A mural depicting the grim reaper wielding a scythe with a drug syringe tip prompted civil liberties advocates to urge staff at the Vancouver (Canada) fire hall, where it's mounted, to get sensitivity training — a call the firefighters say is unnecessary. According to The Canadian Press, the controversial painting is visible only through the windows of the Downtown Eastside fire department, serving a neighborhood known for its large drug-using population and safe-injection site.
The blade of the scythe displays the department's nickname during the time it was painted, “Skids,” and a motto below states: “It's not the end of the world. But we can see it from here.”
The mural has been up for more than a decade but thanks to new media attention, the fire hall is promising to take it down soon.
But the B.C. Civil Liberties Association says the process has taken much longer than it should have and can't just be shrugged away.
When association members were alerted to the mural last month, they asked for it to be taken down. The mural was promptly covered up, and remained so throughout the Winter Olympics. (workersxzcompxzkit)
Nearly seven weeks later, the association's executive director was reportedly aghast to spot it in full view once more.
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, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
Podcast/Webcast: Occupational Health Strategies
Click Here:
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.
It’s both costly and painful to learn by our mistakes. As in many workers’ comp cases, a too detailed summary of the proceeding loses the whole point. In this case, we know little about the exact details, but we know a bunch of lawyers submitted a lot of bills – because the employer did not keep unambiguous records.
In a decision this week in the Matter of McLean v. Amsterdam Nursing Home, (2010 NY Slip Op 03017, dec’d 2/15/10,NYAD, 3d Dept.) the court decided the evidence regarding the employer’s payments to the worker for lost time years after an accident needed further development. The case illustrates the need for accurate, unambiguous record keeping for all lost time payments, even many years after a compensation claim.
If a claim is reopened at least seven years after the original accident and at least three years after the last payment of compensation, the claim is no longer the liability of the employer but become the responsibility of the Special Funds.
Many times, however, payment of sick benefits for lost time and/or accrued vacation time becomes an issue. Was it intended to be an advanced payment of compensation? Or was it simply payment of employee benefits having nothing to do with a work-related accident?
The best evidence is a contemporaneous note, written at the time of payment, as to the exact purpose of the payment, i.e., full documentation.
Because the facts in the above case were somewhat unclear the need for further developments became necessary. (workersxzcompxzkit)
Clarity results in fewer hearings and appeals, resulting in savings for the employer.
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: Occupational Health Strategies
Click Here:
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.
A 40-year-old Butte man has pleaded guilty to defrauding the federal government with false workers' compensation claims. According to The Montana Standard, the individual pleaded guilty in U.S. District Court in Missoula to theft of federal government money by fraud. His sentencing is scheduled for July 8.
The worker is accused of collecting nearly $30,000 in workers' comp benefits from Homeland Security and the Department of Labor from February 2008 to February 2009 while falsely claiming to be disabled. He reported injuring his back while inspecting luggage in his job as a security officer for the Transportation Security Administration at Gallatin Field Airport.
Officials began investigating the individual when one of his doctors saw him walking normally in a Butte mall. (workersxzcompxzkit)
Investigators followed him on a two occasions, recording video of him driving for long periods and walking normally when he claimed he could only stand or sit for 20 minutes and had been bedridden for two years.
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, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
Podcast/Webcast: Occupational Health Strategies
Click Here:
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.
A proposed $657 million settlement for people who worked at New York's Ground Zero following the 9/11 terror attacks is too small according to a federal judge.
Some rescue workers and police officers are suing New York City, saying they suffered health problems working in the dust and debris.
10,000 Federal Judge Alvin Hellerstein said he did not believe the agreement represented a sufficient sum of money. The judge said further negotiations were needed for a fair deal.
Hellerstein noted the injured workers should be able to know the approximate value of the cash award they could receive prior to deciding whether or not they should accept the settlement. He added he was worried too much of the final amount would be taken up by legal fees.
Under the present deal, lawyers' fees may be taken from a $1 billion fund set aside by the federal government to cover the claims.
The fund was set up following the attacks when New York City was unable to find private insurance to cover claims originating in the clean-up effort.
The deal, announced just over a week ago, requires 95% of the plaintiffs to accept it in order for the claim to move forward. Workers were allowed just 90 days to decide whether they wanted to take part. (workersxzcompxzkit)
The judge added this was not enough time for the plaintiffs to make a decision with so much on the line.
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
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.
The toll on the body occurring when playing in the National Football League is being tested off the gridiron these days.
A claim was filed in California by the wife of a retired NFL player, alleging the dementia he developed in his late 50s, necessitating his being placed in an assisted living facility at age 64, is a direct result of his time spent as an NFL lineman from 1966 to 1973. The man played for the Pittsburgh Steelers and later the San Diego Chargers and during that time he "sustained more concussions than he could count," The New York Times reports.
Medical science has tied concussions with heightened rates of depression, mental decline and Alzheimer's disease. In fact, The Times reports researchers at "Boston University and West Virginia University have found chronic traumatic encephalopathy — a disease caused only by head trauma that typically results in progressive cognitive decline — in the brain tissue of many deceased players."
The player’s wife filed a claim in California, where the state's workers’ compensation system tilts in favor of retired athletes. According to state records, some 700 former NFL players are pursuing cases in California, with most of them in line to receive routine lump-sum settlements of about $100,000 to $200,000.
While most of these cases focus on knee and shoulder injuries sustained as a result of an NFL career, as well as other orthopedic conditions, this player’s case is likely to be precedent setting, in that it alleges the reason for dementia lies with work-related injuries, and thereby with the NFL itself.
His wife's main reason for pursuing the claim is to make guaranteed care for retired players who require it and do not qualify for the 88 Plan. 88 Plan is a “program run jointly by the NFL and the players’ union that reimburses medical costs of families of former players with dementia up to $88,000 a year." (workersxzcompxzkit)
At the present time, families receive cost reimbursements, but the bigger issue is that some players may not be able to get long-term care insurance because they are at risk for considerable cognitive or neurological damage, and therefore the families have to deal with the expenses.
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, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. She can be contacted at: RShafer@ReduceYourWorkersComp.com or 860-553-6604.
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.
Nearly one in four of the construction sites visited by Great Britain’s Health and Safety Executive (HSE) during March failed safety checks.
Inspectors from HSE carried out checks at 2,014 construction sites across the country as part of an intensive inspection campaign aimed at reducing death and injury in one of Britain's most dangerous industries.
During unannounced visits, inspectors focused on refurbishment and roofing work to ensure any work at height was being done safely and that the sites were in good order. A total of 2,414 contractors were inspected during the campaign.
A total of 691 enforcement notices were issued at 470 sites, with inpsectors giving orders for immediate work stoppage in 359 instances for either unsafe work being carried out at height or where sites lacked "good order." The majority of all notices issued related to unsafe work being carried out at height.
Philip White, HSE's Chief Inspector for Construction, noted, "There are still a small number of employers or contractors who continue to put their own and other people's health and safety at risk. This is unacceptable. I want to make it clear to these operators that we will not hesitate to take action where standards of health and safety are endangering workers lives and livelihoods."
During 2008/09 there were 53 deaths in construction and 11 264 injuries. (workersxzcompxzkit)
Last year, inspectors visited 1,759 sites, 2,145 contractors and issued 491 enforcement notices during a similar month-long initiative.
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, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
Podcast/Webcast: Occupational Health Strategies
Click Here:
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.
Legislation to reform Oklahoma’s workers’ compensation court and system passed a House committee. Senate Bill 1973, by Rep. Dan Sullivan, decreases the number of judges in the Oklahoma Workers’ Compensation Court from ten to eight and requires five of the judges to be permanently assigned to the court in Oklahoma City and three to the court in Tulsa.
The bill also increases workers’ comp judges’ terms from six to eight years, and puts in place a single-term limit on any new judges. Senate confirmation is necessary to fill any new vacancies on the workers’ comp court. Finally, judges are required to have at least five years of workers’ comp experience before gaining appointment, among other reforms.
The legislation also addresses issues with how cases are handled and how to provide a reduction in the cost of the system all while maintaining the top medical care for workers. (workersxzcompxzkit)
The bill passed the House Economic Development and Financial Services Committee the week of April 5 with a vote of 9-5 and moves onto the full House.
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: Occupational Health Strategies
Click Here:
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.
Large medical and wage claims costs for workers shown to be permanently partially disabled are the major reasons behind the state's high workers' compensation insurance rates, a Montana State Fund analysis reports.
According to The Associated Press, Dan Gengler, the state fund's internal actuary, presented a report last week to the State Fund's board of directors outlining why workers' comp insurance premiums for Montana businesses were the second highest nationwide for fiscal 2008. As a result, state lawmakers are searching for means to reduce costs.
Gengler's report notes claims from workers determined to be "permanently partially disabled" make up 9% of claims but account for 70% of overall work comp costs.
An individual with a permanent partial disability is classified as one with a workplace injury permanently preventing the ability to work. Benefits include wage payments while out of work and medical coverage.
Gengler's report noted such claims take place in Montana at a rate 50% above the average in other states and that medical costs for such claims are two times higher than other states.
The 2008 report noted Montana's work comp rates are approximately $3.50 for every $100 of payroll, 50% the national median of $2.25. (workersxzcompxzkit)
Montana law allows doctors broad authority to determine treatment in workers' comp claims, Gengler said.
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
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.
With so many different things causing potential cost increases in your workers’ comp budget, every employer needs to make employee pre-screening a top priority. Effective pre-screening of potential employees optimizes workforce productivity and INCREASE the company’s bottom line.
Pre-screening during the employment process identifies a variety of issues such as medical, alcohol or substance abuse, and other factors not always detectable during the normal interview process. Some issues may make a particular candidate a poor fit for employment at your company. (Keep in mind laws and regulations governing hiring the disabled and anti-discrimination rules.) As a general rule, "medical tests" can only be done AFTER a contingent job offer is made.
Conventional pre-screening, such as background checks and drug testing are good ways to weed out obvious candidates. However, even these methods are not fool proof as there are quite a few ways for some individuals to sneak by these common pre-screen tools. Human Resources (HR) must use strict guidelines with very sophisticated forms of drug testing and background research to prevent applicants from slipping by. They may also consider "integrity testing" which has an excellent track record for detecting people with the inclination to lie, cheat, steal or malinger.
The added cost of such tests may appear to reduce the company’s profit margins, or hiring process overhead, but in reality spending a little more money during the hiring process will undoubtedly save the company more money on the backend, and provide a better level of qualified candidates. Many companies find that a very high percentage of new hires (hired within one year) account for the majority of their new workers' compensation claims.
As part of the employment process, many larger companies use a phased process starting with the basic employment application and aptitude or personality assessment tests. As the hiring process continues, interviews are conducted and HR personnel gauge their impressions against the employment application and test results. If HR chooses to move forward in the hiring process with the applicant drug screening, background checks, and medical evaluations can be performed; if not, HR moves on to other candidates.
As the hiring process moves closer to making a choice of one or more potential applicants, reviewing all of the application data including aptitude and personality tests, background information and medical evaluations helps human resources personnel form a profile of the each candidate — a wealth of information they then use to make their final decisions.
Smaller companies with tighter hiring budgets can still take advantage of the phased hiring process, by applying the methods as needed to either further qualify or reject a potential candidate. In situations where medical evaluations aren’t required, they can be by eliminated, further reducing expenses in the hiring process. (workersxzcompxzkit)
The hiring process in indentifying qualified and productive people may seem like a burden, but if you consider the amount of money spent on paying for substance abuse treatment, counseling, or other medical costs from injury, on top of the money lost from replacing unqualified employees, being proactive and diligent in the initial screening of potential employees undoubtedly saves both money and time.
CONSULT WITH YOUR LEGAL COUNSEL to determine what type of testing, and the timing of the testing, is allowed in your state. This is intended as a general guideline and is not applicable to all states or any particular states as state laws vary and change often.
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
©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.
In 2009, British Columbia's WorkSafeBC imposed a record total penalty amount of more than $4.4 million against employers for violations of the Occupational Health and Safety Regulation and the Workers’ Compensation Act.
In 2009, 211 penalties were imposed against 190 employers, totaling $4,465,313.40. Individual penalties ranged from $1,000 up to $250,000. The previous record amount was a total of $4,256,516 for 221 penalties imposed in 2007.
The highest penalty in 2009 was imposed against Canadian Natural Resources Limited for an incident in which a young worker fell from a work platform on a drilling rig after it was engulfed in flames following an uncontrolled release of gas from a wellbore.
The firm failed to ensure the health and safety of its own workers and other workers where work was being done. In particular, it failed to analyze the risks arising from work activities and to implement safe work procedures as required under the Regulation. Workers 15 to 24 years of age are classified as young workers by WorkSafeBC.
A total of 16 incidents for which an employer was penalized in 2009 involved a fatality (two employers were penalized separately for a single incident, and there was more than one fatality in two incidents).
“Employers must take seriously their responsibility to ensure their workplace is healthy and safe for all workers,” said Roberta Ellis, vice president of the Policy, Investigations and Review Division at WorkSafeBC. “A penalty is not imposed if an employer is found to have taken all reasonable care to prevent a violation.”
Employers from 67 industry classifications received penalties. Companies in five construction-related classifications accounted for more than half (58.7%) of the penalties imposed in 2009. Those companies were in the following industry classifications:
1. Steep Slope Roofing – 29% (62)
2. House or Other Wood Frame General Contracting, Construction or Renovation Work – 10% (21)
3. Framing or Residential Forming – 8% (17)
4. Low Slope Roofing – 7% (15)
5. Industrial, Commercial, Institutional or Highrise Residential General Contracting or Construction – 4.2% (9)
“WorkSafeBC increased its inspection and investigation capacity, directing a more intense focus toward industries and employers presenting the highest risk to workers, including construction sites, and employers where compliance is a known issue, such as roofing,” Ellis said. “In 2008, we developed a team of 16 prevention officers to focus on residential construction.”(workersxzcompxzkit)
Penalty amounts vary from year to year due to the size of employers penalized (employers with larger payrolls are assessed higher penalties) and the seriousness of the violations. In certain circumstances, claim costs may be applied in addition to the penalty; and in extraordinary circumstances, WorkSafeBC has the ability to go beyond prescribed limits and increase the penalty amount. The maximum penalty amount is adjusted yearly. The maximum penalty amount for 2009 was $565,329.86.
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
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, Litigation Management, WC in Other Countries (International) |
