped the state’s rate at 18.5 deaths per 100,000.
2. The report was critical of those employers who fail to make safety a top priority, thereby contributing to the risks involved. The report said while the construction boom appears to be slowing down in New York City, the number of deaths for this group is still high when comparing them to workers in general. (workersxzcompxzkit).
3. Another piece of advice cited from the report was in order to see a decline in workplace injuries and fatalities, county and municipal employees, unions and government agencies need to work together.
4. It was also recommended OSHA’s enforcement budget be increased significantly.
Author: Robert Elliott, J.D.
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
While there is a large volume of injury prevention information and resources for male-dominated industries like construction, not as many resources reportedly exist for women. And, there is often the perception women can’t get hurt doing “office work,” but obviously, not all women work in offices.
How Maryland is Making Workplace Safety for Women a Priority
In an effort to make the workplace in Maryland safer for women, state officials recently kicked off Workplace Safety Month for Women in Maryland, a public outreach initiative sponsored by IWIF Workers’ Compensation Insurance.
IWIF decided to focus on women worker safety issues because nearly 9,000 women in Maryland suffered on-the-job accidents in 2008 requiring time away from work, according to the Maryland Occupational Safety and Health Administration (MOSH).
Claims data showed 35% of private sector claims and 53% of state claims were filed by female workers last year.
IWIF Loss Control Director Joe Gillian said, “Many injured women suffered serious back, knee and hand injuries. Among IWIF claimants last year, those women who were injured most often worked in nursing homes, colleges and schools, clerical offices, and retail shops and restaurants.”
Adrienne Kaspar, IWIF loss control supervisor, noted, “For example, there is a perception among employers that they don’t need to worry about their female employees because they have ‘easy’ jobs and they can’t get hurt working in an office. While it’s true women have fewer fatal and nonfatal injuries than men, women run a much greater risk of developing certain types of injuries, such as musculoskeletal disorder, injuries due to overexertion, and trips and falls.”
IWIF’s public outreach initiative titled “SHE Works” stands for Safety & Health Every day. Its goal is to educate Maryland employers and their employees, policyholders, agents and brokers, about workplace dangers women face.
Initiatives include public service announcements, a free safety information kit for employers, a safety poster, and several safety tip sheets. (workersxzcompxzkit).
Information is free and can be order by visiting IWIF’s Web site at www.iwif.com.
Author: Robert Elliott, J.D.
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Can too much be said about safety in the workplace and following proven safety measures? Employers often work very hard to keep workers safe and control workers’ compensation costs, but a failure to follow safety measures can wipe out all good will and cost savings in just one adverse claim experience.
A Case Study: UCLA Appeals CalOSHA Findings in Worker’s Death
Stating it disagrees with the findings, University of California Los Angeles, (UCLA) is appealing a report recently issued by the California Division of Occupational Safety and Health (CalOSHA) stating the university was to blame for an on-campus laboratory accident in December 2008 that killed a school research assistant.
The university was fined more than $31,000 for allegedly violating laboratory safety protocols and being cited for insufficient training and for researchers lacking proper safety equipment according to a report filed by state inspectors
Cal/OSHA investigated the cause the accident that killed a 23 year old UCLA research assistant,who suffered second- and third-degree burns when the chemical compound she was working with spilled on her and ignited. The report said the research assistant was not wearing a laboratory coat at the time of the accident.
UCLA has paid, in full, the $31,875 fine but is appealing to make sure no citation in the Cal/OSHA report can be held against the university in future proceedings. (workersxzcompxzkit).
The appeal also states a number of the safety failures the university was cited for in the Cal/OSHA report had been fixed prior to the accident but had not been properly documented.
UCLA officials said the university is still committed to improving laboratory safety standards and this process is ongoing.
Author: Robert Elliott, J.D.
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
As the anti-drug folks like to say, “Just say no.” Here’s what happens when an employer decides to save a buck.
Is It Worth It?
Earlier this year, according to the Dayton Daily News an Ohio business was indicted on felony charges by a county grand jury for allegedly failing to pay required workers’ compensation premiums over a period of time
The Troy business must now pay nearly $28,000 in restitution after its corporate president pled no contest on behalf of the company to a felony workers’ compensation fraud indictment. In addition, payment of court costs were assessed. A misdemeanor workers’ compensation fraud claim against the company executive will be filed in county Municipal Court. (workersxzcompxzkit) .
The attorney for the defendant said his client is working with Ohio’s Bureau of Workers Compensation regarding a payment plan.
Author: Robert Elliott, J.D.
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Mistrust of employees is not a smart way to approach business but, unfortunately, fraud does happen. The key is to make it clear to employees your business won’t tolerate fraud and is able to spot abuse.
First of all, understand the difference between fraud, abuse and malingering.
Fraud: An intentional deceit perpetrated for profit.
Abuse: To use wrongly or improperly; misuse.
Malingering: To pretend illness especially in order to avoid work.
Five Tips on Spotting Fraud
1. List the key indicators of malingering, fraud, and abuse.
2. Know how to notify the adjusters of claims with “red flags.” (See blog on “25 Red Flags of Fraud”).
3. Know how to follow up on claims where you suspect fraud, abuse, and/or malingering.
4. Inform all employees the company is embarking on a fraud investigation program.
5. Incorporate a fraud prevention service such as a “tip line” and publicize the telephone number and use it to combat fraud and abuse. (workersxzcompxzkit).
Author: Robert Elliott, J.D.
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
TD Calculator: www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
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