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Missouri Workers Compensation Law Overview


Requirements
In Missouri, every employer, not in the construction industry, who has five or more employees, whether full time or part time, is required to carry workers compensation insurance. Employers with less than 5 employees may elect to purchase workers compensation. Employers with less than 5 employees and without workers compensation insurance are subject to tort claims from employees who are injured on the job. Employers in the construction industry must provide workers compensation coverage if they have even one employee. Certain employers are exempt from the requirement of having workers compensation insurance coverage. This includes employers of farm labor, domestic servants in a private home, occasional labor performed for a private household, qualified real estate agents and volunteers of a tax-exempt organization. Family members working in the business must be covered unless they elect to opt out. 

 
 
Obtaining Coverage
To obtain workers compensation coverage in Missouri, the employer has only two options which are:
 

1.  Purchasing a workers compensation insurance policy from an insurance company licensed to do business in Missouri.
 

2.  Obtaining approval from the Missouri Department of Labor and Industrial Relations, Division of Workers Compensation to provide self-insurance. (WCxKit)

 
 
Claim Reporting
The employee must report the injury to the employer within 30 days in writing providing details of where, when and how the accident occurred. The employer must then report the injury to the insurance company or third party administrator within 5 days. The claims office is responsible for reporting the claim to the Missouri Division of Workers Compensation within 30 days of being notified of the injury.
 
 
Medical Benefits
The employer selects the medical provider. The employer must provide “medical, surgical, chiropractic, and hospital treatment; including nursing, custodial, ambulance and medicines”. For medical coverage to be provided, the accident must be the prevailing factor in causing the resulting medical condition.
 
 
There are no time limitations or monetary limitations on medical care. The medical care will continue as long as the physician deems it necessary. Mileage to and from medical treatment is reimbursed at the rate of $0.50 per mile.
 
 
Temporary Total Disability Benefits
The temporary total disability (TTD) benefits are calculated as two-thirds of the employee's average weekly wage to the injury. The TTD weekly maximum and minimum is adjusted each year on July 1st. The maximum is capped at $811.73 for injuries occurring from July 1, 2011 to June 30, 2012. The weekly minimum TTD amount is $40.00. TTD benefits can be paid for a maximum of 400 weeks. 
 
 
The first 3 days of disability (the waiting period) is not paid to the injured employee unless the employee is disabled for more than 14 days. 
 
 
Temporary Partial Disability Benefits
In Missouri, if the employee is able to return to work, but at a lesser rate of pay than the amount the employee was earning prior to the injury or can only work fewer hours, the employee is entitled to temporary partial disability (TPD) benefits. The TPD benefits are paid at two-thirds of the difference between the pre-injury wage and the post-injury wage, but is subject to the maximum TTD rate.
 
 
Permanent Partial Disability Benefits
Missouri employees who incur a permanent partial disability (PPD) are entitled to two-thirds of their average weekly wage, not to exceed a per week maximum.  The weekly maximum is adjusted each year. The weekly maximum PPD rate for the period of 7-1-11 thru 6-30-12 is $425.19 per week.   For non-scheduled injuries, known as Permanent Partial General Disability, the maximum period of payments is 400 weeks. For scheduled injuries, the loss of a body part has a maximum of 232 weeks of benefits for an arm at the shoulder, with the number of weeks declining based on the nature of the body part, down to 14 weeks of benefits for a toe other than the great toe.
 
 
Permanent Total Disability Benefits
Permanent total disability (PTD) benefits are paid weekly for life-time of the injured employee. The employee and the insurer are also allowed to negotiate a lump-sum settlement. The weekly benefits are based on two-thirds of the average weekly wage not to exceed the maximum cap set each year. (WCxKit)
 
 
Death Benefits
The burial expenses in Missouri are covered for a work-related death up to $5,000. The death benefits for a surviving spouse and dependents follow the same guidelines as TTD benefits – two-thirds of the average weekly wage – for one year. The spouse loses the death benefit if the spouse remarries, but the children continue to receive the death benefit. Children can receive the death benefit if they are under 18 years old, or 22 years old if enrolled in accredited educational institution. 

Author Rebecca Shafer
, JD, President of Amaxx Risk 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.


Our WORKERS COMP BOOK:  
www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/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.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Posted in Insurance Issues, Rates, Premiums, Legal Doctrines, Litigation Management, WC 101 |


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5 Common Sense Actions Create a Great Safety Plan


 
A Safety Action Plan provides a guideline for your company to identify, manage, and monitor safety hazards posing a risk to your employees. According to the National Safety Council, 85 percent of all accidents could be prevented or reduced by having an effective safety program. To reach a high level of safety effectiveness a safety action plan is required. By creating a safety action plan, you remove the potential hazards and take the necessary actions to eliminate the hazards.
 
 
 
 
1.  Hazard Identification
There are various types of hazards. Many will be recognized by the safety manager, but even  safety professionals do not recognize all hazards. The loss runs produced by your insurer or third party administrator is an excellent source to identify hazards that you might not think about and overlook.
 
 
All company personnel should be encouraged to report any hazards they identify that have not been addressed by the safety manager. There are various types of hazards including:
 
1.      Physical hazards – machinery without guards, tow motors without back up sound warnings, inventory stacked haphazardly or too high, tools or equipment left where an employee could trip, etc.   

 2.      Ergonomic hazards – equipment or machinery placed incorrectly whether too high, too low, out of comfortable reach; processes that require the employee to twist back and forth; or that cause constant repetitive motions by the employee.

3.      Chemical hazards – improper ventilation, vapors from chemical processes, improper use of combustible materials.
 
4.            Biological  hazards – in the medical field the improper disposal of needles and medical waste.
 
 
2. Responsibility
The employer should treat safety as everyone's responsibility. The employer should go a step further and hold the department supervisor or manager responsible for identifying the hazards within their work area. The department manager should be given authority to take the necessary actions to eliminate the hazards within the area of responsibility.
 
 
3. A Course of Action
It is not enough to identify the potential hazards and to give the department manager the responsibility of correcting the hazard. The department manager must follow through and create an action plan to deal with the hazard. Some hazards can be fixed rather easily. For example, an action plan for the haphazard stacked inventory – unstack the inventory and stack it correctly. Other hazards will take planning and resources.
 
 
For example, the worn-out conveyor belt that poses a snag hazard for the employees. The hazard needs to be reviewed with the safety manager and a plan to remove the hazard should agreed upon
 
 
4. Implementation
Whatever the nature of the hazard, once it is identified, timely and appropriate action to remove the hazard is required. When a course of action can be implemented immediately, it should be. When the course of action has several steps, the implementation should be scheduled with a completion date set for each step to be implemented. The implementation and completion of the necessary course of action will reduce the risk of injury to the employees and reduce the company's exposure to financial loss.
 
 
When hazard correction entails the use of financial resources, management must take the appropriate action to provide the resources. When employees see management taking action and giving safety priority, the employees themselves will place a higher priority on safety.(WCxKit)
 
 
5. Follow up
When a hazard is identified within one location within the company, the safety manager should check to see if the same hazard exists at other locations within the company. When the hazard exists at multiple locations, the hazard should be identified to all employees. The action plan and implementation of the action to remove the hazard should be completed.
 
 
Create a list of potential hazards. This can be very helpful in the elimination of future hazards. The list of hazards can become the foundation of a safety inspection checklist.(WCxKit)
 
 
A safety action plan is not a one time occurrence, but an on-going process to prevent new hazards from developing and to prevent old hazards from returning. By having a safety action plan, you can reduce both your physical losses and your cost of workers compensation.
 

Author Rebecca Shafer
, JD, President of Amaxx Risk 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.
 
 

Our WORKERS COMP BOOK:  www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/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.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Posted in Communication with Employees, Risk Management, Safety and Loss Control |


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Western Australia Fights Back Against Age Discrimination


 
Age discrimination in Western Australia workers compensation legislation has been abolished by state parliament, according to a report from the Government of Western Australia.
 
 
Commerce Minister Simon O’Brien said changes to the Workers Compensation and Injury Management Act 1981 passed in August, come into effect on Oct. 1, 2011, giving all employees the same entitlement to workers comp regardless of age.(WCxKit)
 
 
O’Brien said the Act had clearly been unfair to workers over the age of 64, previously entitled to only one year of income payments.
 
 
“The change means contributions older workers make to the WA economy and society are recognized in the workers compensation legislation,” he said.
 
 
“With Western Australia facing an aging workforce, record low unemployment and a need to maintain skilled and experienced people, the removal of any barriers to working past 65 will have a positive economic and social impact.”
 
 
The changes are part of a number of Liberal-National Government legislative reforms to take effect on Oct. 1 and result from a 2009 Government review of workers compensation.
 
 
The other significant change is the extension of the safety net which ensures seriously injured workers are protected if their employer is uninsured.
 
 
“Injured workers should not have to pay for the unlawful business practices of the very small number of employers who fail to take out insurance,” the Minister said.
 
 
“The changes mean that in these cases WorkCover WA will meet the costs of damages awarded by the Court if negligence is proven and the employer does not have insurance.”
 
 
The workers comp dispute resolution system is also improved through the amendments, creating more accessible and timely conciliation and arbitration services.
 
 
“These changes have been made in response to strong stakeholder feedback about the need to improve the dispute resolution arrangements,” O’Brien added.(WCxKit)
 
 
“Only a small number of workers compensation matters end up in a dispute between the parties. When this happens it is important the matter can be dealt with in a straightforward and transparent way.”
 
 
Changes to the dispute resolution system take effect from Dec. 1, 2011.

 
Author Robert Elliott, executive vice president, Amaxx Risk 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.


Our WORKERS COMP BOOK:
www.WCManual.com

WORK COMP CALCULATOR:  www.LowerWC.com/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.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Posted in Legal Doctrines, Litigation Management, WC in Other Countries (International) |


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Failure to Obey Costs Wisconsin Employer $46,200 in Fines


The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) cited Marshfield Door Systems Inc. with one repeat and two alleged serious violations after a worker's hand was trapped in an ingoing nip point on a conveyor belt line in March. The accident resulted in contusions, abrasions, and friction burns. Proposed penalties total $46,200.

"Installing proper machine guarding is a basic safety precaution that Marshfield Door Systems should have taken for the protection of its workers," said Kim Stille, OSHA area director in Madison. "We are committed to ensuring that employers adhere to OSHA's common-sense standards in order to prevent avoidable injuries, such as this one." (WCxKit)

The repeat violation was cited for failing to train workers in lockout/tagout procedures to control energy sources for equipment on conveyor belt line number one and carries a proposed penalty of $33,000,. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Marshfield Door Systems was also cited for failing to provide training on lockout/tagout procedures in 2009.

The serious violations are failing to inspect energy control procedures within the past year and to install guarding to protect workers from an exposed nip point on the conveyor. This carries a proposed penalty of $13,200, A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. (WCxKit)

Prior to OSHA's most recent inspection in March following the injury, the Marshfield-based company was inspected 13 times since 2001. Those inspections resulted in 27 citations, including some for violations of lockout/tagout and machine guarding standards.


Author Robert Elliott, executive vice president, Amaxx Risk 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.


Our WORKERS COMP BOOK:
www.WCManual.com

WORK COMP CALCULATOR:  www.LowerWC.com/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.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Posted in Federal Workers Compensation, Risk Management, Safety and Loss Control |


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Why a Fibromyalgia Diagnosis is a Claim Extender for the WC Adjuster


A surefire way to make a workers compensation adjuster cringe is to hand them a medical report where it is alleged the injured employee has developed fibromyalgia due to a workers compensation injury. Fibromyalgia can be loosely defined as an incurable condition that causes widespread chronic pain in the muscles and connective tissues with an abnormal increase in pain level in response to touch or pressure. Fibromyalgia has other symptoms besides pain including joint stiffness, muscle spasms, weakness in the limbs, fatigue, and sleep disturbance. Also, some people alleged to have fibromyalgia, will have other symptoms including tingling, numbness, difficulty swallowing, and cognitive issues. 

 
 
There is a lack of consensus as to the causes of fibromyalgia as there is no conclusive, objective diagnostic test. Some medical providers believe fibromyalgia develops in people who have a low threshold for pain with their brain being super sensitive to pain signals.  Other medical providers question the validity of this. These medical providers do not consider fibromyalgia a valid diagnosis because abnormalities are lacking in the physician’s examination of the employee. It is for this reason that workers compensation adjusters will question the validity of a fibromyalgia diagnosis from a doctor known to be “claimant friendly.” (WCxKit)
 
 
People diagnosed with fibromyalgia often are suffering from stress, depression, and anxiety. It is the high level of overlap with stress, depression, and anxiety that leads many medical providers to consider a diagnosis of fibromyalgia to be an incorrect diagnosis. To these medical providers, it is not a musculoskeletal problem, but a neuropsychiatric disease.
 
 
Credence is given to the medical providers who consider fibromyalgia a neuropsychiatric condition because most people who develop fibromyalgia have various cognitive disorders including impaired concentration, diminished attention spans, long-term or short-term memory loss, the inability to multi-task, and impaired speed of performance.
 
 
Most medical providers, including those who diagnose fibromyalgia, are reluctant to attempt to treat it. The injured employee diagnosed with fibromyalgia will be transferred from the medical provider who was treating the claimant to a pain management specialist. But even with pain management specialists, there is a vast array of methods used to deal with fibromyalgia with no single treatment plan having widespread acceptance. 
 
 
The pain management specialists will often try various approaches and combination approaches including prescription medications, aerobic exercise, patient education, cognitive behavioral therapy, behavioral intervention, and even alternative medicine including homeopathy, chiropractic, and herbal medicine.
 
 
It is the use of prescription fibromyalgia medications that causes concern in the medical community. When injured employees are given prescriptions for pain medicines for a medical condition that is hotly debated, it causes some consternation with the medical providers who do not consider fibromyalgia a valid diagnosis. 
 
 
When the person with the diagnosis of fibromyalgia is given antidepressants, they improve primarily in their level of pain, depression, sleep disturbances, and fatigue. This seems to bolster the position of the medical providers that fibromyalgia is a neuropsychiatric condition, not a musculoskeletal condition.
 
 
Using narcotics to treat fibromyalgia creates a lot of controversy as well. There is a lack of clinical trials that support the use of opioid in people with fibromyalgia, but many pain management clinics prescribe them freely without concern for addiction and abuse. (WCxKit)
 
 
The frown on the workers compensation adjuster's face is due to the fact that rarely do people with fibromyalgia improve. They also never die from fibromyalgia and seldom does the condition degenerate after it is established. The workers compensation adjuster knows the fibromyalgia claim will be around for a long, long time.
 
_________________________________________________________

PERSONAL EXPERIENCE OF MEDICAL CASE MANAGEMENT RN:
After publication of the above article, an RN Medical Case Manager from a major medical case management company provided the following account of an experience she had with one of her  employees. It was important information to relay, so I am reprinting it. She asked me not to use her name:

 

"I had an employee who suffered from this ‘disorder’ for almost 3 years now – as diagnosed by a Medical Doctor who was a specialist in treating Fibromyalgia.  She had every test you can imagine to rule out brain injury / neuro disorders.   She spent THOUSANDS of dollars and underwent PT for many months . . . I can only guess total costs exceed $150,000 in tests, MD visits, P.T. and medications.

 

I had a chiropractor who put on an Advanced Nutrition course who happened to mention that he strongly feels and can prove that Fibromyalgia can be ‘cured’ if the patient is willing to change their eating habits.  This involves avoiding all sugars and grains and consuming good fats and protein.  Among the treatment included was chiro adjustments – she underwent approx 12 and will need about 12 more on and off throughout her life.   In under  45  days she had reduced her need for medication (saving over $300/month) and is pain free for the first time in 3 years. 

 

He has implemented this treatment (nutrition, exercise and adjustments) on several occasions with patients diagnosed by medical experts for Fibromyalgia.   My employee took pleasure in telling her Fibromyalgia doctor how she well she is doing now (he is a highly respected MD at Vanderbilt University).   She is now completely free of taking any medications and considers herself back to normal!  

 

But you know how our world frowns on chiropractic treatment! ;)    Such a shame." 

I am providing this link for those who are interested in learning more about a nutrition-based program.
Maximized Living Nutrition Plan book by B. Lerner, BJ Hardick and K. Roberto. 
https://store.maximizedliving.com/scripts/prodView.asp?idProduct=140

 


Author Rebecca Shafer
, JD, President of Amaxx Risk 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.
 

WORKERS COMP BOOK:  www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/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.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Posted in Medical Issues, Settling WC Claims |


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NEW Index Focuses on Understanding Prices Paid for Workers Comp Medical Care


 
We all know medical treatment costs per claim have grown exponentially in some jurisdictions. To help policy and business decision makers understand the growth better, the Workers Compensation Research Institute (WCRI) created a Medical Price Index for Workers Compensation, Third Edition.
 
 
The tool focuses on prices paid for medical care that injured workers receive, according to Ramona Tanabe, WCRI counsel and deputy director. Previously, the consumer price index for medical care was used, but it only measured general prices paid for medical goods and services. “If you are a policy maker or other stakeholder and want to understand the growth of medical prices in workers compensation, you need this unique tool,” she said.(WCxKit)
 
 
The tool will help state accurately understand how prices for medical care for injured workers in their state compare with other states. It helps them decide if prices in their own state are rising slowly or rapidly. The tool can help them learn if rapid price growth is part of a national phenomenon or if it might be unique to the home state and therefore subject to local management or reform.(WCxKit)
 
 
Since medical prices for workers compensation are regulated in about 80 percent of states, the consumer price index for medical care does not reflect changes in actual prices paid in the regulated workers compensation market.
 
 
To learn more about this tool, look here.
 

Author Rebecca Shafer
, JD, President of Amaxx Risk 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.
 
 

Our WORKERS COMP BOOK:  www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/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.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Posted in Assessment & Diagnostics, Medical Issues |


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Leave of Absence Tool Clarifies State and Federal Family Leave Laws for Employers


 
Eight out of 10 employers cite leave law administration as their most difficult human resource activity given the myriad of overlapping leave laws and potential million-dollar claim disputes. A new searchable online reference tool, providing accurate and complete information on federal Family and Medical Leave Act (FMLA), state Family Medical Leave (FML), and other leave laws was recently launched by Reed Group, MDGuidelines.
 
 
Leave of Absence Advisor simplifies the tangled web of state and federal leave laws. Users can search by keyword, browse by category or specify state and leave reason, and also obtain information on corresponding best practices by Reed Group’s return-to work and leave law experts. The result is easier leaves administration, reduced risk of costly compliance errors, and increased confidence that employees are receiving the appropriate leaves when personal difficulties arise.
 
 
“No human being can possibly understand, interpret, and apply overlapping regulations in multiple jurisdictions while in the daily process of approving and administering leaves,” says Jon Seymour, MD, Reed Group President, Guidelines. “Leave of Absence Advisor is a critically needed tool for navigating that complexity. (WCxKit)
 
 
Chief Compliance Officer Martha J. Cardi says Leave of Absence Advisor users can rest assured its content is the most up-to-date information available.
 
 
“Our content is in full compliance with the multitude of state and federal leave laws,” Cardi, a recognized expert in employment and leave law, said. “We track leave of absence legislation throughout the country and implement changes into all of our products and services on an on-going basis. Users will benefit immediately from this competency when they use Leave of Absence Advisor.”
 
 
Everyone involved in return-to-work matters can benefit from using Leave of Absence Advisor, including employers, insurers, third party administrators, attorneys, government entities, and employees. (WCxKit)
 
 
For more information and a free demonstration of MDGuidelines Leave of Absence Advisor, phone Reed Group at 866-889-4449 or email mdguidelines@reedgroup.com.
 
 
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.


 
Our WORKERS COMP BOOK:  www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/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.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Posted in Absence Management, Employment Law Issues, Federal Workers Compensation |


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Tribute to Marsh and AON Colleagues Killed Sept. 11, 2001 — 10 Years Later


 

It is human nature
to forget and move on from tragedy. Most of us do … eventually. But those of you new to Work Comp Roundup may not know our ties to Sept 11, 10 years ago today. We will never move on, only adapt.
 
 
Nestled in the World Trade Center Towers were two of the largest insurance brokers in the world, Marsh and AON – giants in workers compensation. As Roundup’s founder, I had been an employee of both companies and had recently retired when the towers fell. Nearly 600 people, so many friends and colleagues, were lost that day between those two companies. Some of these people were key to the field of workers' compensation cost containment, working beside us and supporting our efforts to build cost containment into formalized practices. They helped bring cost reduction to many companies.
 
 
A horrible day, with information coming in slowly and unsurely about survivors. On TV, they told us how exit procedures “should” be working. Many tried to evacuate but were told everything was under control, so they went back into the building. Some, who were leaving despite the "all clear" messages, found people crammed so tightly in the stairwells from the 35th floor down that it was difficult to get out. Firefighters were trying to get up the stairs; building occupants were trying to get down.
 
 
Myself and everyone who had worked for Marsh and AON, or was still working there, were calling around, trying to find out who was missing, who had checked in, and who were known to be safe. Several senior company employees were doing their best to keep as many people as possible informed, while also making plans to get to New York to help. AON is based in Chicago, so some there were trying to decide if they should go to New York or wait to be given direction. At AON, Pamela Newman told us who had been located as news slowly trickled in; news was slow because there were no longer office phones. At Marsh, Jim Connolly was letting me know who was found while trying to organize a remote response. One supervisor, Phil Petronis, was found. Another, Harry Taback, was not. As the first broker to institutionalize workers compensation cost containment, Harry and Phil were at the helm.
 
 
Since many were still turning up at local hospitals, there was a lot of people-matching going on. The list of victims was not firmed up. Who was traveling? Who was in the building at that time? Who got out?
 
 
Harry, my former boss at M&M PC, a unit of Marsh, was on the impact floors at 1 World Trade Center. We saw the son of a colleague from AON, Bob Ferris, on TV holding a photo of his dad – looking, looking. We learned days later Bob did not make it. In many cases, we didn't actually hear that someone didn't make it, but rather we just never heard that they did, or we saw that a memorial service was scheduled. Even the safety experts on the news were people from the company — experts in building safety. While we waited for information, professionals talked about what fire can do to a building – or a person.
 
 
Many of us did not like working in such huge, tall buildings, and had been disappointed to have our offices moved to that location. Some of us were safety professionals who knew the dangers of being in such a large building. They imagined the impossibility of getting out of such a building if it were to burn, and we talked about it once when we saw the buildings looming ahead of us as we drove down the Henry Hudson Parkway on the west side of Manhattan enroute to the World Trade Center. No one ever imagined this, however.
 
 
Sept. 11 was a day of meetings at the Trade Center. The man who replaced me when I left Marsh, Richard Keane, sat at my old desk in Hartford, CT. That day he made a rare trip to Marsh’s New York office. It was a meeting I would have attended. He was killed that day, and left five sons and his wife.
 
 
The only blessing is that Marsh, on floors 93 through 100 in the North Tower, 1 World Trade Center, was smack-dab at the point of the AA Flight 11 impact, 8:46 a.m. I’d like to think they neither saw what was coming, nor suffered. We will never know. Apparently, almost no one above floor 92 survived.
 
 
AON was on floors 98 through 105 in 2 World Trade Center, the South Tower. It was struck on floors 77 through 85 by United Flight 175 at 9:03 a.m. and was the first to collapse at 9:59 a.m. Some people above the point of impact in this tower were able to escape but it is from this tower where the horrible images of employees jumping comes from. It is something I cannot get out of my head. It’s hard thinking that your colleagues may have had to make that kind of choice.
 
 
The events were so tragic that some of us will no longer work in high buildings. When we have to stay in hotels, we request “low floors,” accessible by fire equipment. We make sure we know where the fire escapes are and how the windows open. We pay attention to evacuation drills. It will be like this for the rest of our lives.
 
 
One friend I know still works for a broker in NY and was in the Trade Center Sept. 11. She had to crawl out over some of her dead colleagues to get to the stairwell. She made it out, but is a very quiet person now. A regular day at the office turned into a war-like memory. No one expects that. She and I simply never talk about it.
 
 
Life marches on. There was a need. Insurance may not be the most glamorous business – but it is a necessary business, and all of the Marsh and AON employees were dedicated to the business and to each other. Injured workers deserve compensation and companies must budget appropriately to stay in business. There will always be a need for insurance.
 
 
My focus changed. Those of us who had been retired from Marsh and AON, quickly accepted assignments to do whatever was needed to help. I had been retired, but went back to work to help complete several projects for AON that employees who died in the Trade Center would not be able to finish. I finished Lisa’s project as an outsourced risk manager for a Stamford-based company. She worked off-site several days each week at this position, but on Sept. 11, 2001, she was in her office at AON in lower Manhattan, in the South Tower.
 
 
It is human nature to forget. To heal and move on. But, for those of us touched by this horrible event and lucky enough to survive – we know – if we forget, there is no one left to tell the story.
 
 
Marsh and AON have done a remarkable job with their memorial websites. If you care to share the memories of those who have made an imprint on this industry in the past, their websites are below.
 
AON Memorial: http://www.legacy.com/aon/Sept11/SearchResult.aspx?location=WTC
 
Marsh Memorial: http://memorial.mmc.com/
 
Author: Rebecca Shafer, J.D. Rebecca is a national industry leader in the field of workers’ compensation cost containment. She can be reached at RShafer@ReduceYourWorkersComp.com   www.LowerWC.com and http://blog.ReduceYourWorkersComp.com
Posted in WC 101 |


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Irish Recycler Fined $65K Plus after Worker Dies


A fine of $65,496 was handed down recently by Judge Moran in the Limerick Circuit Criminal Court to "Mr. Binman," a waste collection and recycling company, providing services to both household and commercial customers in Ireland since 1994.
 
 
According to the Health and Safety Executive (HSE), the fines were imposed for breaches of health and safety legislation on March 21, 2008 at Luddenmore, Grange Kilmallock, Co. Limerick. The case arose as a result of the death of John Wright, an employee of Mr. Binman. (WCxKit)
 
 
Wright was involved in an accident at the waste management facility where he was struck with a loading shovel machine. Wright, a bin truck driver, was walking from his truck to the offices/canteen area when the incident occurred.
 
 
Wright was removed from the scene to the Limerick Regional Hospital where he later died from his injuries. He had worked for Mr. Binman for approximately 14 years and was 64 years old.
 
 
Speaking after the judgment, Martin O’Halloran, chief executive of the Health and Safety Authority, said, “This accident was foreseeable and preventable. It is clear in this case that "Mr. Binman" failed in its duties to ensure that mobile machinery and pedestrians could move about the workplace in a safe manner.”
 

Author Robert Elliott, executive vice president, Amaxx Risk 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.


Our WORKERS COMP BOOK: 
www.WCManual.com

WORK COMP CALCULATOR:  www.LowerWC.com/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.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Posted in Legal Doctrines, Medical Issues, Safety and Loss Control, WC in Other Countries (International) |


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Failure to Monitor Radiation Increases Cited at Ohio Nuclear Plant


According to the Nuclear Regulatory Commission (NRC), four workers were retracting a radioactive source range monitor from the reactor core while the plant was shut down for a refueling outage. They detected a rapid increase in radiation levels, stopped the procedure, and left the area immediately.
 
 
"Even though there was no overexposure to the workers, no impact on the safety of the plant or the public, plant staff failed to conduct an adequate radiological evaluation of the activity and to implement necessary controls to eliminate a potential for overexposure," said Region III Administrator Mark Satorius. "We have inspected the plant's actions to make sure plant staff are prepared to conduct activities in accordance with safety requirements, and we will conduct additional inspections to ensure plant activities continue to be performed safely."
 
 
NCR issued violations of low to moderate safety significance to the Perry Nuclear Power Plant, located in Ohio, and said oversight will be "significantly increased." The plant is operated by FirstEnergy Nuclear Operating Co. in NRC's Region III. (WCxKit)
 
 
The power plant operates under a license issued in 1986 and is a boiling water reactor, according to NRC's online data. NRC issued details regarding the violations saying the alleged occurrences happened last April.

 

 
Author Robert Elliott, executive vice president, Amaxx Risk 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.

Our WORKERS COMP BOOK:  www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/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.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Posted in Communication with Employees, Risk Management, Safety and Loss Control |


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