LowerWC.com interviewed Christie Luke, vice president of operations at Gould & Lamb, in Bradenton, FL about custodial administration arrangements for
Medicare Set-Asides (MSAs). She started off with the basics.
Define Medicare Set Aside
The Centers for Medicare/Medicaid Services (CMS) require their interests be protected prior to any settlement of the medical portion of a claim for qualified individuals. Medicare secondary payer laws are intended to prevent the shift of financial responsibility from primary payers to Medicare. The Medicare Set-Aside Agreement (MSA) allocates a portion of claims settlement for future medical expense, placed into custodial administration.
What is Custodial Administration?
Once a case is settled MSA funds are placed into custodial administration, or “handling,” into either the hands of the claimant (self administration) or with a custodian (
professional administration) on the claimant’s behalf. This can include cases sent to CMS for approval, wherein the CMS approval indicates the intent of administration; or in cases where the client chose not to send to CMS but wants the case properly administered.(WCxKit)
Self Administration involves claimants’ handling their own money, with the intent to follow CMS’ guidelines.
Professional Administration involves a pre-designated custodian hired to administer MSA funds on the claimant's behalf. This usually occurs in larger settlements and/or those with severe injuries (e.g. traumatic brain injuries, paraplegics/quadriplegics).
Are there exceptions to those who need custodial arrangements?
There are no formal rules or regulations in most cases to those needing post-settlement administration. The exceptions are cases in which a court has deemed a person incompetent. In those cases the claimant is required to assign a custodian . In other cases, it is up to the settling parties how to proceed — this is driven by the risk of adversity to the carrier or self-insured employer.
What impact does it have on insured clients? Whom does it affect?
Post settlement administration programs can provide insured clients with comfort knowing they are providing claimants with post-settlement support. This ensures they are able to manage their Medicare Set Aside funds. In many of these cases, the parties are overwhelmed and, at times it may discourage them from entering into a settlement. Knowing these tools and resources are provided, reducing the potential negative actions by CMS and ensuring post-settlement compliance and risk mitigation is a benefit to all parties to settlement.
How should employers proceed when becoming aware of their obligations? How do they then set up an arrangement with a custodial administrator?
Once a carrier or self-insured employer has set standards with regard to their comfort level on post settlement administration, they can decide how to set processes and procedures. Generally, they should begin including information on the topic as soon as possible with the parties, at least during settlement discussions. This way, all of those involved are aware of available resources and costs, as well as the potential implications of non-compliance and the benefits of available programs.
During these discussions they can include administration companies. In order to ensure the administrator’s notifications to Medicare and to the claimant and their medical providers is seamless before and after settlement, they can check to be sure all information is accurate and the program is administered in a timely manner.(WCxKit)
Why is it better, more cost effective, etc., to use a formal administration company?
The administration of an MSA is quite challenging. It requires in-depth knowledge of Medicare policy, individual state fee schedules, and an understanding of Medicare coverage application and claim related care. Without this detailed knowledge, it is very easy to improperly disperse funds from an MSA or pay amounts above fee schedules, risking future Medicare benefits and entitlement.
Thank you, Christie for your time filling us in on this very important topic that all employers need to be aware of.
Author Christie Luke of Gould and Lamb has worked for nearly a decade in claims management, followed by over five years in all aspects of MSP compliance. She has an undergraduate degree in business and an MBA focusing in Healthcare Administration, Quality Management, and Economics. She is MSCC certified and is currently earning her Green Belt certification in Six Sigma. She is also a member of NAMSAP. Contact Christie at 941-798-2098, Ext.1314; or email:
Christie.Luke@gouldandlamb.com.
GOULD And LAMB BLOG
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Self-insured employers face an issue that employers with insurance through a workers compensation insurance carrier do not have – the selection of the best possible defense attorneys. When an employer purchases insurance through an insurance carrier, a condition of the insurance policy is the insurance carrier will provide the legal defense when needed. The self-insured employer has to take on the responsibility of identifying and selecting their own defense counsel. The following are some recommendations the self-insured employer will need to consider in the defense attorney selection process. (WCxKit)
1. Do you want the large national law firm? The large local law firm? An intermediate size local law firm? A local law firm with two, three or four insurance defense attorneys? A local sole practitioner? If a large or intermediate size law firm, how many defense attorneys do you want assigned to your workers compensation claims? If a small firm, do they have the resources to handle your volume of work comp claims?
2. Does the insurance defense attorney(s) handle only defense work, or do they also handle work comp claims for employees of other companies?
3. Are the insurance defense attorney(s) amenable to in-depth interview before you make a selection of who will provide legal services on your work comp claims?
4. Will the insurance defense attorney(s) provide references from other clients (preferably in your industry) that you can contact?
5. What is the insurance defense attorneys philosophy on keeping cost down while at the same time providing the best possible defense for your company?
6. Do the insurance defense attorneys have an in-depth understanding of the workers compensation laws and administrative regulations in the state(s) where they do business?
7. Do the insurance defense attorneys have extensive experience in hearings before the Board / Commission?
8. Do the insurance defense attorneys have an in-depth understanding of the peripheral statutes that can impact workers compensation claims – like subrogation, social security disability, vocational rehabilitation, etc.?
9. Will the insurance defense attorney(s) seek early resolution of the workers compensation claims?
10. Can the insurance defense attorney(s) provide valuable insight into local practices for arbitration, mediation and settlement negotiations?
11. Are the insurance defense attorneys amenable to complying with your Litigation Management Best Practices?
12. What is the legal fee structure? What is the hourly rate charged for para-legals, junior partners and senior partners?
13. How will the case be developed and staffed? Will the insurance defense attorney delegate work to subordinates when possible to achieve efficiency and cost-effectiveness without diminishing the defense quality?
14. What is the billing time frame? Monthly? Quarterly? Yearly? One bill at the end of the claim?
15. What leeway will the insurance defense attorney(s) have in incurring expenses beyond routine office expenses?
16. What will be the parameters for the insurance defense attorney to be compensated for legal research?
17. What will be the reporting requirements? Does the insurance defense attorney(s) provide an initial report outlining how the case will be handled? Monthly reports? Quarterly reports? Reports after each major development?
18. What are the electronic capabilities of the law firm? Will the law firm be given access to your risk management / claim management information system?
19. Are the insurance defense attorneys active in the state and local bar association? Are the attorneys active in the bar associations committees on work comp?
20. Will the insurance defense attorney(s) be amenable to legal fee audits?
21. Will the insurance defense attorney(s) provide copies of deposition transcripts? Expert Reports? Board / Commission decisions? Medical reports? (WCxKit)
The proper selection of your defense attorney(s) will have a major impact on the outcome of your workers compensation claims and their overall cost. Similar to selecting a spouse, you want a great match as you will be “married” to the defense attorney in the handling of many or your work comp claims. The proper selection of the defense attorney combined with the appropriate Litigation Management Best Practices will make for a happy union between your self-insurance program and the insurance defense attorney(s) you have chosen.
Author Rebecca Shafer, J.D. 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. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
The Occupational Safety and Health Administration recently produced a training video for health care employers and workers to explain the proper use of respirators and the procedures to follow to assure that respirators protect workers from airborne hazards in healthcare settings.
The 33-minute video explains the major components of a respiratory protection program including fit-testing, medical evaluations, training, and maintenance. The video also discusses the difference between respirators and surgical masks, and features a segment on common respiratory hazards found in healthcare settings, including airborne infectious agents that cause diseases such as tuberculosis, pandemic influenza, severe acute respiratory syndrome (SARS), chicken pox, and measles. (WCxKit)
Demonstrations also show how respirator use helps protect workers from exposure to airborne chemical hazards such as formaldehyde and glutaraldehyde, which are used commonly in hospital laboratories to preserve tissue samples for medical analysis. These toxic substances can cause eye and nasal irritation, headaches, asthma, and other symptoms. Additionally, formaldehyde is a carcinogen and has been linked to nasal and lung cancer, with possible links to brain cancer and leukemia.
"
Employers can't rely on respirators providing the expected protection if they don't train their workers on how to use them properly," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This video is an important training tool that teaches proper respirator use and discusses employers responsibilities under OSHAs respiratory protection standard."
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. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Oakland Children's hospital faces a fine of more than $10,000 for workplace safety violations according to Cal OSHA, the state's workplace safety agency.
The state said the most egregious violation was failing to properly protect emergency room workers from violence, especially from gunshot victims dropped off in front of the hospital. (WCxKit)
Last October, an ER nurse said she and her co-workers found themselves in a dangerous situation saying, “So when we went out to rescue the victim, we were kept outside for a longer period of time than we should have been and harm could have come to the patient because of that.”
Nurses say they have received no training on how to deal with this or other violent situations such as confrontational patients.
Hospital officials disagreed with the citation and said that since the October incident they implemented a policy specifically for people who are dropped off outside. "A policy that sends out a security team to assess the scene,” said Chief Nursing Officer Nancy Shibata. “If they deem it as safe, then they'll come back and dispatch the medical team in consultation with the physician in charge." (WCxKit)
Hospital officials say the safety concern is being over blown by the California Nurses Association in the middle of contentious labor negotiations and say they plan to appeal the citation.
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. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
There is a new type of workers compensation cost containment course. Reed Group, a sponsor on LowerWC.com and LowerWC.com Workers Comp Newsletter, and Webility Corporation have a new Online Training Course for Physicians which is a Primer on Disability Prevention and Management.
Reed Group and Webility Corporation presents a new e-learning course —
Mastering MDGuidelines: Using Disability Duration Guidelines for Clinical Patient Care, saying for most working adults, getting
sidelined by illness or injury can have devastating consequences for their family and career as well as for their financial, physical, and emotional well-being. Yet very few physicians receive formal education or training in how to prevent and minimize that impact on patients’ major life functions, especially their jobs. (WCxKit)
Co-developed by disability experts Jon Seymour, MD, and Jennifer Christian, MD, the brief e-course efficiently delivers a primer in disability prevention and management to treating clinicians of all specialties.
Patients, employers, insurance carriers, case management firms, and claims administration companies all complain of physicians’ lack of awareness and willingness to play the communications role prescribed for them in disability cases, Jon Seymour, MD, Reed Group President, Guidelines, said.
“This e-course will help address that issue by building clinician awareness and ability to use the MDGuidelines resource in the manner in which it always has been intended – as the source of objective information that, when shared, creates common ground and allows all parties to achieve common goals and better outcomes in the
return-to-work process,” Dr. Seymour added.
According to Jennifer Christian, MD, Webility Corporation President,, the e-course was designed like a Cliff Notes introduction to disability prevention and management for busy doctors, containing 30 to 45 minutes of clinician-friendly instruction on how to give sound practical advice to working-age patients about what they should and shouldn’t do, both at home and at work while
recovering from injury and illness. (WCxKit)
The course is offered on-line and ears 0.75 hours of Category I CME credit. Group purchase may also be arranged.
Reed Group®, headquartered in Colorado, is the world’s most trusted source of return-to-work information, helping companies improve employee absence outcomes. Contact 866.889.4449 or email
jnelson@reedgroup.com; at
www.reedgroup.com.
MDGuidelines is the disability industry’s leading return-to-work reference toolset. Available as a web-based resource or integrated with the user’s IT system, MDGuidelines offers real-world and idealized return-to-work durations with advanced predictive modeling. Visit
www.mdguidelines.com for course information.
Webility Corporation’s mission is to bridge the communications gap separating medical offices from employers and benefit administrators, enabling these parties to more effectively play their roles in minimizing the disruptive impact of injury or illness on an employee's income and vocation. More info at
www.webility.md to take the e-course on line.
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
We often hear the phrase “impairment rating” when there is a discussion of an employee's workers compensation claim. Most people understand impairment means the employee was hurt and unable to work, but do not fully understand how impairment impacts a workers compensation claim.
Impairment is a problem in the function of a body part. It can be either temporary or permanent. When it is temporary, the employee is unable to work while recovering from the injury. When the impairment is permanent, the employee retains a residual of the injury after the medical treatment has ended. (WcxKit) A permanent impairment's impact on the employee's life can range from a very mild impact to a life altering impact.
In a workers compensation claim impairment can be defined as:
1. An inability of the employee to use his musculoskeletal system – his limbs, joints, muscles, bones, tendons and ligaments – at the level of use the employee had prior to the injury, or
2. An inability of the employee to control his/her neurological functions – the brain, spinal cord, and peripheral nerves – at the level of use the employee had prior to the injury.
A medical provider treating an injured employee will utilize various medical approaches and treatments until the medical provider believes the employee's medical condition will not improve further. Either the employee has fully recovered from the injury, or the employee's medical improvement has stopped and the employee has reached his/her maximum medical improvement. When the medical provider believes there is nothing more that can be done medically for the employee, the medical provider will assess whether or not the employee has lost any functional ability.
If the employee has any decrease in functional ability, the medical provider will assign an impairment rating, also known as a disability rating. In 42 states the medical providers will use one of the various editions of the American Medical Association Guides to the Evaluation of Permanent Impairment to establish the level of impairment. In 8 states – Florida, Illinois, Minnesota, New York, North Carolina, Oregon, Utah, and Wisconsin – the medical providers use a state specific guide for the establishment of an impairment rating.
In workers compensation there are two types of benefits, medical and indemnity. The indemnity benefit is divided into four categories (in most states). While the terminology for the types of disability will vary by state, the four categories are:
1. temporary total disability (TTD),
2. temporary partial disability (TPD),
3. permanent partial disability (PPD), and
4. permanent total disability (PTD).
Impairment is normally not associated with TTD. If the employee fully recovers from the injury and has no impairment, the employee returns to work and TTD ends.
In some situations, the impairment will prevent the employee from returning to full duty, but the employee is able to work either reduced hours or at a less demanding job. If either occurs and causes the employee to earn less than the employee was earning before the injury, the employee will receive TPD indemnity benefits to make up for a portion of the lost income caused by the impairment.
When the employee has a permanent impairment, but is able to return to work, the employee is compensated for the permanent impairment by the payment of a PPD reward. The statutes of each state establish how much the employee will be compensated for the permanent impairment. In 36 states, there is a table (also referred to as a schedule) that list how much an employee will be paid in PPD indemnity benefits for the impairment of an arm, hand, thumb, finger, leg, foot, toe, vision or hearing. In the other 14 states – Alaska, Florida, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Mexico, North Dakota, Rhode Island, Texas, Vermont and Wyoming – there are statutes that outline how the employee will be compensated for an impairment.
When an employee is injured to the point that the employee can never return to work, the employee is paid PTD indemnity benefits for the severe or total impairment. Impairment this severe will drastically alter the course of the employee's life. (WcxKitz)
The employer needs to take time to understand the employee's level of impairment and work with the employee to return the employee to work within the restrictions caused by the impairment.
Author Rebecca Shafer
, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. See www.LowerWC.com for more information. Contact:RShafer@ReduceYourWorkersComp.com or 860-553-6604.
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.
© 2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
The U.S. Department of Labors Mine Safety and Health Administration has negotiated a settlement agreement with Comunidad Agricola Bianchi Inc. of San Juan,
Puerto Rico, in a discrimination case involving a miner employed by the companys operation in Rincon, Puerto Rico.
Jose A. Chaparro was fired from his job shortly after cooperating in an MSHA hazard complaint investigation at the mine.(WCxKit)
In August 2009, MSHA received an anonymous hazard complaint raising concerns about safety issues at the mine, including details about an unreported June 2009 accident at the mine involving Chaparro. As a result, MSHA launched a hazard complaint investigation. The same day that MSHA spoke with Chaparro about his accident, the mine superintendent fired him.
In a complaint filed with the Mine Safety and Health Review Commission, MSHA sought a finding that Chaparro was unlawfully discriminated against and discharged in violation of Section 105(c)(1) of the Federal Mine Safety and Health Act of 1977, which states that miners, their representatives and applicants for employment are protected from retaliation for engaging in safety and/or health-related activities, such as identifying hazards, asking for MSHA inspections or refusing to engage in an unsafe act.
The complaint also sought Chaparros reinstatement to his position or a comparable one, $6,000 in back pay, all employment benefits, all medical and hospital benefits, and any and all other damages suffered and incurred by Chaparro as a result of the discriminatory discharge, as well as a $15,000 civil money penalty.
Following a hearing in February 2010, a judge ordered Chaparro temporarily reinstated to his job at the mine. In a second amended complaint, MSHA brought a claim of post-reinstatement retaliation against Comunidad Agricola Bianchi Inc. and three individual representatives of the mine.(WCxKit)
In settlement, the company agreed to permanently reinstate Chaparro to his job at the mine and to pay the full $6,000 in back wages due to Chaparro, as well as the full $15,000 penalty. The mine operator also agreed that it would not unlawfully discriminate against any miner in its employ for engaging in protected activity.
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. See www.LowerWC.com for more information.
Contact: Info@ReduceYourWorkersComp.com.
©2011 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 suspended sentence issued earlier this month to an elderly driver who killed a flagger in British Columbia three years ago has angered members of the province's traffic control community.
According to the CanadianOH&S News, Melle Pool, now 88, received a suspended sentence from a judge of the Supreme Court of British Columbia in connection with the death of Terry Mitchell near the community of Fort Langley in February of 2008. Pool, who is legally blind and whose license had not been renewed since 2001 due to his poor eyesight, struck Mitchell with his pick-up truck on Feb. 25 of that year. (WCxKit)
As part of the sentence, the judge ordered Pool to perform 15 hours of community service, two years of probation and issued a 10-year driving ban.
"We don't fully understand how the judges make their decisions, but it was a shock to all of us that there was basically no real sentence imposed. Doing 15 hours of public service really devalued Terry's life in our eyes," says Terry Veer, roads and drainage manager for the Township of Langley, which had contacted local company Valley Traffic Systems Inc to perform traffic control.
"People were very upset here that it was treated so lightly," Veer added. "You'd think they'd be a little more inventive in terms of trying to deal with the restrictions rather than saying he's too old to go to jail," he charges.
While Veer suggests an "in-house restriction" such as a bracelet to monitor driving habits, Katherine Keras, owner of Pro-Safe Traffic Service in Surrey, BC, says that the sale of Pool's estate is another option.
On the day of the accident, a work crew was required to handle ditch clearing and two flaggers were resetting the work site up following a lunch break, according to Veer. Mitchell was standing at the far end of the curved road, talking via radio with the other out-of-sight flagger.
"Our understanding is he was on the radio talking to the other flag person, letting the other flag person know that he was ready and they could bring the machine back into the work zone," Veer says. "He had his paddle [stop or go sign] out while he was talking on the radio… the vehicle didn't see him and ran right over him."
Mitchell was airlifted off the site, but later died, according to Veer, adding that counselors were also brought in for workers.
Mitchell had worked on township projects for several years, Veer says. "He was one of the preferred flaggers. He took it very seriously."
Keras is concerned that "it may end up being the same outcome" for one of her employees who was also fatally struck by a vehicle last July.
At about 8:15 am on July 19, Donald Cain, 49, was directing traffic near Mission, BC when a Jeep made a sharp right turn and struck him. Cain, who was behind the fog line (the white painted line on the right side of the road), was dragged about six meters.
"He tried to turn and run, but it was just on him," Keras says of the vehicle. "He basically ran over him and didn't see him and kept driving until the other flagger stopped him."
That second flagger is still off work and she is undergoing counseling, Keras reports.
The driver of the Jeep, which was found to have "mechanical issues," has not yet been charged. (WCxKit)
If he is not charged, Keras says she will launch a private lawsuit.
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. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
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.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.
Analysis from 2008 Fatal Goodyear Plant Accident
The U.S. Chemical Safety Board (CSB) unveiled a case study on the 2008 heat exchanger rupture and ammonia release at the Goodyear Tire and Rubber Company in Houston. The board noted gaps in facility emergency response training and is seeking added adherence to existing industry codes.
The accident occurred on June 11, 2008, when overpressure in a heat exchanger led to a major rupture of the exchanger, hurling debris that struck and fatally injured a Goodyear employee. The exchanger contained pressurized anhydrous ammonia, a colorless, toxic chemical, used as a coolant in the production of synthetic rubber. Five workers were exposed to ammonia released by the rupture. WCxKit
CSB reports that on the day prior to the accident, maintenance work required closing several valves on the heat exchanger. Investigators found that workers closed a valve that isolated the exchanger from a relief valve in order to replace a burst disk. The next morning an operator closed another valve to start cleaning the line with steam. Unaware that the isolated valve was also closed, pressure grew, leading to the explosion.
CSBs final report highlights the need to adhere to existing boiler and pressure vessel code standards.
It reports that plant personnel were not properly trained to effectively manage the emergency and that maintenance activity was not properly passed along between maintenance and operations personnel.
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. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
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.
©2011 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 55-year-old Iowa woman will receive more than $2.3 million from her lawsuit against her employer.
According to the Associated Press, the Monroe County jury verdict came in the case filed by Debbie Erwine, of Batavia, against UGL Services Unicco Operations Co. and a past supervisor. WCxKit
Erwines lawsuit alleged she was subjected to sex discrimination while overseeing maintenance and cleaning crews at the Cargill plant in Eddyville.
According to one of the documents, Erwines supervisor demoted her in the summer of 2008 due to the fact he "needed a man in that position so that he would be able to understand the mechanical aspects."
Erwine was terminated in December 2008. She sued a little less than one year later.
According to a UGL spokeswoman, Erwine was let go for violating company policy. (WCxKit)
The verdict includes $400,000 for emotional distress and $100,000 toward physical pain.
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. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
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.
©2011 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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