Find Out About Quality Claims Handling Services

MSP/MIR Compliance

Onsite Wellness Clinics, Nurse Triage, Pre-employment Screening

Physical Therapy and Rehabilitation

Federal Workers Comp Consultants and Managed Care

Buy Workers Compensation Business Insurance

Workers Compensation and Occupational Medicine Conference


Buy through Advisen

Buy through RIMS (RIMS Members)



Three Critical Tax Options for People with Disabilities


More than 9.6 million people with disabilities and their families rely on Social Security Disability Insurance (SSDI) benefits.  Many,  however ,  may be paying more taxes than necessary or missing out on important credits and deductions, according to a nationwide provider of Social Security disability representation and Medicare services. Those with disabilities may be unaware of certain tax provisions designed to decrease their tax liability. Some of these people with disabilities may have originally experience an occupational injury.

Three Critical Areas to Consider
1.  Understand How SSDI and Other Benefits are Taxed
Monthly SSDI Benefits
Up to 50% of SSDI benefits may be taxed. The amount taxed is determined by adding up one-half of your SSDI benefits plus ALL of your other income sources. You pay taxes on any amount above a base level.  In 2009, the base level was $32,000 for couples filing jointly and $25,000 for individuals.

The average
2009 monthly SSDI benefit was under $1,100, or $13,200 annually. That means many SSDI recipients own no taxes. However, a tax return should be filed to take advantage of available credits and deductions.

Lump-sum SSDI Benefits
It can take two to four years to receive disability benefits, resulting in a lump-sum back payment amount.  Paying taxes on this amount in one year is a mistake and may be financially devastating. The IRS allows taxes assessed on your lump-sum payment to be spread over previous tax years, using your current-year tax return, without filing an amended return. However, the calculations are complex, and it’s highly recommended filers seek tax assistance.

Other Benefit Sources
Many disabled people may rely on additional taxable income. Usually, workers’ compensation benefits and compensatory damages for injuries are not taxable.

Taxability
of long-term disability (LTD) insurance benefits depends on how the premiums are paid. If paid with after-tax dollars, the benefits are not included in taxable income. If paid with pre-tax dollars, as part of a cafeteria plan for example, or paid by the employer, the benefits are considered taxable income.

2.
 Explore Tax Credits Providing A Dollar-for-Dollar Tax Reduction or Refund
Earned Income Tax Credit (EITC) (Up To $5,657)
EITC is a refundable credit. When applied any amount higher than a person’s tax bill can be received as a tax refund. To be eligible, a taxpayer or spouse was employed for a part of 2009, earned below $13,440 to $43,279, depending upon filing status and the number of children claimed, and had investment income of no more than $3,100.

Credit for the Disabled (up to $7,500)
Disabled persons are eligible for this credit if they receive taxable disability income from a former employer’s accident, health or pension plan, and have 2009 adjusted gross income under $17,500 for single filers; under $20,000 for joint filers with one spouse eligible for the credit; or under $25,000 for joint filers with both spouses eligible.

Dependent Care Credit
If someone is paid to care for a dependent or spouse with physical or mental impairments while the primary caregiver works or looks for work, a tax credit of up to 35% of day care costs may be taken.

3.
 Use Tax Deductions to Further Lower Tax Costs
Standard Tax Deduction May Increase
Blind or visually impaired taxpayers may be entitled to a higher standard tax deduction.

Medical Deductions May Apply
Taxpayers who itemize can deduct medical costs equaling more than 7.5% of their adjusted gross income. Deductible expenses include medical and dental costs, travel expenses for treatment, long-term care insurance, medical insurance premiums and, for those with visual, hearing and physical disabilities, costs for certain equipment. (workersxzcompxzkit)

Deduct the Costs of Seeking SSDI Benefits
If you hire a representativeto help you get your SSDI benefits and you itemize, you can deduct the fee you pay your representative for tax advice and preparing your return.

We don't give tax advice, so check with your accounting and legal professionals to see whether this information may apply (or may not) in your situation. 

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, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.


Podcast/Webcast: Claim Handling Strategies
Click Here:

http://www.workerscompkit.com/gallagher/podcast/  Claim_Handling_Strategies/index.php 
 

Sign Up For the Newsletter
http://tinyurl.com/yfzxrsx

WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
TD Calculator: www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php
WC Calculator:
http://www.reduceyourworkerscomp.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.
 
©2010 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 ADA (Americans with Disabilities Act), Employment Law Issues |


Comments Off

A Ten Point Guideline for Adjusters How to Handle a Litigated Workers Compensation Claim


Employers must  provide adjusters with a set of “rules” or guidelines clearly showing how they want their litigated workers’ comp claims handled. Following a guideline fosters good communication between the adjuster(s) and employer and ensures all bases are covered.
 
1. Responding to the Complaint
Upon receipt of a litigation notice or an industrial commission hearing notice, the employer immediately faxes or e-mails a copy of the complete litigation notice to the adjuster to handle as an answer to the complaint or to file the request for a hearing with the appropriate court or industrial commission. 
The work comp adjuster contacts the employee's attorney and requests an extension of time to answer the complaint be granted in writing. The extension of time allows the adjuster and the employee's attorney to explore settlement possibilities without incurring defense cost. 
If the adjuster is unable to facilitate a settlement of the claim, the adjuster explores with the employee's attorney the use of arbitration or mediation to resolve the claim. 
If the employee's attorney refuses to agree to an extension of time to answer, or to agree to arbitration or mediation, or if the claim cannot be resolved, the adjuster then refers the claim to defense counsel for the filing of a timely answer to the complaint.
 
2.  Claim Handling
The work comp adjuster reviews the file reserves to be sure they are adequate for the anticipated settlement value of the claim. If an expense reserve for the cost of litigation is needed, the additional reserve are added.
If the employee's attorney is willing to settle the claim, but is demanding an amount greater than the adjuster's evaluation of the claim, the adjuster should consider the overall cost of settling the claim now versus the cost of defending the litigation and obtaining a possible more reasonable settlement later.
The adjuster reviews the complaint to make sure all aspects of the claim are covered by the workers' compensation coverage. If there are any allegations made by the employee's attorney not covered by the workers' compensation insurance, the adjuster makes the employer aware of the possible exposure outside of the workers' compensation coverage. For example: an employer's liability claim, or an ADA complaint.
An Action Plan for the future handling of the litigation is completed and each aspect of the Action Plan is placed on the adjuster's diary for follow-up.
 
3.  Defense Counsel Selection
The adjuster refers the litigation complaint to the defense counsel previously selected by the employer or the employer's insurer. (The time to select defense counsel is before one is needed).
An attorney assignment letter is sent to the defense counsel with the pertinent information from the claim file with a copy of the litigation complaint.   The assignment letter requests a litigation budget in the format previously provided by the employer or the insurer to the defense counsel.    All reporting requirements for the defense counsel are outlined in the assignment letter.
 
4.  Acceptance by Defense Counsel
The adjuster should receive from defense counsel a letter acknowledging receipt of the claim, confirming counsel filed an answer with the appropriate court or industrial commission. The acknowledgment letter also must outline the defense attorney's evaluation of the claim, the proposed course of action and the recommended litigation budget.
 
5.  Litigation Budget
The work comp adjuster reviews the detailed litigation budget prepared by defense counsel. The litigation budget includes not only court time but also the need for discovery, any research or other extra legal expense. If the adjuster has any questions or qualms about the proposed legal expense in defending the litigation, the adjuster addresses the issues with defense counsel prior to the litigation defense proceeding. The litigation budget may also be used to establish or change the expense reserving on the file.
 
6. Further Claim Handling
The adjuster remains responsible for the work comp claim. The adjuster never abandons the claim to defense counsel because it is being litigated. The adjuster performs any additional investigation the defense attorney recommends. The adjuster also hires any outside vendors or experts the defense attorney believes necessary in the handling of the litigation.  The adjuster keeps the employer informed of the status of the litigation and the anticipated outcome. 
While the employer relies on the expertise of the workers’ comp adjuster and the defense attorney, the employer must be willing to offer advice, opinions or guidance, if needed.
 
7. Status Reports from Defense Counsel
All significant developments on the claim are reported by defense counsel to the adjuster. If progress on the litigation is slow, the defense attorney is required to report at least every 90 days on the actions taken to resolve the claim. The defense attorney's status reports cover only developments since the last prior report and do not repeat content of prior reports.   Each report from the defense counsel includes an action plan on how the attorney plans to move the claim forward.
 
8. Directions to Defense Counsel
Each time the defense attorney reports to the adjuster, either by written report or telephone, the adjuster reviews the progress being made on the claim. Extensive discovery, depositions or other time consuming activities are avoided if there is a potential to resolve the workers’ comp claim. The adjuster advises the defense attorney as to the course of action the adjuster wants the defense attorney to follow. The adjuster maintains rapport with the defense counsel while directing the activities on the litigation. Litigation can be best controlled by preparing a set of templates which can be customized for each claim or case.  Documents such as who your company is, how you expect the claim to be handled, possibly even a set of suggested interrogatories.
 
9.  Trials or Final Industrial Commission Hearings
When a trial date or final hearing date is received by the adjuster, the adjuster incorporates the date into the file diary and the file action plan. The defense attorney is directed to provide a pre-trial or pre-hearing report at least 30 days prior to the set date. The adjuster discusses strategy for further handling of the work comp claim with the defense attorney.
If further settlement authority is needed, the adjuster discusses the additional settlement authority with the employer and/or the insurer upon receipt of the trial date or final hearing date, not at the start of the trial or final hearing.
During any trial or hearing lasting longer than a day, the defense attorney provides the adjuster with a daily verbal report on the significant events that have occurred.
 
10. Legal Bills
Prior to the payment of any legal bills through the course of the litigation, the adjuster reviews the legal bills to verify they are in accordance with the litigation strategy and the litigation budget agreed upon with defense counsel. 
If the legal cost is substantial or if the adjuster has concerns about the accuracy or appropriateness of the legal bills, the legal bills are referred to a legal bill audit company for review. (workersxzcompxzkit)
The claim file notes include the receipt of all legal bills and confirmation by the adjuster that the legal bills were reviewed and approved by the adjuster. If there is any question regarding the legal bills, the adjuster outlines in the file notes the steps being taken to resolve the billing question before paying the legal bill.

 

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, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.


Podcast/Webcast: Claim Handling Strategies
Click Here:

http://www.workerscompkit.com/gallagher/podcast/  Claim_Handling_Strategies/index.php 
 

Sign Up For the Newsletter
http://tinyurl.com/yfzxrsx


FREE WC IQ Test: http://www.workerscompkit.com/intro/
TD Calculator: www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php
WC Calculator:
http://www.reduceyourworkerscomp.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.
 
©2010 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 Employment Law Issues, Litigation Management, Risk Management, TPA and Claims Administration |


Comments Off

BRITAIN Employee Driving Tractor Killed Employer is Fined


The Court fined a British farm worker for killing his employer in a farming accident.  He pleaded guilty to breaching Section 7 (a) of the Health and Safety at Work Act 1974. The man was fined £450 ($693) and ordered to pay costs of £1000 ($1,539).
The man was reversing a tractor, at speed, through the farmyard when the accident occurred. Visibility was restricted when he ran over his 73-year old employer who subsequently died.

The court
considered two factors in its decision: the man had received a number of previous warnings about driving at speed; and, the Health and Safety Executive (HSE) investigation found  a four and a half meter skid mark on the ground where the workers  tried to stop the vehicle after hitting his employer.
(workersxzcompxzkit)

HSE inspector
Dr Samantha Farrar said, "This was a tragic case where the actions of one farm worker ultimately left his employer dead. He was warned about driving the tractor at speed around the farm, but sadly did not take this advice on board. I cannot stress enough the importance of watching out for other people and keeping speed down when driving tractors, especially when visibility is restricted."

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, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.


Podcast/Webcast: Claim Handling Strategies
Click Here:

http://www.workerscompkit.com/gallagher/podcast/  Claim_Handling_Strategies/index.php 
 

Sign Up For the Newsletter
http://tinyurl.com/yfzxrsx

Buy Work Comp Insurance: Click Here:
 http://www.workerscompkit.com/gallagher/QuoteCenter/workers-compensation-insurance.php 
 

We accept articles about WC cost containment. Contact us at: Info@ ReduceYourWorkersComp.com.com.
 

Visit Our Websites: Reduce Your Workers Comp: www.ReduceYourWorkersComp.com/
Workers Comp Kit: www:workerscompkit.com/
FREE WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
TD Calculator: www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php
WC Calculator:
http://www.reduceyourworkerscomp.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.
 
©2010 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 Employment Law Issues, Litigation Management, Safety and Loss Control, WC in Other Countries (International) |


Comments Off

Oh My Aching Back Chronic Pain and Work Comp in Canada


If you're the person with chronic pain and you can't work, it would be great to receive work comp benefits.  And, the court in British Columbia, Canada agrees.
 
The power to hear complaints that the chronic pain policy of the Workers’ Compensation Board is discriminatory was granted to the province of British Columbia’s Human Rights Tribunal by the B.C. Court of Appeal.
 
Three people suffering from chronic pain as a result of work-related injuries challenged the Worker’s Compensation Board's policy making chronic pain awards a fixed percentage of total disability awards, according to The Canadian Press.  The individuals claim the policy of the board, officially known as WorkSafeBC, denies them of rights available to the public.

When the board upheld the policy, the complainants took the issue to the Human Rights Tribunal. Initially, the  board won a B.C. Supreme Court ruling saying the tribunal had no right to interfere in the issue. (workersxzcompxzkit)
 
The appeal court claims the tribunal's decision to proceed with the complaints should not have been quashed and ruled the Human Rights Code gives the tribunal discretion to hold a hearing into a complaint even if another body has already ruled on the matter.
 

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, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.


Podcast/Webcast: Claim Handling Strategies
Click Here:

http://www.workerscompkit.com/gallagher/podcast/  Claim_Handling_Strategies/index.php 
 

Sign Up For the Newsletter
http://tinyurl.com/yfzxrsx


FREE WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
TD Calculator: www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php
WC Calculator:
http://www.reduceyourworkerscomp.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.
 
©2010 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 Canada Workers Comp, Employment Law Issues, Medical Issues, Settling WC Claims |


Comments Off

Fishing for Work Comp Fraud How Investigators Reeled in a False Claim


An important part of reducing workers’ comp claims costs is the employer’s willingness to use every tool in the work comp cost reduction toolbox. One tool, investigating suspicious claims, worked out very well for Wal-Mart when it discovered one of its “greeters” was not as unable to work  as she claimed.
The “greeter” filed a work comp claim after a work-related injury claiming knee, neck and shoulder injuries. Following surgery, she continued to complain about pain and did not return to work until two years after her initial injury. After returning to light duty, the worker said her pain was so extensive she could not continue to work. In all, the claim covered a 4-year period.
The Investigation
In a deposition supporting her claim of being unable to work at all, the woman said she needed the support of a cane to move and found it difficult to stand, kneel and lift. The employer decided to investigate her claim.
Investigators videotaped the “injured” worker during a fishing expedition hauling in an anchor and casting a fishing rod – activities requiring her to twist and bend over the boat’s side and use her shoulder for casting.  (Try to picture someone using a cane while fishing!)
Two felonious charges of workers’ comp fraud and perjury, with a possible prison term of up to 25 years, were brought against the woman. (workersxzcompxzkit)
Employers are encouraged to investigate suspicious claims to discourage fraudulent claims. Especially in cases where the injuries sustained do not match the physical requirements of the job position. A greeter is not necessarily required to “stand, kneel or lift” and a job modification is to provide a stool. In addition, when employees observe the company’s readiness to move toward work comp claim investigations, the temptation toward filing fraudulent claims is reduced.
(Extracted   Torrington Register Citizen/Journal Inquirer, Feb 2010)

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, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.


Podcast/Webcast: Claim Handling Strategies
Click Here:

http://www.workerscompkit.com/gallagher/podcast/  Claim_Handling_Strategies/index.php 
 

Sign Up For the Newsletter
http://tinyurl.com/yfzxrsx


FREE WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
TD Calculator: www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php
WC Calculator:
http://www.reduceyourworkerscomp.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.
 
©2010 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 Employment Law Issues, Fraud and Abuse, Litigation Management, Management Commitment, Risk Management, Settling WC Claims |


Comments Off

CMS Delays Mandatory Insurer Reporting


In a continuing effort to help keep you up-to-date on happenings in Medicare, Gould & Lamb has provided the following summary of important and timely information. 
 
On February 17, 2010, Centers for Medicare and Medicaid Services (CMS) announced it will delay Mandatory Insurer Reporting until 1/1/2011.  While reporting is delayed, what needs to be reported has not changed.  This means claims/settlements involving Medicare beneficiaries during this interim period still must comply with the Medicare Secondary Payer Statute (MSP) and will be reported to CMS if they meet requirements on 1/1/2011.  The reason for the delay is simple, the industry as a whole was not ready for a 4/1/2010 go-live date.  In fact, only 3 Reporting Agents successfully moved to production status with CMS as of 2/17/2010.  All remaining Reporting Agents were still unsuccessfully testing systems.  

Gould & Lamb
was one of the three companies to successfully complete testing and be in production for all of our thousands and thousands of RRE IDs.  They say, "We have been processing live Medicare Query results for our clients for over 6 months and are ready to proceed with live MIR data feeds beginning 4/1/2010.  We encourage our clients to continue to act proactively and not substantively delay their efforts for reporting, pending a review of the soon to be released User Guide (2/22/2010).  There is no benefit to delaying until 1/1/2011, unless you are completely unprepared to report until this time, and you only increase your risk and clean up efforts in the future.  Bottom-line: The claims you handle today will be reported tomorrow." 

If you chose
a Reporting Agent who has been unable to pass testing for the reporting requirement after over 2 years of prior notice and development, NOW   is a good time to explore your options and make a change without penalty .   Select a service prepared to take on additional MIR clients immediately and can successfully integrate both small clients and large clients regardless of needs and system complexities.  (workersxzcompxzkit)
 
 
The CMS Announcement
CMS advises all NGHP RREs that the date for first production NGHP Input Files is changed from April 1, 2010 to January 1, 2011, effective immediately.

  •  NGHP File data exchange testing will continue.  All NGHP RREs should now be registered with the COBC, and either in or preparing for file testing status.  NGHP file data exchange testing may continue during 2010, as needed. 
  • All NGHP file data exchange testing will be completed by December 31, 2010.  NGHP RREs that have completed file data exchange testing at any time are encouraged to proceed to production file data exchange status.
During the week of February 22, CMS will post on their website the next version of the "Section 111 NGHP User Guide" and a number of Alerts relating to particular NGHP policy issues.  Also during the week of February 22, on this Website CMS will post an alert for NGHP RREs describing the steps those RREs can take to assure their ongoing compliance with the Section 111 reporting requirements. http://www.cms.hhs.gov/MandatoryInsRep/04_Whats­­­­­­­­­_New.asp#TopOfPage.

Contact: Nick Collins, Vice President of Strategic Services, nick.collins@gouldandlamb.com;  866-672-3453, Ext 1332. Gould & Lamb welcomes feedback and comments. Contact:  866-672-3453; clientservices@gouldandlamb.com.

Podcast/Webcast: Claim Handling Strategies
Click Here:

http://www.workerscompkit.com/gallagher/podcast/  Claim_Handling_Strategies/index.php 
 

Sign Up For the Newsletter
http://tinyurl.com/yfzxrsx
 
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
TD Calculator: www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php
WC Calculator:
http://www.reduceyourworkerscomp.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.
 
©2010 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 Employment Law Issues, Federal Workers Compensation |


Comments Off

Will Family Court View Work Comp Payments As Assets


Workers’ compensation payments are periodic payments of money – but are they assets? Property? What rules apply to them in a family support or divorce matter?
 
When the New York Workers’ Comp Board makes awards, especially awards for “permanent” disability, or makes a final settlement award, many people come to think of the award as a common form of property. However, like much else in workers’ comp, the truth is far different.
 
First, “permanent” disability is not really permanent. The Board can change the award at any time under Sect 123 of the WCL and rule a permanently disabled worker is no longer disabled at all.
 
Second, even where awards continue to be paid they are not property the worker may dispose  of at will. Section 33 of the WCL describes periodic payments as being generally free of liens and may not be transferred by the worker.
 
New York has recognized since 1935 that comp payments are for the support of a family, not just the worker. New York courts, since 1984, may issue orders of support, which become liens on comp payments under Sects. 5241 and 5242 of the CPLR.
 
What this means  is during a divorce the parties may not agree to apportionment or assignment of compensation payments. There is continuing joint oversight of the payments by the compensation board. The Board rules on the amount of the payment. And, the Supreme Court, rules as to how the amount  may be distributed.
 
The dark side of work comp and family support is many younger workers, seeing an extended comp claim as a chance to shed an old relationship and start anew, move, halt contact or otherwise try to conceal a settlement of a comp claim – often, currently, ones over $100,000. (workersxzcompxzkit)
 
An employer should not be surprised to receive phone calls from an angry estranged spouse if a former worker is now on continuing comp. The call, predictably, is about learning the amount of work comp and where it is being sent. Such calls should be referred to the WCB, which will direct a spouse or child to the proper people for assistance.


Author
: Attorney Theodore Ronca
is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers' compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.


Podcast/Webcast: Claim Handling Strategies
Click Here:

http://www.workerscompkit.com/gallagher/podcast/  Claim_Handling_Strategies/index.php 
 

Sign Up For the Newsletter
http://tinyurl.com/yfzxrsx


FREE WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
TD Calculator: www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php
WC Calculator:
http://www.reduceyourworkerscomp.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.
 
©2010 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 Employment Law Issues, NY Workers Comp Issues, Settling WC Claims |


Comments Off

Missouri Considers Change to Help Injured Workers


Discussions to look at legislation designed to assist a financially troubled fund for injured workers is currently under discussion by a Missouri House committee.
 
The Second Injury Fund, according to the Associated Press (AP), encompasses claims from those workers with prior injuries or conditions who are re-injured while at work.  Analysts have warned for some time the Fund is running low on money, and the state's attorney general's office halted setting injured workers' cases in the fall of 2009.
 
A bill proposed by House member Barney Fisher would cap settlements and place restrictions on the kinds of injuries qualifying for Second Injury Fund payments. The committee held a hearing on Monday, February 15 to review the proposal.


Podcast/Webcast: Claim Handling Strategies
Click Here:

http://www.workerscompkit.com/gallagher/podcast/  Claim_Handling_Strategies/index.php 
 

Sign Up For the Newsletter
http://tinyurl.com/yfzxrsx
 

Visit Our Websites: Reduce Your Workers Comp: www.ReduceYourWorkersComp.com/
Workers Comp Kit: www:workerscompkit.com/
FREE WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
TD Calculator: www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php
WC Calculator:
http://www.reduceyourworkerscomp.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.
 
©2010 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 Employment Law Issues, Settling WC Claims |


Comments Off

NEW ZEALAND Privacy Breach about Injured Employees Medical Information


January Employer Injury Report Data Miss-Matched

Every month  New Zealand's Accident Compensation Corporation (ACC) provides businesses around the country with a report on injuries occurring in the workplace. The report assists the businesses to better manage health and safety performance using the information from the report.

Consisting of  a cover sheet and an attachment, the names of individuals, types of injuries sustained and the cost to date are included in the report. About 15,000 businesses receive the report each month.

In line with  standard practice, ACC uses an external mail-house who collate and send the reports on ACC’s behalf. The external mailer is not involved with the data in individual reports.

"While the mail-house  has measures to ensure the right attachment goes with the right cover letter, unfortunately a problem occurred with the January mail-out. The reports were incorrectly collated and some 2,000 businesses received information, some private, intended for other organizations,” Dr Keith McLea, ACC general manager, said.

"Upon becoming  aware of this we immediately put into place steps to retrieve the reports and get them to the correct businesses. We have also requested a full investigation be done by the mail-house and asking them to review their processes to ensure this does not happen again. We have also contacted the Privacy Commissioner to advise what has happened.

"Our clients’  information is of the utmost importance to us and we’re very disappointed that privacy may have been breached. Our prime concern is to ensure we get this information back as soon as we can. After that we will of course be holding discussions with the mail-house," McLea added. (workersxzcompxzkit)

McLea noted  that the ACC apologizes unreservedly to the individuals and businesses affected by this unacceptable error and assures them ACC is doing everything possible to ensure it does not happen again.
 

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, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.


Podcast/Webcast: Claim Handling Strategies
Click Here:

http://www.workerscompkit.com/gallagher/podcast/  Claim_Handling_Strategies/index.php 
 

Sign Up For the Newsletter
http://tinyurl.com/yfzxrsx

Buy Work Comp Insurance: Click Here:
 http://www.workerscompkit.com/gallagher/QuoteCenter/workers-compensation-insurance.php 
 


WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
TD Calculator: www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php
WC Calculator:
http://www.reduceyourworkerscomp.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.
 
©2010 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 Employment Law Issues, Litigation Management, WC in Other Countries (International) |


Comments Off

Overqualified Employees Can Sometimes Equal Unproductive Workers


According to a recent  University of Houston study, too much experience can be a bad thing for some employees as they tend to be unproductive workers. 

Christiane Spitzmueller,  UH assistant professor of psychology, notes that a survey of 215 pairs of employees and supervisors in a number of industries discovered that overqualified professionals often engage in counterproductive work behaviors. Spitzmueller said such discoveries could ultimately benefit human resources professionals and recruiters.

Employees responded  to questions regarding how their previous work experiences and educational backgrounds complemented their day-to-day tasks. Supervisors provided details on counterproductive work behaviors observed in the workplace.

“They (overqualified  employees) might be absent frequently or not focused on their work," commented Spitzmueller, who conducted the study with UH graduate student Alexandra Luksyte. "They also might take things from the office that they’re not supposed to, play video games at their desks and generally, do things other than their assigned tasks," she added. (workersxzcompxzkit)

Burnout  is one of the top reasons overqualified employees tend to focus more on counterproductive behaviors rather than their work assignments, according to Spitzmueller.

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, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com.


Podcast/Webcast: Claim Handling Strategies
Click Here:

http://www.workerscompkit.com/gallagher/podcast/  Claim_Handling_Strategies/index.php 

Visit Our Websites: Reduce Your Workers Comp: www.ReduceYourWorkersComp.com/
Workers Comp Kit: www:workerscompkit.com/
FREE WC IQ Test: http://www.workerscompkit.com/intro/

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@ ReduceYourWorkersComp.com
Posted in Absence Management, Employment Law Issues |


Comments Off