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Georgia Worker Seeks Additional Benefit After Being Burned by a Heating Pad


Tom Robinson, J.D., primary upkeep writer for Lexis Nexis’s Workers’ Compensation Law Practice Area and a noted authority on workers’ compensation law, has found another interesting case for us this week.

Here’s what happened:
A worker fractured his left hip in a work-related auto accident. Almost two years later, while using a heating pad to alleviate soreness to his hip, he fell asleep and sustained third-degree burns to the hip. He sought additional benefits for the “superadded” injury, contending it was “related to” his earlier work-related injury, that the use of the heating pad was reasonable and necessary for the hip injury. The Board disagreed, finding the burn did not result from prescribed medical treatment and was not a natural consequence of the hip injury. On further review, a state superior court ruled the burn injury was compensable because the heating pad was used as “a consequence” of the original hip injury.

Here’s how the court ruled:
In City of Atlanta v. Roach,
 2009 Ga. App. LEXIS 440 (April 8, 2009), the Court of Appeals of Georgia (Second Division) held that as there was some evidence to support the Board’s findings that the heating pad, not having been prescribed by a physician, was not a reasonable and necessary treatment under O.C.G.A. § 34-9-200(a), and that the burn arose from a combination of the worker’s use of the pad and falling asleep while lying on it, the superior court was bound by the Board’s findings. The appellate court reversed the judgment of the superior court insofar as it ruled that the worker sustained a superadded injury.

From my perspective,  this is admittedly a close case. Under the “Direct and Natural Consequence Rule” [see generally Larson's Workers' Compensation Law § 10.01], a subsequent injury–whether an aggravation of the original injury or a new and distinct injury–is compensable if it is the direct and natural result of a compensable primary injury. (workersxzcomp) Two factors seem to have been important in breaking the causation chain here: (1) the fact that the burn occurred two years after the compensable injury, and (2) the fact that no physician had prescribed or suggested heat treatment to the hip. Practitioners should note that had the Board made its factual determination in favor of the injured employee, the Court of Appeals would likely have found substantial evidence supported that decision as well.

See generally  Larson’s Workers’ Compensation Law §§ 10.01, 10.04, 130.05.

Tom Robinson, J.D. is the primary  upkeep writer for Larson’s Workers’ Compensation Law (LexisNexis) and Larson’s Workers’ Compensation, Desk Edition (LexisNexis). He is a contributing writer for California Compensation Cases (LexisNexis) and Benefits Review Board – Longshore Reporter(LexisNexis), and is a contributing author to New York Workers’ Compensation Handbook(LexisNexis). Attorney Robinson is an authority in the area of workers’ compensation and we are happy to have him as a Guest Contributor to Workers’ Comp Kit Blog. Tom can be reached at: compwriter@gmail.com.
http://law.lexisnexis.com/practiceareas/Workers-Compensation

Try the WC Cost Calculator to www.ReduceYourWorkersComp.com/calculator.php
Look at WC 101 for www.ReduceYourWorkersComp.com/workers_comp.php
Workers’ Comp Kit® is a web-based online Assessment, Benchmarking and Cost Containment system for employers. It provides all the materials needed to reduce your costs significantly in 85% less time than if you designed a program from scratch.

Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.

©2008 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 Litigation Management, Settling WC Claims, Workers Comp Kit |


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Has Your Injured Employee Fully Recovered and Reached Maximum Medical Improvement


It’s important to know when an employee has reached MMI, the term for maximum medical improvement. If you intent to settle the claim, you’ll want to do it when you know the employee has reached MMI and cannot return to his or her original job and you can not accommodate him or her on the job with a reasonable accommodation.

You can easily develop a template or form letter to draw on to get this information by asking the adjuster or having your medical advisor contacting the treating provider. If you do this through the adjuster, have the adjuster ask the following questions:

1-Is the employee still improving.
2-When will the employee be able to return to his regular job full-time.
3-Will the employee have any permanent job restrictions.
4-Will he ever be able to return to work full-time at full capacity.
5-Has he reached MMI?
6-Please provide a final medical report indicating MMI if employee has reached MMI.

If you are developing a workers’ comp cost containment program, you can develop forms if you have the time and personel to write and design them. If time and resources are a problem, all forms are available as part of Workers’ Comp Kit. For a complete list of forms available in Workers Comp Kit®, go to

FORMS.Try the WC Cost Calculator to show the REAL COST of work comp.
Look at WC 101 for the basics about workers comp.
Workers’ Comp Kit®
is a web-based online Assessment, Benchmarking and Cost Containment system for employers. It provides all the materials needed to reduce your costs significantly in 85% less time than if you designed a program from scratch.
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.

©2008 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 Coordinating Medical Care, Settling WC Claims |


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Four Things Employers Should Remember About Settling Workers Compensation Claims


When to settle a work comp claim – the rules… New York Attorney Theodore Ronca offers some pros and cons of settling workers comp cases, and some parameters and thoughts on the process. Settlement of any legal action is favored by the courts and the states, but when and why should it be done? 1. Settlement before all pertinent facts are known is dangerous and sets terrible precedents. Settlement without knowledge invites fraud and exaggeration of claims. It is quickly communicated to co-workers and creates a dysfunctional work environment. Therefore, never settle without as much knowledge of the facts and circumstances as can reasonably be obtained. 2. Why settle? Active litigation of a claim is expensive, drives up work comp costs and is demoralizing for all parties. It can forever destroy a worker's employability. At some point, even the prospect of a successful defense can become counter-productive. All sides, when it comes to medical matters and measurements of disability, must admit to a considerable range of uncertainty. As long as no fraud is involved and both sides compromise, there is little harm in disposing of a dispute. 3. When not to settle. Never settle when a claim is fraudulent. Never "split with zero". (If you're expert says there is no disability or permanent loss it is better to take the litigation to its conclusion than to settle, even if you do not prevail.) Never take advantage of a settlement offer which is detrimental to an honest worker's future. Dire circumstances can cause a worker to accept an offer when they are depressed or panicked. Co-workers will, always, learn of it and the damage is considerable and permanent. Never settle with strangers. You must get to know the people with whom you are dealing. Workers compensation is highly repetitious and involves relatively few people. It will not be difficult to find people who know the reputations of those other people at the conference table. 4. Life after settlement. A good worker is fearful and depressed at the thought of severing a relationship built up over years or decades. If they will not be returning to your employment allow them to remain part of your social community. In time, they will transition to a different pattern of life, often far away. Let the transition be as pleasant as circumstances permit. Settlement of a serious injury pushes executive skills to the limit. Leadership, communication and charity are essential. Your workers are watching. 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. Try the WC Cost Calculator to show the REAL COST of work comp. Look at WC 101 for the basics about workers comp. Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 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 Settling WC Claims |


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Trust Your Gut Instincts When Settling Workers Comp Claims


I mentioned one time NOT to settle a claim is when you are not sure the claim is legitimate. This merits an example. If you are still questioning in your own mind whether the claim is legitimate, if you aren't comfortable with the claim, if you feel your company is "being taken for a ride", hold off settling the claim until you are SURE. There's nothing wrong with "going with" your gut instinct. Risk Managers and/or Claim Managers are very often not comfortable with "overruling" a claims adjuster who is pushing for settlement; it's not easy to "go against the flow". Here's an example I was involved in recently. The claimant was a 30-something female with an arm injury of non-dominant arm injured on her job as a sales rep (something fell on her arm). She was collecting $640/week in indemnity payments, spending $1200/month on pain medication, and had been out of work for over 2 years. She was an educated women, a mother with two elementary age children. Voc rehab had been working with her for many months and although she had been sent on many interviews had not located a position. The adjuster had obtained a quote for a structured Medicare Set-aside saying the saving would be huge and recommended a six figure lump sum settlement. (Note: Medicare Set-Asides is an annuity which pays a commission.) I was asked for my opinion, and I recommended against settling although the adjuster was clearly advocating settlement. The entire settlement amount was within the employer's deductible (every cent came from their pocket). The risk manager had not voiced his opinion that he was not comfortable with the claim until in a conference call when I adamantly opposed settlement. Prior to that, he did not have the courage to go against the grain of what the professionals were advising. This is understandable. The adjusters were pointing out that "if the claim went south" the company could end up paying much more than the settlement proposed. My position was that while that was true, she could also end up going back to work, and we could continue verifying her degree of disability during the entire time she was collecting workers' comp. Why was I opposed? I had a "gut feeling" that the pain medication was not warranted medically. The claimant was a woman who had disconnected from the workplace, may be enjoying the medication, and had established herself as a stay-at-home wife and mom for her two young children. The adjuster had already gotten a quote for Medicare Set-Aside and was pushing for settlement without what seemed much verification of inability to do her job. Her job was "driving and sales" and she seemed to be doing the same tasks now – but as an at-home mom. I felt the claimant was bagging the interviews because she was now an ingrained stay-at-home mom, and wanted to continue in that role. Frankly, I was skeptical of the whole situation. Consider the secondary gain: she no longer paid daycare, commuting, work clothing, nylons, nail care, etc. and with $640 in non-taxed income, she was making more when when working. The real bonus was SHE WAS NOT DRAGGING HERSELF TO WORK EVERY DAY! The combination of over medicating, secondary gain and lack of verification of true disability gave me a gut feel that something was wrong. I wanted PROOF she couldn't work. The adjuster's "proof" was that she was spending $1,200 on pain medication. It's possible she's selling the pain meds! THAT'S not proof! I requested three things: a) Have our own medical advisor review the file. b) Do sub rosa investigation over an extended period of time. I don't mean ONE day — I mean "extended" — possibly having a new look at her activities every week. Have the investigator pick up the claimant every week for a couple of hours to see what she was a capable of doing. c) A job offer. Extend a job offer for home-based work (the employer did not want her to return to their workplace) – a situation which she would have difficulty rejecting. Note on Settlement Authority: Fortunately, we had the risk manager set up in the account instructions so he had "settlement authority." This means the claim could not be settled without his approval (in writing). If we had not added that requirement to the account instructions, I guarantee this claim would have been settled long ago. Summary: In my opinion, this isn't a claim to settle. There are too many factors, in my opinion, indicating she CAN work, but doesn't WANT to work. Recently, the investigator found her working as a teacher's aid at her childrens' school. The adjusters are determining whether this is a paid position or volunteer position. TO BE CONTINUED … For more cost-saving tips go to WC Cost Reduction Tips. Show the REAL cost of workers' comp with the Real Cost Calculator. Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 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 Settling WC Claims |


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4 Situations When You May NOT Want to Settle Workers Comp Claims


There are several times when, in my opinion, a claim should NOT be settled — at least not yet:

1- When you are not sure the claim is legitimate – if you are still questioning in your own mind whether the claim is legitimate, or whether your company is “being taken for a ride”, hold off settling the claim until you are SURE. There’s nothing wrong with “going with” your gut instinct. This means you should do two things:
a) have your own medical advisor review the file and
b) do a thorough sub rosa investigation over an extended period of time (I don’t mean ONE day — I mean “extended”).

2- When it sets a bad precedent in the workplace – If you have the type of workplace that one or two settlements could draw in a whole pack of other claims, then I would tend not to settle the claim. Your company may become known as “an easy mark.” You want to pay the exact benefits due, when they are due so the employee receives what he/she is supposed to. Explain this policy in your Employee Brochure.

If employees think the only way they can get their full benefits is to hire an attorney, they are much more likely to do that. When that’s how things transpired for other injured employees in your workplace, it sends the message that is the only way the employer will pay benefits to which employees are entitled.

3- When the employee’s condition could still improve - The appropriate time to settle in cases which should be settled is after the employee has reached MMI (Maximum Medical Improvement). Only at this time will it be known how much the employee will be disabled, how much cost he will incur for future medical care, future lost wages, and other expenses such as home-care.

4- When the claim is being settled only because it’s a “nuisance” – Your company will want to determine if they want to take a stance in “nuisance cases” and settle them for “nuisance value” (insignificant amounts) or “defense costs” in order to close the matter. Some companies do, some don’t. Although being in litigation is inconvenient at best and a nightmare at worst, that does not mean you want to settle every inconvenient claim.

For more cost savings tips go to WC Cost Reduction Tips.
Show the REAL cost of workers comp with the Real Cost Calculator.
To find abbreviations, go to Abbreviations.

Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.

©2008 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 Settling WC Claims |


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When Are Pre-injury Records Relevant in a Workers Compensation Claim?


Often, my doctors, when doing file reviews find that the medical records in files are incomplete. One of the more typical instances when medical records are not obtained when they could be useful to an employer is when there is a pre-existing injury or condition, the adjusters often don't order the pre-injury records. They consider them to be irrelevant because it's often said that "the employer buys the claim regardless of the condition of he employee" when they joined the insured's workforce. But that's only partially true. Here are 3 examples of when pre-injury records are relevant to a claim: These records are relevant when the claimant's acute injury resolves but an underlying degenerative process is still progressing. 1- For instance, one worker had been having a shoulder problem for 18 years. He reinjured his shoulder at work but then recovered. Six months later, he needed shoulder surgery. Because the IME physician was not asked whether the surgery would have been needed regardless of the workplace incident that had cleared up months ago, the IME physician did not address that issue and the workers compensation insurer paid for the surgery even though the answer to the unasked question was "yes." 2- In another example, a pregnant employee reported having back pain. The medical advisor recommended obtaining notes from the woman's obstetric visits; from these, a history of pregnancy-caused back pain was found. 3- The presence of herniated discs in the preinjury records can also be a very valuable finding for the employer. The value of a back injury claim typically rises when there is a herniated disc. However, studies show that 30 percent to 40 percent of people without a history of back pain have herniated discs. Therefore, records predating the workplace injury are essential in determining whether a herniation is indeed work-related. These examples come from a review of claims evaluated by Dr. David Dubin when determining how well the claims were handled in our Quality Control Claim Review. For more cost-saving tips go to WC Cost Reduction Tips. Show the REAL cost of workers' comp with the Real Cost Calculator. Workers' Comp Kit® is a web-based online Assessment, Benchmarking and Cost Containment system for employers. It provides all the materials needed to reduce your costs significantly in 85% less time than if you designed a program from scratch. Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 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 Coordinating Medical Care, Settling WC Claims |


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Which Claims Should be Settled Early in the Course of a Claim?


When should a claim be settled early in the course of a claim … If you know an employee will never be able to return to work, you should settle the claim early. Why? The rationale is you are better off paying a fair settlement, or the statutory permanency/scarring award now rather than paying indemnity payments (lost wages) for 8 months then payingthe same settlement. An example, if you were to pay a $15,000 settlement plus 8 months of indemnity at $600/week which will be $19,200 for a total of $34,200. Whereas if you settled the claim after 4 weeks when it became apparent the employee would never be able to perform their original job, the cost would be $15,000 settlement (the same amount) plus 4 weeks of indemnity payments at $600 per week ($2,400) for a total of $17,400. So, the total savings is $16,800. So, once you know an employee can never return to their position, you are better off settling the claim as quickly as possible. Don't forget to include the Medicare Set-aside in every example you have to cover future medical payments if applicable. This is a general example to make the point that the savings can be the amount of many weekly lost wage payments. For more cost-saving tips go to WC Cost Reduction Tips. Show the REAL cost of workers' comp with the Real Cost Calculator. Workers' Comp Kit® is a web-based online Assessment, Benchmarking and Cost Containment system for employers. It provides all the materials needed to reduce your costs significantly in 85% less time than if you designed a program from scratch. Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 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 Settling WC Claims |


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When to Settle Workers’ Comp Claims?


There are several considerations about when to settle a claim, however, I usually suggest settling a claim as soon as you know the employee has reached MMI and they can never return to work at your workplace. MMI means "maximum medical improvement"; this means the employee will never recover more than they are right now. Once you KNOW the worker will not get any better and will never be able to return to work for you, you should close the claim. HOWEVER, I've seen many insurance companies push for claim closure too early. There's a big difference between an employee that CAN'T return to work and and employee that WON'T return to work. For example, a female worker with a college education who is the mother of two young children may prefer to NOT to return to work so she can remain home with the children, participating in their lives and saving hundreds of dollars a week on commuting, dry cleaning, work clothing and childcare. It takes a lot to prove to me that a claim should be settled for any large amount. I want proof (a lot of it) that the employee will never be able to return to work. Set a high standard. The claimant should receive every benefit they are entitled to such as scarring awards, but when considering paying huge lump sum settlements and funding medicare set asides, ask for a very high level or proof in disability. However, if the insurance company is trying to settle a claim for $100,000. I require two things: 1- A medical advisor retained by my company must review the file and substantiate the medical evidence, 2- A sub rosa investigation done over a period of time must verify that the worker is unable to work; it must substantiate the inability. In other words, if a worker says they cannot sit, stand, drive, etc, I want that verified by a private investigator with a video camera. I'd rather keep paying indemnity (lost wages) while the employee recovers slowly, during which time I will offer them transitional duty (any kind of productive project) because eventually they'll recover enough to do some type of productive employment. Even the most extreme cases can do some type of employement such as home-based employment. I also use www.CatalystRTW.com for home-based job placement if, for example, the job-site has closed down or the nature of the injury makes it impossible for the worker to return to the workplace (incontinence, etc.). There are many other times to settle or not settle a claim. Sign up for the RSS Feed to make sue you don't miss this important information. For more information about how to integrate your TPA go to Working with Your Insurance Company. Important Note! You must coordinate the closure and settlement of your workers' comp claims with your legal counsel to make sure you have considering all ADA, FMLA, COBRA or other legal requirements. For more cost savings tips go to WC Cost Reduction Tips. Show the REAL cost of workers comp with the Real Cost Calculator. Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 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 Settling WC Claims |


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How to Resolve Difficult (Impossible) Claims: Overcoming Obstacles to Return to Work


Ever tried home-based employment? Claims which have a year or more of lost time have a very small likelihood of resolving, and are likely to hit the statutory limits of indemnity and medical costs. Some analysts think over half of all workers' comp costs are generated by these "year plus" cases. Reserves on these challenging files will almost always be in six figures and may approach one million dollars. Characteristics of "impossible" files include:

  • very limiting medical release (or none)
  • poor labor market
  • mobility/ambulation problems
  • transportation difficulties
  • special conditions inhibiting employment such as latex allergy, disfigurement, incontinence, or pain management.

Another factor which is especially difficult to resolve is the injured worker's motivation. A recognized feature of many of these cases is the injured worker's unwillingness to sincerely pursue new employment options. This is very hard to prove and conventional job development, work hardening and re-training programs are not effective by claimant's determined not to work. For more cost savings tips go to WC Cost Reduction Tips. I recently found a resource that resolves these difficult claims. I do not recommend many companies, but I recommend looking into this company for difficult claims. Through a strategic alliance with a well-respected company (20+ year's experience), CATALYST RTW can offer genuine home-based jobs in the customer service industry. The jobs have modest entry requirements (less than a high school diploma) and show realistic transferable skills for the vast majority of claimants. While the employment threshold is low, the jobs pay from $9-17 an hour and there is a good benefit package and career ladder. CATALYST RTW has developed a uniquely effective return to work program which has successfully overcome any and all of the obstacles which have prevented prior return to work efforts from succeeding. CATALYST has been effective in 30 states and on Longshore and Defense Base Act files. www.catalystrtw.com or DanHeit@CatalystRTW.com So, when your claimant has managed to thus-far dodge your return to work program, or is genuinely unable to return to work, this may be an option. For more ideas about how to get employees back to work go to: http://www.reduceyourworkerscomp.com/employees-back-to-work-sooner.php If you try Catalyst, please let me know how it works for your company. Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

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16 Points you MUST include in your Account Handling Instructions


What ARE "account handling instructions," you ask? Account service instructions (ASIs) also called "account handling instructions" or "special account instructions" are the instructions your insurance adjusters live by.

They tell the adjusters what must be done when handling your claims. So, make sure you have input into the preparation of these instructions. Every insurance company or third-party administrator has them although the names vary. Items you want in your ASIs will vary depending on the carrier or TPAs best practices; ASIs will be developed "around" what they are already providing.

This is a very abbreviated list from Workers Comp Kit's Improvement Plan. The complete list is 10 times this length…

A 16 Point Account Servicing Instruction Checklist:

1. Settlement Authority Who has settlement authority — the company or the adjuster? A "consult" is totally different than "authority." How much authority you get depends on the type of insurance program you have.

2. Selection of Counsel Do you select your own legal counsel? What type of legal counsel does your company utilize – panel counsel or outside counsel?


3. Reporting
How often do you receive status reports for open claims from your insurer? Over 30, 60 or 90 days? Even though you may have been provided access to run reports, if you'd prefer to have them run for you, ask for that.


4. Reserves
Does the insurer provide a written explanation each time reserves are raised over $10,000 or more? Do reserves set take into consideration the company's aggressive return-to-work program, probably resulting in lower wage loss?


5. Dedicated Adjuster
How many adjusters are dedicated to processing claims for your account? One adjuster with a full-time admin can handle more than an adjuster without an admin.


6. Payment/Review of Legal Bills
Do you receive copies of bills for legal services?

7. Investigations How do you request investigations? Will you receive copies of the investigation reports and video for review? Are emergency room records/notes obtained for every worker who is treated in the ER? Are drug test required at the clinic after an Emergency Department visit?


8. Structured Settlements & MSA Set-asides
Do you consider structured settlements for all cases over $10,000? Are MSA settlements structured? Who handles compliance?


9. Subrogation
Are all cases reviewed for subrogation potential? Who closes a file and waives subrogation recovery? Do you want to be consulted before a lien is waived or compromised?


10. Workers Compensation
Do you see copies of payments being made on each open file? Do you review checks or a list of all payments made for accuracy? Are statements tape recorded on all claims where compensability is questionable such as heart-attacks, stress claims, unusual injuries, claims where liability is not clear?


11. Referral to Physician Consultant/Medical Advisor
How are outside vendor services activated and coordinated? Are all medical records sent to the Medical Advisor before an independent medical examination is conducted? Does the MD write the IME cover letter and make sure timing is appropriate for an IME?


12. Medical Bill Review
How and when are medical bills audited? Who will audit the hospital bills? What level of hospital bills are audited? Do you decide if medical case management is warranted? Is there immediate and automatic referral of complex lost-time cases to medical case management?

13. Utilization Review How do you decide which bills and services will be reviewed? Who provides this service?

14. Referral to Vocational Rehabilitation Who decides if vocational rehabilitation is warranted? Do you automatically refer complex lost-time cases to vocational rehabilitation? Will reports be sent to your company?

15. Alternative Dispute Resolution/Mediation Is alternative dispute resolution considered on all claims for all lines? Are you or are subrogating insurance carriers members of the Center for Public Resources (a non-profit organization whose members agree to avoid litigation and try to pursue alternative means of dispute resolution)? If so, is this noted?

16. Miscellaneous Do you have the option to change your account instructions? Do you have the right to review the complete original claim file? Dont be afraid to negotiate for what you want in your account handling instructions. Remember, if you have a large deductible insurance program, its YOUR money!

If you have a guaranteed cost program, you will not have as much leverage as if you are self-insured or in a large deductible program, but don't let that stop you from asking for what you want. Much of the above information applies to litigation managment for product liability claims, etc.

Read the 7 Biggest Mistakes Employers Make when Working with their TPA or insurance company: http://www.reduceyourworkerscomp.com/results-from-your-insurance-company.php 

For more cost savings tips go to WC Cost Reduction Tips. I hope this is helpful, and would appreciate your feedback if you have specific examples of where you have been able to use this information. If you need help with your account instructions, I can help you or refer to to another consultant that can.

Author: Rebecca Shafer, J.D. Rebecca is a national expert on workers compensation cost containment and has helped many companies reduce their workers compensation. She is the author of:  Manage Your Workers Compensation Program: Reduce Costs 20-50% at www.WCManual.com
RShafer@ReduceYourWorkersComp.com

Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment program initiatives.

© Copyrights strictly enforced. 2008-2012 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 Claim Management, Coordinating Medical Care, Litigation Management, Settling WC Claims, TPA and Claims Administration |


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