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You Have Video Proof of Workers Comp Fraud – Now What Should You Do


Stopping Fraud with Video Proof
6 Action Steps to Use When Contacting the Physician

When an employee  makes a work-related injury that limits his/her ability to work, it’s time for documentation.

When said employee  is observed elsewhere doing the very things they say they cannot do, it’s time for investigation. Make sure to do enough investigation so you record the activities over a long(ish) period of time. This is to avoid what is known as “good day, bad day syndrome” — meaning the employee has some good days and some bad days. If you have only a brief snapshot of activities, it is not an indication of overall condition and in a hearing the judge may rule the evidence is not enough to prove inconsistent activity.

And when  an investigation provides video of fraud, it’s time to remedy the situation.

Here’s what to do:

1.  Send your  video proof first class mail, certified and return-receipt requested to the employee’s doctor and include all your contact information, employee name and claim number. Or, take it to your company’s consulting doctor, also called a medical advisor or peer-to-peer, and meet with him/her first to share the information and discuss whether the activity (if prolonged) is contrary to what you are being told about their abilities

2.  Explain the situation to the physician that has given a prognosis of “not able to work”, this is usually the employee’s treating physician. Say something like, “You indicated on a Disability Form provided to Mr. Hayes he was unable to work because he had very limited range of motion in both arms. In light of the investigation videotape and report enclosed would you please review the situation and determine whether Mr. Hayes’ range of motion is still very limited. Our investigators observed Mr. Hayes on five consecutive days one week and several days the following week, doing landscape work with a local landscaping company.  Additionally,  over the weekend he was observed riding his motorcycle for several hours at a time. He was doing these activities with no apparent physical or medical limitations.” (workersxzcompxzkit)

Also in this letter, you should:

3.  Ask the physician  if he or she agrees the employee is now able to perform his original job as XXX and request an amendment of the work ability form report to indicate such and fax it immediately to your office.

4.  Enclose  a new Work Ability Form for the doctor to amend with the new, proper physical restrictions, if any.

5.  Include  your phone number and encourage the physician to call with questions.

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 860-786-8286.

Visit Our Websites:
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
TD Calculator:www.ReduceYourWorkersComp.com/transitional-duty-cost-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.

©2009 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 Fraud and Abuse, WC 101, Workers Comp Kit |


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How to Tell If You Need a Nurse Case Manager for Your Workers Compensation Claim


Nurse case managers  (NCMs) coordinate medical care and determine extent of disability.  However, there are times when the NCM doesn’t serve a specific purpose and is assigned to the claim to get the claim moving.  At times, NCM’s are used to do some of  the tasks adjusters are supposed to do. Your job is to clarify when nurse case management is warranted and useful.

The injury coordinator  can evaluate these aspects of both telephonic case management and field-based case management first of all by writing or emailing the adjuster and stating the above.

Also,  the injury coordinator should know whether your NCM is an RN or an LPN. You should be charged less for an LPN or a NCM with less experience or fewer credentials.   Note:  NCM fees range from $85 to $100 per hour, or a flat fee of $450 for the first 30 days then $150 for the next 30 days.

1.  Require  the NCM to provide you with frequent updates. If you review the insurer’s file notes online and do not see NCM notes, contact the NCM to provide an update.

2.  Ask  your third party administrator or adjuster to work with you to determine when the use of nurses serves to resolve claims quickly and ensures good quality medical care for the employees.

Ask the following:

1.  Do  you have any suggestions of when we should use nurses, what types of claims?

2.  Can  we get a list of all claims which have NCM assigned?

3.  Shall  we touch base about this on our regular risk management conference call?

Do make use of a nurse care manager:

1.  In complex  cases with multiple provider coordination.

2.  In new  lost-time claims if the length of time out of work is disproportionate to the injury.

3.  When  an employee is missing medical appointments.

4.  When  surgery, including arthroscopy, is anticipated.

5.  For  all hospitalizations.

6.  If there  is diagnostic testing including MRIs, CAT scans, or myelograms.

7.  For severe  injuries including: severe eye injuries, severs lacerations, back and knee injuries, cumulative trauma cases and severe sprains, strains or dislocations. (workersxzcompxzkit)

8.  And remember:  Not all nurse case managers are equally effective. If your assigned NCM is not effective, ask for a replacement.

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 860-786-8286.

TD Calculator:www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Follow Us On Twitter: www.twitter.com/WorkersCompKit

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.

©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 Medical Cost Containment & Managed Care, Medical Issues, WC 101, Workers Comp Kit |


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More Workers Compensation Myths and Realities


More Myths & Realities of Workers Comp

Myth: If you have unions, you’ll never lower your workers compensation costs.
REALITY:  Negotiating with a union can a successful experience, even if challenging.
Begin with a positive,  cooperative, win-win attitude. Sit down and discuss the situation with the bargaining committee; educate them about workers’ comp and the need for transitional duty and they’ll usually facilitate the program.

They need to be  aware staying out of work for extended periods of time normally doesn’t help an injured employee heal; in fact, the employee’s health often deteriorates because mental health can be compromised by depression once the employee loses a daily routine and social network.

Focus on the economic  consequences and interests of the membership. For instance, if the majority of members are young, emphasize how the extra money helps them pay college tuition for their children. If members are older, emphasize how the savings helps their retirement accounts. Sometimes unions have very creative ideas about how a new transitional duty program can work well, and they’ll make you aware of collateral source benefits needing to be removed. In one instance recently, the union was angry with management because management hadn’t tried to do more to stop several fraudulent claims.

Myth: To get a slow claim “moving,” the best thing to do is request an Independent Medical Evaluation) (IME).
REALITY:  Requesting an Independent Medical Evaluation can be a two-edged sword.
If a claim is “stalled,”  it’s quite common for the adjuster to recommend getting an IME to get the status of the claimant.

Before a claim  is sent for an IME, have your Medical Advisor review the claim, because in some cases, an  IME may be effective and warranted, but sometimes a request makes it worse.

It makes is worse  when the timing isn’t right, when inadequate medical records are included with the IME packet or when inadequate medical questions are asked of the doctor who is performing the IME.

You might want  either consider an Functional Capacity Evaluation (FCE) instead or get a brief surveillance to “see” what capability (or lack of) the claimant has.

Myth: The best way to reduce workers’ compensation costs is to change insurance companies or third-party administrators (TPAs).
REALITY: Wrong! The best way to reduce workers compensation costs is to build a better relationship with your current claims administrator.
The major cause  of discontent between carriers and the insured is lack of communication causing a perception of something is being done improperly. For example, in several situations a company believed nurse case management was too expensive; however, upon audit by a medical advisor, it was found nurse case management services should be used MORE, but be brought in earlier. It wasn’t effective when it was used (thus appearing expensive and wasteful) because it was used too late in the process.  

Start to build  a better relationship by becoming more informed about the services your claims administrator offers. Hold a Vendor Day, and invite your TPA in with every one of their services – leave none out. Ask for samples of reports and deliverables so you can understand the product and know when to request services. Have give out brochures prior to Vendor Day, and read the brochures so you can ask knowledgeable questions about their services during the meeting.

Visit one or two claims  offices, and observe the process. Learn the categories of desks at your carrier, for example, are there 4 levels of adjusters or 5? Do adjusters have backup and clerical support to get medical files? Sit at the intake desk, then join the lost time and medical adjusters for a few minutes at their desks. Ask to see what happens to medical bills when they enter the system until the time they are paid and filed.

This will give  you a better understanding of how you can interact more effectively, what information adjusters need from you and what information you can provide about your workplace and employees. Finally, invite your adjusters to visit your workplace, so they know what your company does, the types of jobs and skills required of the employees. They can visualize exactly how an injury occurred even if they never visited your work place.

Author:  Rebecca Shafer, J.D. consults for mid-market and national accounts focusing on project management, risk management assessments, data review, benchmarking, and development of Workers’ Compensation and Injury Management Programs. Projects focus on development of training and education programs, document design, evaluation and integration of insurance claims administration and TPA services. Contact her are:   RShaferB@aol.com.

We are accepting short articles* (200-600 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com. *Non-compensable.

FREE WC IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues.

©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 WC 101, Workers Comp Kit |


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Implementing a Workers Compensation Transitional Duty Policy


14 Steps To Implementing Your Transitional Duty Program A company's Transitional Duty Program  is established to provide continuous employment for employees who cannot perform all job functions temporarily because of a work-related injury or illness.

A good company  lets their employees know their goal is to ensure every employee remains an active part of the workforce. The Three Phases of Implementing a TD Policy Explain  the TD Work Assignment Include  information on compensation benefits to injured workers' compensation Discuss  the purpose of periodic reviews Explain the Transitional Work Assignment 1.  The company  attempts to find a job that is similar to the employee's original job. 2.  Participation  in the Transitional Duty Program is a condition of employment. 3.   If an  employee's original job cannot be modified to accommodate transitional duty restrictions or if another job cannot be found at the original work-site then the employee may be transferred to a nearby location for the transitional duty period. 4.  All transitional  duty assignments occur during regular business hours of the location. 5.  If the original  job unit cannot accommodate the employee with a transitional duty assignment, the employee works at no cost to the new location. 6.  If the employee does not want to perform the transitional duty position offered, eligibility for 12 weeks of unpaid leave under the Family and Medical Leave Act may be possible. 7.  However,  employees do not receive workers' compensation benefits for FMLA leave. Such employees should consult the Human Resources Department for information about this option. TD Information on Compensation for the Injured Employee 1.  Employees  on transitional duty assignment are ineligible for overtime. 2.  If transitional  duty is unavailable, the employee is paid for lost work time in accordance with applicable state law. 3.  If transitional  duty is available and the employee refuses the assignment, lost wage benefits are denied if allowed under state law, because the employee voluntarily withdrew from the workforce, not because of the injury. The Purpose of Transitional Duty Periodic Review 1.  In no case  will a transitional duty position last more than 120 days and the employee must always be progressing, improving. 2.  When employees  reach maximum medical improvement, they return to their original positions. 3.  If an employee reaches maximum improvement and is unable to resume the pre-injury position, if required by the Americans with Disabilities Act, the company will offer another position, with or without a reasonable accommodation, if one is available. (workersxzcompxzkit) 4.  If no other  position is available, the employee will be separated from the company.

 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 860-786-8286. We are accepting short articles* (200-300 words) on WC cost containment.  To: Info@ReduceYourWorkersComp.com.  *Non-compensable.

WC Best Practices IQ Test: http://www.workerscompkit.com/intro/ WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php Return to Work in Unionized Companies http://reduceyourworkerscomp.com//Return-to-Work-Programs-Unionized-Companies.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers' comp issues. ©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 Return to Work and Transitional Duty, WC 101, Workers Comp Kit |


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Myths and Realities of Workers Compensation


Myths and Realities:  Elephant Bites

 

Myth: Employees stay out of work intentionally because they don't want to go back to work.

REALITY:  Employees often don't come back to work because a company won't offer them a transitional duty assignment while they recuperate. While some  employees try to stay out of work, that's not always the case. In some situations, where an employer has only a few, narrow job classifications in their operation, there aren't many transitional duty options; in these situations the employer must "think outside the box" to locate jobs not obvious at first glance. Employees are  motivated to come back to work because they have friends in the workforce, they need a steady daily routine, and they don't want to become deconditioned while not working. In many cases, employees become depressed with the loss of their routine. Employees need a destination to go to each day!

Myth: Once implemented your workers' compensation premiums will immediately go down.

REALITY:  The loss costs (as distinguished from the premium) will fall immediately, but the premiums take several years to fall because they are calculated based on a company's experience modification, usually a 3-year rolling average. As one good year "rolls" into your experience, a bad year drops out so it takes three years for the full benefit of a workers' compensation cost containment program to be reflected in your premiums.

 

Myth:  High workers' compensation costs are caused by aggressive plaintiff's attorneys and laws favoring employees. REALITY:  There are many things a company CAN DO, which are within their control, to reduce their costs. These gaps  cost companies millions of dollars each year by failing to use the tools already available to them. 1.  Inaction and lack of planning,  poor communication with the employee, adjuster and medical providers are major gaps driving the cost of workers' compensation higher. 2.  Poor workplace morale  and failure to take advantage of existing opportunities are other gaps in company processes which drive costs higher. For example,  if you operate in a state where employees are allowed to go to the physician of their choice, you can "coach" them to a physician who advocates transitional duty. Some will use the doctor you suggest. If the employee's doctor has visited your operation to see the jobs the employees perform, it can be helpful to build a solid relationship between the company and the treating doctor. So, while it is  somwhat true aggressive plaintiffs' lawyers prolong an employees time out of work, thus making the cost of the claim higher, and laws \ viewed as claimant-oriented can drive the cost of a claim higher, it only part of the story.

Myth: Workers' compensation cost containment programs are a "quick fix" to the high costs of workers' compensation. REALITY:  An effective workers' compensation cost containment program is a systematic and thorough approach to cost reduction – not a "quick fix." It focuses  on multiple areas all tied together with an effective communication strategy. The design and development of a workers' compensation cost containment program can be done within a few months if there are dedicated resources making design and implementation a priority.

 

Author:  Rebecca Shafer, J.D. consults for mid-market and national accounts focusing on project management, risk management assessments, data review, benchmarking, and development of Workers' Compensation and Injury Management Programs. Projects focus on development of training and education programs, document design, evaluation and integration of insurance claims administration and TPA services.  Contact her are:   RShafer@ReduceYourWorkersComp.com We are accepting short articles* (200-600 words) on WC cost containment. Contact us at: Info@ReduceYourWorkersComp.com. *Non-compensable.

WC IQ Test: http://www.workerscompkit.com/intro/ WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php NEW Article: Return to Work in Unionized Companies http://reduceyourworkerscomp.com//Return-to-Work-Programs-Unionized-Companies.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers' comp issues. ©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 WC 101, Workers Comp Kit |


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Scoring Your Workers Comp Management Practices What Is the Goal


What Is the Goal?
Successful work comp  administrators know the GOAL is to reduce costs of the company’s workers’ compensation program while still taking good care of workers injured in the workplace. The rationale for this is that the financial impact of workers’ comp can be financially devastating for a company. If your company has a large deductible all the losses are within your deductible which means that your company pays directly. If you are in a guaranteed cost program, your experience rating will decline and premiums will increase as your experience “mod” goes up. And, in some cases, if your mod is over 1. you won’t even be able to bid on business in some industries, in some states.  Using a metric that measures operational practices is crucial. One such metric is the National Workers’ Compensation Management Score (NWCMS). For the first time, the 2009 RIMS Benchmark Survey measures operational best practices offering a look at which best practices companies use most and least. This is a noteworthy development.  

  If your company  has this workers’ comp score, you can stop reading!  You’ve reached your perfect goal.

However,  if your company is like most, you will not score a perfect 100+.
More likely your score will look something like this:
                                                                                       

So, WHAT does it all mean?

After answering  88 questions, you’ll receive a measure of where your company stands in reducing with its workers’ comp program costs and receive recommendations for improvement.  That’s it – 88 questions covering 10 key work comp areas.

You will discover  you are doing better in some areas and poorly in others.  The List of Score Rankings tells you where you stand.  The Assessment results tell you what you have to do to IMPROVE!  And, with improvement comes a higher Workers’ Comp Score.

As we like to say,  ”If you don’t know what you don’t know.” then you are going nowhere except your COSTS will be going up, up, up!  Since workers’ comp costs are not part of the stock market, they need to go down, down, down.

List of Score Rankings

Score 1-28 Welcome aboard!  Your score indicates you are just getting started and are new to workers’ comp cost containment.  Don’t be discouraged or try to “fix” everything at once.  Go step by step.  You may put 1-4 Recommendations on your “to do” Timetable.

Score 29-60 Let’s get started!  Your workers’ comp cost containment program is started and you are ready to build by implementing some new procedures and practices.  Prioritized the 4-7 recommendations on your Timetable.

Score 61-82 Push a little harder!  You are in pretty good shape!  But, now is not the time to let down.  Fine-tune your program to build a solid, effective program.  Prioritize the recommendations and put as many as you think you can handle on the Timetable.

Score 83-100+ Great Job! Your company has an excellent program and may only need a little tweak here and there to make it a Best-In-Class.  Because you have so few recommendations, put them ALL on your Timetable and start “tweaking.”

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 860-786-8286.

WC Calculator: www.reduceyourworkerscomp.com/calculator.php
New Article: Return to Work in Unionized Companies
http://reduceyourworkerscomp.com//Return-to-Work-Programs-Unionized-Companies.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues.

©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com

Posted in Assessment & Diagnostics, Benchmarking & FTE & Operational Comparison, Workers Comp Kit |


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9 Easy Questions to Ask When Selecting a Third-Party Administrator


9 Helpful Steps in Selecting a Third-Party Administrator (TPA) One of the most  important decisions a company makes is deciding who will handle their workers' compensation claims. Depending on your insurance arrangement, an in-house insurance company or a third-party administrator can handle your claims – selecting the best one possible for your company is key in keeping costs down. Price and flexibility  are both considerations in choosing to use a TPA. If your company integrates its disability programs, for example, (where sick leave is combined with short- and long-term disability) your insurance company may not be willing to handle the extra paperwork. Usually, ultimately, it's less expensive to buy the BEST claims handling service rather than the cheapest. Consider the following: 1.  Who  is the team that will service your account? 2.  Has  this TPA handled claims in your industry before? 3.  Does  the TPA proactively ensure internal quality control and correct any problems when they arise? 4.  Do  adjusters receive ongoing training to learn new laws, to fine-tune their expertise and learn new techniques? 5.  Is there  a Medical Director to provide updated occupational illness and injury medical information to adjusters? 6.  Are  specialists available to handle the most complex claims? 7.  Does  the TPA have an intake service, or will you have to supplement their service with an outside firm? 8.  What medical management services are used? Are services well integrated, in-house services or outside services? (workersxzcompxzkit) 9.  Do  they have established relationships with investigators nationwide to use in all locations? Please note  that these are just a beginning list of questions to ask a potential TPA. For more information, contact Workers' Comp Kit  (http://www.workerscompkit.com/) or your insurance broker or agent. Author Rebecca Shafer,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 860-786-8286.

More FREE tools to try: WC Calculator: www.reduceyourworkerscomp.com/calculator.php TD Calculator:www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php WC 101: www.ReduceYourWorkersComp.com/workers_comp.php Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers' comp issues. ©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 TPA and Claims Administration, WC 101, Workers Comp Kit |


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How to Introduce a Preferred Provider Network to Your Company


6 Steps to Introduce the Preferred Provider Organization to Your Company
A PPO, or preferred (sometimes “participating”) provider organization or network is a managed care organization who agrees with the third-party administrator or insurance company to provide reduced rates to their clients. In addition to the preferred rates, there is hopefully preferred service also so that employees are treated promptly with little waiting time, and are treated well — almost like a preferred customer. The medical providers should have occupational medical experience and regard return to productive employment as top priority.

Your company’s  general manager needs to create a personal relationship with the PPO clinic that provides medical care to his/her employees. Workers’ Comp Kit  (http://www.workerscompkit.com/) recommends inviting the clinic director and administrator to your physical work site for a visit.

Establishing  this relationship helps put your company’s priorities into focus. It is always best to have a face and place in mind when accomplishing any job, especially one involving employee health. You want clinic personnel to know your company, the type of workplace setting, job requirements and your managment approach.

In writing  this invitation, be sure to include all your contact information as well as the employee and provider brochures.

Some other tips:
1.  Be polite.  Let them know you are pleased they are part of your insurance network.
2.  Express  that quality of care in your company is a top priority.
3.  Let  them know you want to be prepared when injuries occur, but let them know this is not a frequent event.
4.  Explain  the company offers a transitional duty program and you need the PPO’s cooperation.
5.  Ask  if the PPO administrators would be willing to visit your facility to meet employees, view work conditions and see the jobs employees perform.
6.  Finalize  by asking they email to suggest a date for such a meeting. (workersxzcompxzkit)

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 860-786-8286.

We are accepting short articles* (200-300 words) on WC cost containment. Send to: Info@ReduceYourWorkersComp.com. *Non-compensable.

WC Best Practices IQ Test: http://www.workerscompkit.com/intro/
WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
WC Calculator: www.reduceyourworkerscomp.com/calculator.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker about workers’ comp issues

©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, Medical Cost Containment & Managed Care, WC 101, Workers Comp Kit |


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Ask for a Functional Capacity Evaluation if Transitional Duty Does Not Work


What If Transitional Duty Doesn’t Work, don’t exceed restrictions

Despite your best  efforts to get work ability forms from all treating physicians and evaluate your employee on a weekly basis, there are times when the medical provider says the injured employee can do more than s/he thinks s/he can.

For example,  a bus driver injured his right arm in a work-related accident. The doctor finds  the muscles and bones have mostly healed and  the patient should no longer be feeling pain and may return to work for four, rather than an eight hour day.

But in your  weekly reviews, the employee complains tha opening the bus door is still so painful he cannot drive home at the end of the day.

In this situation  write an email from the injury coordinator to the adjustor asking if a functional capacity evaluation (FCE) may be needed. Also, consider options for alternate work for a while longer.

In the email cover these points.

  1. Be sure  to include claim number and all relevant addresses and contact information on the letter.
  2. Include  the supervisor in any discussions.
  3. Clearly explain the situation: who is injured, what the injury is, what the current complaint is and what the physician says the worker should be able to do
  4. Explain  the company’s medical advisor reviewed the reports and the employee’s complaints do not mesh with the current medical diagnosis.
  5. Acknowledge  the pain could be imagined (but without judgment) or the result of the employee being fearful of additional injury. Be aware that the pain might be very real also, and don’t minimize the likelihood of this possibility. Anyone who has ever had repetitive arm injury knows how painful it can be and often even a small amount of use can trigger painful symptoms.
  6. Ask your   adjustor if an (FCE) is needed and, depending on results, perhaps an off-site work hardening program is in order.  In work-hardening the employee is allowed to build up to his regular job capacity in a supervised setting, removing the fear of reinjury.
  7. Ask the adjustor  for suggestions of work-hardening centers in the area.
  8. Acknowledge the  difficulty of this claim and  the adjustor for the timely response. (workersxzcompxzkit)

Real or imagined,  pain while doing one’s job benefits neither the company nor the employee. There are programs  designed to help your employee work through these issues.

Vigilant attention  to the employee will ease this process.

Author:  Robert Elliott, J.D.

WC IQ Test: http://www.workerscompkit.com/intro/
WC Calculator: www.reduceyourworkerscomp.com/calculator.php
Follow Us On Twitter: www.twitter.com/WorkersCompKit
Do not use this information without independent verification.
All state laws vary.

©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 Communication with Employees, Coordinating Medical Care, Implementation and Rolling Out Your Program, Medical Issues, Workers Comp Kit |


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How to Reduce Workers Comp Insurance Costs by Controlling the Post Injury Process


Procedures to Control the Post Injury Process

The employer  must TAKE CHARGE  because workers’ compensation has a huge financial impact on the company. There must be a tight post-injury process describing exactly what happens after an injury. Most employers have no cohesive process for handling injuries, thus the employees decide which doctor they will go to and how long they need to be out of work.

Unfortunately,  many employees try to stay out of work the entire time they are in pain when in reality current medical thinking is injured employees should return to work as soon as possible because they will recover faster.

Just like in hospitals,  post-surgical care requires most patients to be ambulatory within the first 24 hours after surgery.

Agree on  a Post Injury Procedure. Who should the employee report the injury to? Who should take the injured employee to medical clinic? Should initial care be at a local clinic or at the hospital, or will it differ depending on the degree of the injury? Each detail of what occurs after the injury must be spelled out in a post injury process.

Although many  companies have good intentions and want to reduce their costs, they do not know how to actually reduce costs. It is important to give managers a tool-kit and explain how to use forms, sample letters to closely manage each of their claims.

An important part of any workers’ compensation program is an effective transitional duty program(TD), yet many managers do not know how to get an employee back to work in modified capacity if they are unable to return to work full duty until they are completely recovered. Provide each manager with the tools they need. (workersxzcompxzkit)

A ‘tool kit’  of resources contains communication tools so managers can communicate with their employees, their TPA, their medical providers and with Corporate WC Manager. A few items which are essential are employee brochure, brochure to medical providers, transitional duty policy, transitional duty job bank or task bank.

Author:  Rebecca Shafer, J.D.

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Posted in Medical Issues, WC 101, Workers Comp Kit |


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