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Who’s Who in the Claims Office – Know The Players


If you never worked in a workers’ compensation claims office, but have dealt with one or more claim offices, you may have wondered who does what in the claims office. The following is a glossary of claim office positions and the type of work done by the people with these job titles. Every insurance carrier and every third party administrator (TPA) will structure their claim office a little differently. Not all  workers’ comp claim offices will have all the claim positions listed here, as each claims organization will be structured to be suit their own business needs.
 
Claims Clerk
The clerical staff within the claims office is often the engine running the office. The clerical staff is normally responsible for the intake of new claims whether electronic, telephonic or mail, the case creation – “setting up the claim file,” the input of the data into the risk management information system and often, initial contact letters and acknowledgment forms to the state, the employer and the employee. (WCxKitz)
 
The clerical staff is also responsible for in-coming and out-going mail, matching correspondence to claim file folders (or scanning paper correspondence into the risk management information system) and opening & closing of files. Additionally, a clerical person is responsible for issuing payments, both automatic issues (like weekly indemnity checks) and one-time payments. 
 
Depending on the size of the claims office the clerical staff may be broken down into various levels like Clerk 1, Clerk 2, Clerk 3, Secretary 1, Secretary 2, etc., with pay grade advancements to match their job title growth.
 
Medical Only Adjuster
The medical only adjuster is often an experienced clerical person who has shown the aptitude and ability to do more than basic clerical work. The medical only adjuster will contact the medical providers to obtain the medical reports and medicals bill. Once the information is available, the medical only adjuster will review the medical bills to ascertain the relationship between the injury and the medical treatment. The medical only adjuster will request payment of the medical bills and verify there will be no further treatment prior to closing the medical only file. A standard workload, depending on the jurisdiction, for a medical only adjuster is to have 350 to 500 open medical only files at any one time.
 
Adjuster Trainee
Most new adjuster trainees are recent college graduates with a background in insurance, business or a related field. Occasionally, insurers or TPA's will recognize they have a bright clerical person who does not have a college degree but has shown the intellectual ability to take on the challenge of adjusting claims. (WCxKitz)
 
The new adjuster trainee will normally go to either an  in-house training program or to a specialty school to learn the basics of  workers’ comp insurance adjusting. Most states require the adjuster trainee to take a pre-determined number of hours of workers' compensation class training before they can take the state licensing test. 
 
Once the new adjuster is licensed, the claim office will assign to the adjuster trainee the simple  workers’ comp claims. The adjuster trainee is often asked to investigate thoroughly these claims for the experience of learning to contact employers and employees, take statements, investigate the details, etc. The adjuster trainee will have a claims supervisor who will be reviewing the work performed, providing directions and managing the process. A normal workload for an adjuster trainee is 75 to 100 open  workers’ comp claims.
 
Adjuster
The adjuster is the workhorse of the claims office. The  workers’ comp adjuster is responsible for the complete claim process including coverage verification, contacts, reserving, investigation, medical management/cost containment, disability management, litigation management, subrogation, subsequent injury fund recovery, disposition and settlement. Also, if the adjuster works for a TPA, the adjuster is responsible for reporting all information to the insurer or principal. 
 
The adjuster is usually the primary contact of the employer with the insurer or TPA. In addition to working  with the employees – “claimants” on each claim, the adjuster will build relationships with the various parties involved in the claim including the employers, the medical providers and the attorneys — both plaintiff and defense attorneys. (WCxKitz)
 
A supervisor will normally review the work of the adjuster on a regular basis, but will not be involved in the decision-making or claims handling process except on the more expensive files and the files with questionable compensability. It is normal for the  workers’ comp adjuster to have 125 to 150 open files at any one time.   Depending on the insurer or TPA, the adjuster level may be broken down into additional levels like Adjuster 1, Adjuster 2, etc.
 
Senior Adjuster
The designation senior adjuster is for highly experienced adjusters with many years on the job. These adjusters are masters of the  workers’ comp world knowing how to investigate every type of claim, knowing the intricacies of their state workers’ comp laws, and knowing when to settle and when to fight a claim.
 
The senior adjusters often act as mentors to the adjuster trainees or younger/less-experienced adjusters. The senior adjusters are normally assigned the most difficult claims and the claims with the highest exposure. A normal workload, depending on the jurisdiction, for the senior adjuster is 125 to 150 open claims. (WCxKitz)
 
Supervisor
The  workers’ comp supervisor is responsible for a team of adjusters and the work product produced by those adjusters. The supervisor will normally have three or four adjuster trainees on their team, or four or five adjusters, or five to eight senior adjusters. The supervisor is responsible for making sure the adjusters meet all best practices or service standards on each file.
 
The supervisor, in addition to day-to-day discussions and directions to the adjusters, will keep the inventory of all claims assigned to them on a diary (also known as a futurity at some companies). A diary is a calendar reminder system. All the files of the adjuster trainees will normally be reviewed by the supervisor every month while the claim files of the adjusters will be reviewed every 60 or 90 days. 
 
Assistant Manager
If the claim office is large enough, it will have an assistant manager between the levels of  workers’ comp supervisor and branch manager.   The assistant manager is often responsible for assignment of claims to the adjusters, for compliance with regulatory requirements, and management of the  workers’ comp supervisors. (WCxKitz)
 
Branch Manager
The branch manager  of the claims office is responsible for everything that goes on in the claims office. The selection and hiring of employees, the workflow of the clerical staff, the prompt and proper resolution of claims, and the liaison between employers and insurers are the responsibility of the branch manager. Ultimately, the successful operation of the claims office lies with the skill level of the branch manager.
 
 
  Author Rebecca Shafer,  Consultant & Attorney, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  RShafer@ReduceYourWorkersComp.com   or 860-553-6604.

FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-calculator.php 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@WorkersCompKit.com 
Posted in Risk Management, TPA and Claims Administration, WC 101, Workers Comp Kit |


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BRITAIN Experiences Huge Rise in Agricultural Deaths


New figures for the number of workers fatally injured in the British agriculture sector were released by the Health and Safety Executive (HSE) for the time period of April 1, 2009 and March 31, 2010.
1.     38 agriculture workers were killed at work, marking a return to average levels of previous years in contrast to the record low in 2008/09 when 25 workers died;
2.     the rate of fatal injuries in the sector was 8.2 per 100,000 workers, making it the most dangerous industry in which to work;
3.     of the 38 agriculture workers killed, 17 were employees and 21 were self-employed people;
4.     seven members of the public were also killed in work-related accidents in the sector.
 
“Thirty-eight workers were killed on British farms last year, failing to come home to their families because of avoidable safety failings – proving once again  agriculture is the most dangerous way of making a living in Great Britain,” Graeme Walker, HSE's Head of Agriculture, noted. (WCxKitz)
"The fact many of these lives were lost in family businesses is a double tragedy. Not only have families been ripped apart, but also businesses handed down through generations have been ruined. Farming and agricultural work has a poor safety record compared with other industries – we cannot let this trend continue," he added.
  \Author Rebecca Shafer,  Consultant & Attorney, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  RShafer@ReduceYourWorkersComp.com   or 860-553-6604.

FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-calculator.php 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@WorkersCompKit.com 
Posted in Safety and Loss Control, WC in Other Countries (International) |


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Sixty Percent of Roofers Left the Job Due to Chronic Pain


Researchers conducting a longitudinal study of 979 U.S. roofers between ages 40-59 discovered 10% left the roofing trade within a year, and of those leaving, 60% vacated their job due to chronic pain, work-related musculoskeletal disorders and poor health, according to a release from The Center for Construction Research and Training.
When that group was examined in a one-year follow-up, researchers report that they were four times more likely to suffer mild economic impact, 19 times more likely to suffer moderate economic impact, and 6.5 times more likely to experience severe economic impact from their early retirement. (WCxKitz)
Those workers younger than age 50 experienced the majority of the economic fallout from exiting the roofing industry. These and other results of the research appeared in the July issue of the American Journal of Industrial Hygiene.
The researchers categorized and compared the health status of the employed and retired roofers and discovered those who left work at the time of the study were older, had significantly lower physical functioning and general health scores, more bodily pain, marginally lower vitality scores, and more diagnosed musculoskeletal diseases (MSDs) and/or medical conditions, were more likely to have missed work and have more work limitations in the two years prior to the initial interview. (WCxKitz)
Roofers suffer a high rate of injury among the construction trades, and they command the third greatest rate of jobsite fatalities, behind ironworkers and power installers. With the number of workers over age 55 increasing at an annual rate of 2.5% and a projected shortage of skilled construction workers, the study provides an unwelcome light onto the future of the industry workforce.
The study’s identification of risk factors for exiting the trade – age and physically demanding work – point to a need to modify work practices, a change in work organization or modifying risk factors to prohibit disability and the attendant economic impact.
Author Rebecca Shafer, Consultant & Attorney, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.  Contact: Info@ReduceYourWorkersComp.com  or 860-553-6604.  
 
FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-calculator.php 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
 
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@WorkersCompKit.com 
Posted in Medical Issues |


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NEW ZEALAND Employers Urged to Improve Forklift Safety After Death at Timber Operation


Employers are urged to make sure their workers are able to work safely around machinery according to the New Zealand Department of Labor. The warning follows the recent sentencing of McAlpines Timber Limited at the Rangiora District Court over an incident involving a forklift in which an employee died. The company was sentenced to pay a fine of $40,130 and reparation totaling $67,200.
McAlpines Timber Limited admitted failing to take all practicable steps to ensure the safety of an employee – specifically, the employee was not made aware of hazards arising from the use of forklifts in the workplace.
At the time of the accident the employee was supervising the loading of his truck and trailer to ensure it adhered to Ministry of Transport requirements. He was standing behind the trailer being loaded when he was struck by a forklift. (WCxKitz)
The Department of Labor Christchurch Service Manager, Margaret Radford says  this accident was preventable.
Employers should take all practicable steps to make sure  employees are safe at work especially where potentially dangerous equipment and vehicles are involved.” Radford said. “Forklifts are very useful, but are potentially very dangerous.
When forklifts are operated in restricted spaces where other people are also working, employers should take particular care to make sure  employees are not harmed. (WCxKitz)
The hazards associated with loading and unloading truck and trailers with forklifts including driver safety zones and pedestrian movements in close proximity to forklift operations should not be overlooked.”
 
  \Author Rebecca Shafer, Consultant/Attorney, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  RShafer@ReduceYourWorkersComp.com   or 860-553-6604.

FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-calculator.php 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@WorkersCompKit.com 
Posted in Safety and Loss Control, WC in Other Countries (International) |


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NEW YORK State Insurance Fund Provides Safety Training and Anti-Fraud Programs


New York State Insurance Fund  is a self-sustaining insurance carrier providing workers’ compensation and disability benefits insurance for New York businesses and millions of hard working men and women, Chief Deputy Executive Director Francine James announced the release of New York State Insurance Fund’s (NYSIF) 2009 annual report.
The report highlights NYSIF’s 95 years of continuous service to businesses, people and State of New York, in fulfilling an instrumental purpose under the New York workers’ comp system by ensuring coverage for employees no matter how great the risk. (WCxKitz) 
For 2009, NYSIF reported workers’ compensation premium of $1.31 billion and disability benefits premium of $16.6 million.
In a letter to policyholders, James writes, “We understand the enormity of the obligation you have to your customers, your workers, your families and yourself . . . Our initiatives in the areas of claims, safety and risk management, and technology, are designed to make a difference in helping you fulfill those obligations.
“When you select NYSIF, you opt for 95 years of experience, 95 years of guaranteed coverage, 95 years of integrity and financial strength.” (WCxKitz)
The report states NYSIF paid $177 million in dividends to policyholders in 2009 and offered advance discounts of up to 35% for its safest assureds. James said NYSIF remains committed to helping grow industry and reduce insurance costs for businesses.
“This includes premium discount plans and responsible underwriting that supports competitive balance, customer-based technology that streamlines our business operations, web-based tools and services to promote on-the-job safety . . . and one of the top anti-fraud units in the nation.”
Other 2009 highlights include:
1.     NYSIF conducted 16,422 safety surveys and 2,228 safety-training presentations for policyholders.
2.     NYSIF saved an estimated $16.6 million due to its anti-fraud efforts, which included 154 arrests, 1,246 investigations and 584 cases referred for prosecution.
3.     NYSIF’s disability benefits line of insurance lowered the minimum annual premium to $60 for new and existing policies and paid more than $5 million in premium credits to disability benefits insurance policyholders. (WCxKitz)
In 2009, approximately 180,000 employers held NYSIF workers' comp insurance policies (approximately 41% of the market). Approximately 61,400 employers had active NYSIF disability benefits policies.
  \  
FREE WC IQ Test:  http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-calculator.php 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
 
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@WorkersCompKit.com 
Posted in Insurance Issues, Rates, Premiums, NY Workers Comp Issues |


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Traveling Employees — When Is Workers Comp Payable


Where and employer is able to control the conditions of the workplace, such as within a manufacturing facility or an office complex, it is reasonable to burden the employer with the cost of work-related injuries. Where the employee's activities take place at other locations, far outside the control of the employer, the rule is not so strictly applied. An exception applies generally where the employee's work entails travel away from the employer's premises. Such travel is usually considered to be within the course of his or her employment continuously during the trip, except when there is a distinct departure on a personal errand. (WCxKitz)
 
This rule is discussed in Larson’s Workers’ Compensation Law, Chapter 25, which has been revised and updated as well. In Houck v. Tarragon Mgmt., 4 So. 3d 73 (Fla. Dist. Ct. App. 2009), one such personal departure is illustrated [See Larson’s Workers’ Compensation Law, Ch. 25, §   25.03[1] (Digest) n.7]. The employer arranged for a property manager to travel to another city to perform some training activities. (WCxKitz) She was to stay in a company-owned condominium while performing her duties. The manager was killed while crossing the street as she walked to a nightclub several days before her official duties were to begin. The court concluded that her fatal injuries were not sustained within the course and scope of the employment.
 

© Copyright 2010 LexisNexis. All rights reserved. This material is excerpted from Larson’s Workers’ Compensation Law. Reprinted with permission.   


FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-calculator.php 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.

 ©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com 
Posted in Legal Doctrines |


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Turkish Mining Accident Leads to Labor Union Calls for Fewer Subcontractors


Turkish trade union organizations recently denounced the growing use of sub-contracting following a spring mining disaster in the Zonguldak ore field, in the north of the country. The disaster left at least 28 dead.
According to the Health and Safety Department of the European Trade Union Institute, for the trade unions, this explosion – the third deadly explosion in six months – confirms not only the bad state of repair of the installations but also the poor application of safety standards by the public enterprise TTK, which manages the mine. (WCxKitz)
Given the recurrence of such incidents, the Turkish mineworkers' union Maden-Iş has demanded the modernization of coal-mining infrastructures and the creation of an independent inspectorate, which does not exist to date. In its analysis of the accident, the union also denounces the growing use of sub-contracting in public installations.
In the Karadon mine, where the explosion occurred, the construction of new galleries was sub-contracted to a private firm, Yapitek. Like many other private companies in the mining sector, Yapitek's risk prevention policy is reportedly minimal. The firm is allegedly hostile towards trade unions and strives to keep its workers at a distance from organizations that could give them additional information on safety matters. (WCxKitz)
The trade union condemns the use of sub-contracting, which reportedly tends to endorse the constitution of separate safety rules within a single installation depending on the employer. The miners killed were all employed by Yapitek and none was a member of a trade union.
In Turkey, the mining sector has an accident rate 2.3 times higher than the metal works sector and 3.5 times higher than construction. Between 1941 and 2003, 3,094 Turkish miners lost their lives extracting ore. (WCxKitz)
The bad state of repair of Turkish mines and the lack of investments in prevention are reportedly not new phenomena. Articles published in the scientific press in the 1990s and 2000s already identified the absence of modern equipment as one of the factors explaining the high rate of deadly accidents in mines in the Zonguldak ore field. 
Author Rebecca Shafer, Consultant/Attorney, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing.  Contact: Info@ReduceYourWorkersComp.com  or 860-553-6604.  
 
FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-calculator.php 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
 
©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@WorkersCompKit.com 
Posted in Safety and Loss Control, WC in Other Countries (International) |


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Company Housed 65 Disabled Men in Bunkhouse is Subject to Million Dollar Fine


A Texas-based company, Henry's Turkey Service, shortchanged its mentally challenged workers by at least $1 million and subjected the men to abuse and humiliating forms of discipline, a federal agency has discovered.

The U.S. Equal Employment Opportunity Commission
said the labor broker, with company operations in Iowa, acted with malice or reckless indifference in committing numerous major violations of the Americans with Disabilities Act, resulting in significant harm to the workers and "substantial economic benefits" to the company.

"What happened to the men employed by Henry's Turkey Service at West Liberty Foods is nothing short of horrific," Sen. Tom Harkin, D-Ia., said. "And what is particularly galling is that it was allowed to continue for so long. The EEOC appears to have documented a level of abuse more extreme than can be imagined in this day and age."

The EEOC findings
could result in compensatory damages to make up for the workers' unpaid wages, or in punitive damages.
 

For the majority of the past 34 years, Henry's acted as a labor broker, placing mentally challenged Texas men in labor camps around the country where they worked for sub-minimum wages, according to the findings.


In Atalissa, Iowa
, Henry's housed at least 65 disabled men in an old bunkhouse and paid those forty-one cents an hour to slaughter turkeys at the West Liberty Foods plant, according to the report.

In February 2009
, The Des Moines Register asked state officials about the bunkhouse, its lack of a care-facility license and the workers' wages. A dozen government agencies began an immediate investigation, declared the bunkhouse unsafe and "deplorable," and relocated the 21 men still living there.
 

The commission's investigation
centered on allegations that Henry's and its affiliate, Hill Country Farms, repeatedly violated the Atalissa workers' rights under the Americans with Disabilities Act.

Among the findings
:
Henry's collected up to $11,000 per week from West Liberty Foods as payment for the men's labor at the plant. Henry's then paid dozens of workers a combined total of $340 to $500 per week. Over the last three years of the company's operation, Henry's underpaid the men by at least $1 million, based solely on minimum-wage violations. (workersxzcompxzkit) 

The men's net pay
for working at West Liberty Foods averaged forty-one cents an hour, despite the fact that they often performed at a level equal to able-bodied workers who earned $9 to $12 an hour. When that is taken into account, the amount of underpaid wages is even greater than the $1 million attributed to minimum-wage violations.
 

Henry's employees were subjected
to a hostile work environment that included "verbal and physical abuse because of their mental disabilities." The men were "continually subjected to taunts, name-calling, humiliation and other offensive verbal conduct and mistreatment based upon their disability."
 

Henry's restricted the men's
contact with others and subjected them to "unusual, excessively harsh, and often humiliating disciplinary actions." The company also failed to provide the men with "adequate access to medical care, all while taking advantage" of the men's vulnerable state.


Although Henry's paid just $600
per month to rent the bunkhouse from the city of Atalissa, the company made roughly $10,000 worth of deductions from workers' paychecks each month for housing.
 

Sylvia Piper of Iowa Protection and Advocacy
, an agency that advocates for the disabled, said the EEOC's findings are consistent with those of her own investigators.
 
Author Rebecca Shafer, President, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  RShafer@ReduceYourWorkersComp.com   or 860-553-6604.

FREE WC IQ Test:
http://www.workerscompkit.com/intro/
WC Books:
http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: http://www.reduceyourworkerscomp.com/calculator.php
TD Calculator: http://www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com 

Posted in ADA (Americans with Disabilities Act), EEOC Discrimination Laws, Employment Law Issues |


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EEOC Doesn’t Turn Blind Eye to ADA Disability Complaint Against Staffing Company


A federal judge entered a consent decree requiring a nationwide staffing company to pay $100,000 to a blind woman against whom the company discriminated because of her blindness according to a suit filed by the U.S. Equal Employment Opportunity Commission (EEOC). 
 
In its lawsuit, the EEOC charged the owner of Balance Staffing hired the woman,  a recruiter, to help him launch a Balance Staffing center in Illinois, named Balance Financial Inc. The EEOC said the business owner did not realize his new hire was blind when he hired her. But, when he learned she was, he immediately revoked the job offer, even though she had started recruiting for him.  
 
Discrimination in employment on account of disability violates Title I of the Americans With Disabilities Act (ADA).  The EEOC filed suit EEOC v. Balance Staffing and Balance Staffing d/b/a Balance Financial, Inc., No. 09 CV-06004) on September 25, 2009 in U.S. District Court for the Northern District of Illinois in Chicago after first attempting to reach a voluntary settlement out of court through its conciliation process.
 
The three-year consent decree resolving the suit, approved by U.S. District Judge Ruben Castillo,  with the consent of the parties, requires Balance Staffing and Balance Professional Inc. to report any further complaints of disability discrimination or retaliation to the EEOC. 
 
The owner and manager of the company will also undergo annually training on disability discrimination.  The decree contains an injunction prohibiting the companies from engaging in further discrimination on the basis of disability and from retaliating against anyone who opposes disability discrimination, files a discrimination charge, or participates in a government investigation, proceeding, or hearing. (workersxzcompxzkit)

Regional Attorney John Hendrickson
noted, “The result of this case demonstrates how seriously we at EEOC take disability discrimination.  Anyone who is a victim of discriminatory actions, such as those actions allegedly taken by Balance Staffing’s management, should not hesitate to bring the issue to light by notifying the EEOC.  We stand ready to act in cases like this.” 
 
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare,  printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact:  Robert_Elliott@ReduceYourWorkersComp.com   or 860-553-6604.

FREE WC IQ Test:
 http://www.workerscompkit.com/intro/
WC Books:  
http://www.LowerWC.com/workers-comp-books-manuals.php
WC Calculator:  http://www.LowerWC.com/calculator.php
TD Calculator:  http://www.LowerWC.com/transitional-duty-cost-calculator.php 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
Info@WorkersCompKit.com
Posted in ADA (Americans with Disabilities Act), EEOC Discrimination Laws, Employment Law Issues |


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False Statements in Job Applications Do Not Necessarily Make Employment Contracts Illegal and Bar Workers Compensations Benefits


Persons employed under illegal contracts of hire are usually denied compensation if the illegality results from the obligation to perform illegal acts, but not if the illegality arises merely from a prohibition against making the contract, as in the case of legislation prohibiting the employment of minors in some jobs.  While virtually all states now cover illegally employed minors, there continues to be great controversy when it comes to the status of illegal aliens.  Larson’s Workers’ Compensation Law, Chapter 66, which covers issues related to illegal employment, is being revised and updated for the June 2010 release of Larson's Workers' Compensation Law.


Courts have been
paying particular attention to the issue of false statements in employment applications.  Most courts continue to hold that such statements do not make the employment contract invalid. Benefits are barred only if (1) the employee knowingly and willfully made a false representation as to his or her physical condition; (2) the employer relied on the representation and the reliance was a substantial factor in the hiring; and (3) there was a causal relation between the false representation and the injury.

  
In one 2008 Florida case, Fast Tract Framing, Inc. v. Caraballo, 994 So. 2d 355 (Fla. Dist. Ct. App. 1st Dist. 2008), determined that under Florida's special definition of "wages" (see Fla. Stat. § 440.02(28)), only the income that was actually reported to the federal government could be considered in the computation of an injured worker's average weekly wage.  Since many undocumented workers fail to file returns, they would have no average weekly wage that could be used to compute disability benefits.  The full effect of Fast Tract Framing has been diminished, however, by two subsequent decisions – J.B.D. Bros' and Masonry, Inc. v. Miranda, 2010 Fla. App. LEXIS 544 (Fla. Dist. Ct. App. 1st Dist., Jan. 25, 2010) and Rene Stone Work Corp. v. Gonzalez, 2010 Fla. App. LEXIS 543 (Fla. Dist. Ct. App. 1st Dist., Jan. 25, 2010) [see Larson’s Workers’ Compensation Law Chapter 66, § 66.03[4][c] n38].

© Copyright 2010 LexisNexis. All rights reserved. This material is excerpted from Larson’s Workers’ Compensation Law. Reprinted with permission. 
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