Ghost Policy May Be the Answer For Business Start-Ups

 

Business Start–Ups Can be Great Reason for Ghost Policy

 

Ghost policies, a comp policy for a business that has no employees and the owners opt not to be covered, seems to be aptly named – but why would anyone pay for  one?

 

Nearly always, they are purchased by the owner of a small business who is required to have a comp policy in order to get business from larger companies, even though the smaller company has no employees. But there is another good reason to have them – business start-ups.

 

 

Get It Before You Need It

 

When people start their own businesses for the first time, and have no employees, they realize that they do not have to purchase a comp policy, and few do. The problems start, however, when the very first “employee” is hired. Many people assume that the occasional part time helper, who may very well be a relative, does not have to be covered.

 

Such situations grow more dangerous with time and the occasional part time help might turn into a full time helper. Racing to get a policy for these people after an event is a sure invitation to up close and personal meetings with the labor bureaucracy. The solution is to start off with a ghost policy. The cost, fully tax deductible, is more than justified by the protection afforded.

 

 

Owner Only Policy is Another Option

 

There is also the owner only policy, plus a declaration that employees, if any should appear, are also covered. Owners of new businesses have many excellent reasons to cover themselves but, in an effort to hold down start-up costs, elect not to take it. But a comp policy, for the owner, is perhaps the best protection against serious injury during the start-up period, when a loss of earnings for even a few weeks can doom the start-up.

 

In addition, the policy comes cheaply, since the owner, to the chagrin of many new business owners, makes little or nothing in the first year. True, the wage loss benefits wouldn’t be great, but the medical protection would be. The owner also acquires the flexibility to hire relatives for casual work with full protection from lawsuits in negligence.

 

 

Many Small Family Businesses Have No Coverage

 

Every comp lawyer has received phone calls from small family businesses involved with an injury. Almost always, there is no comp policy covering the person injured – often the spouse or a child – and there is no viable negligence claim. If a younger relative, under age 26 in New York, is involved the comp policy would have covered wage expectancy – which would have made maximum comp rates possible, even though wages were a quite small. And many young business owners have spouses under age 26.

 

So the “ghost” can become a very guardian angel for new businesses.

 

 

 

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. medsearch7@optonline.net

 

Editor Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher.  www.reduceyourworkerscomp.com.  Contact:  mstack@reduceyourworkerscomp.com.
WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com
MODIFIED DUTY CALCULATOR:  www.LowerWC.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.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

 

3 Reasons New York Workers Comp Assessments Are Through the Roof

NY Fees over 18%

 

An employer pays, in addition to the comp premium, an assessment for the operating costs of the Workers’ Compensation Board and certain “special funds”, principally the Second Injury Fund  and a fund for claims that have been closed for several years and reopened. Other states have these surcharges, amounting to a few percent of premium, but only New York has an assessment over 15% (currently over 18%). Why?

 

 

Reason #1: Bigger is Better

 

The answer, if it can be called an answer, seems to lie in a “bigger is better” attitude which has been part of New York comp for over 80 years. New York comp is also superlative in number of comp hearings, trials and appeals, so much so that at one time the annual number of hearings was over 600,000 and the number of appeals, 40,000 per year, exceeded the number of hearings in even the largest of states.

 

The number of hearings was so great that a research institute studying the NY comp system at first concluded that the number of hearings had an extra zero added by mistake. (Hearings are currently at 200,000/yr, or less.)

 

To manage all this, the NY comp board required over 1,500 employees, which was more than the combined comp board staffs of all states east of the Mississippi (if Florida is not included).

 

 

Reason #2: Second Injury Fund Payments

 

NY also led in second injury fund payments. A second injury fund pays most of an employer’s comp claim if the worker had a previous serious permanent injury. What drove the payments to the highest in the nation was the NY board’s stunning number claims for “permanent partial disability”, an award that was infrequent to rare in other states but was present, or at least possible, on nearly every claim in NY involving a back. Since extended disability on back claims was greater for older workers, second injury fund was usually involved. Older workers have the bulk of preexisting disability.

 

 

Reason #3: Reopened Cases

 

Finally, the assessments for “reopened cases” were anomalously high in NY. A back claim which remained open would in all likelihood continue to be litigated. But if the attorney asked that the claim be declared a permanent partial disability, but be closed without awards, the board would grant the request.

 

Such claims would be “warehoused” by the law firms as future assets. When the worker retired, the claim would be reopened and considered for permanent partial disability settlement since, it was claimed, the worker had retired in part due to the disability. (This has since been changed and future claims are more likely to be treated as voluntary retirements not qualifying for settlements, but many still in the pipeline must be paid for by the fund for reopened claims.)

 

 

Can Assessments Ever Come Down?

 

That, in brief, is why the assessments are so high. Can they ever come down to the level of the national average? Certainly, when it is recognized how they came to be so high in the first place, and there is hope for the future.

 

First, the number of reopened claims will diminish, since the new law for maximum amounts of future payments for permanent disability are a hindrance to “warehousing”. Then, the Second Injury Fund is in the process of being closed. Although that will take years there will be a steady decrease in payments each year.

 

The last factor, board expenses, will be a bit more difficult. The board has never shown an interest in substantial reduction of its total staff. It was predicted that the change from paper files to e-files would greatly reduce the staff, but that is still in the future, if ever. (Imagine the work hours which were necessary to transport paper files for 600,000 hearings a year to hearing points dozens of miles from the point of storage.)

 

So, the assessments, slowly, will come down. But they have a long way to go.

 

 

 

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. medsearch7@optonline.net

 

Editor Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher.  www.reduceyourworkerscomp.com.  Contact:  mstack@reduceyourworkerscomp.com.
WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com
MODIFIED DUTY CALCULATOR:  www.LowerWC.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.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

 

New York Makes Strides with New Rules for Changing Hearing Point

Hearings Automatically Set for County in which Worker Resides

 
The NY Work Comp Board published on 7/3/12 established new rules for changing the hearing point (“Rule on Request for Venue Change, Subject No. 046-486). The hearings are automatically set for the county in which the worker resides, unless the worker resides out of state, in which case the worker can ask for a particular county. Special rules apply if the employer is a governmental body, in which case, hearings must be held in the same board district where the governmental body has offices.
 
After that, a change can only be made if the worker requests it in writing and gives a good reason for a change. The senior comp judge rules on the request and gives a written opinion.
 
 
New System Significant Improvement from Decades Past
 
In decades past, changes in hearing points resembled a game of dysfunctional musical chairs. The principal reasons for changes, especially in the New York City area, had nothing to do with the wishes of the worker or the convenience of witnesses – it had everything to do with the local culture of the comp system and, most importantly, how attorney fees were awarded.
 
Employers should be kept aware of any requests for a change in hearing points. A change should not be granted for the convenience of a medical witness since medical testimony is now taken by telephone depositions and no longer at hearings. It is no more difficult to take the deposition of doctors in Florida than doctors locally as the procedures are the same.
 
In the past, attorneys would ask that a change of hearing point be made to inconvenience the employer’s witnesses – using a worker’s remote address of a relative. The employer was sometimes directed to have three or four witnesses appear at a point hundreds of miles away, only to be informed, when they arrived, that the hearing was adjourned. Since depositions are now used, that gambit no longer works.
 
 
Employer Should be Updated on Requests for Changes
 
An employer should be kept in the loop on requests for changes of hearing point and should review the application to see if any reasons for a change are given that appear to contradict facts. If the request is not in accordance with known facts, a reply should be made.
 
 
 

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. medsearch7@optonline.net

 

Editor Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher.  www.reduceyourworkerscomp.com Contact mstack@reduceyourworkerscomp.com


WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com
MODIFIED DUTY CALCULATOR:  www.LowerWC.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.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

Crackdown on Workers Comp Fraud Leads to 18 Arrests

A recent crackdown on workers compensation fraud in New York State led to the arrests of 18 people in 13 counties.

 
 
According to information from the State Department of Financial Services, the arrests include people who continued to be employed after claiming they were disabled, faked injuries to collect payments and one woman who cashed the checks of her deceased husband.
 
 
Superintendent of DFS Benjamin Lawsky noted the arrests were the latest attempt to save employers money by reeling in workers comp fraud.
 
 
“Workers compensation fraud is a serious crime that victimizes honest businesses and taxpayers who are forced to shoulder the burden of higher premiums. Strong anti-fraud activities complement the state’s ongoing work to drive down the cost of workers’ compensation insurance,” Lawsky remarked. [WCx]
 
 

The arrests were the result of a series of joint investigations led by DFS, along with the Office of the Inspector General of the New York State Workers’ Compensation Board, the New York State Insurance Fund and other insurers. All of those taken into custody are innocent until proven guilty.

Florida Man Handed Workers Comp Arrest

Florida Chief Financial Officer Jeff Atwater recently announced the arrest of a North Port man as a result of a fraudulent workers compensation claim. 

 

 

Jovan Bokun was arrested by detectives from the Florida Department of Financial Services’ Division of Insurance Fraud and charged with workers comp fraud and grand theft after an investigation revealed that he submitted false insurance claim information regarding his physical capabilities. This false claim allowed him to collect more than $34,000 over a 5-year period in fraudulent workers comp benefits.

 

 

Bokun injured his left wrist while working as a general laborer. Bokun's employer, Parker Hannifin Corporation, filed a workers comp claim with Underwriters, Safety and Claims Insurance on his behalf. Bokun misrepresented the extent of his injury and was subsequently captured on surveillance video using his injured hand to lift heavy objects. 

 

 

It was determined that Bokun made false statements regarding his physical capabilities; Bokun had no work restrictions as previously asserted. Bokun was booked into the Sarasota County Jail. If convicted, he faces up to 15 years in prison. [WCx]

 
 

Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher.  www.reduceyourworkerscomp.com Contact mstack@reduceyourworkerscomp.com

 

 

 


WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com

VIEW SAMPLES PAGES

MODIFIED DUTY CALCULATOR:  www.LowerWC.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.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

Highest Court Decision on NY Workers Comp Favors Employers

A decision issued this week, on 5/1/12, “Zamora v Neurologic Assn.”, has removed a presumption that people no longer working after an accident were presumptively disabled by the accident. This gave the employer the burden of convincing the Board that entirely different factors were at work.

 

 

To put it plainly, the employers had so little chance of success that carriers, lawyers, judges and commissioners paid little attention to agruments that a worker no longer was attached to work and had voluntarily retired. By the late 1980s, the situation had come to the point where “retirement injuries”, i.e., small incidents, were filed as comp claims and used as the basis, years later, for reopening the claim and receiving substantial tax-free supplements to retirement and Social Security payments.[WCx]

 

 

The decision, in which benefits were halted, will not be the last word quite yet. It was a narrow split decision and both labor and industry will presumably lobby for slight, but significant, changes in the law.

 

 

However, an employer with a well structured program for assistance in Return To Work, not just for workers comp but for disability in general, will benefit the most. Many of the recent decisions involve workers searching for jobs without any assistance from the employer. But an offer of a job, or assistance in finding one, can no longer be ignored by a worker without risk of consequences.[WCx]

 

 

Although the role of the employer is not central in the “Zamora” decision, that does not mean that it is not necessary for higher probability of success. Return to work begins, shortly after disability starts, with communication from the employer. The “Zamora” decision involved “presumptions”, but active participation by the employer quickly turns the discussion to facts rather than speculation.

 

See More on New York’s Workers’ Compensation Laws and Regulations in our Lowerwc.com resource center.

 

 

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. medsearch7@optonline.net

WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com
MODIFIED DUTY CALCULATOR:  www.LowerWC.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.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

 

New York State Workers Compensation Board Moves to Electronic Employer Report of Injury System

The New York State Workers Compensation Board has announced that it will transition from a paper to an electronic employer report of injury system by adopting the IAIABC (International Association of Industrial Accident Boards and Commissions) Claims Electronic Data Interchange (EDI) Standard Release 3.0. Founded in 1914, the IAIABC is a not-for-profit trade association representing government entities who administer workers comp systems.

 
Currently, the Board accepts New York-specific claims information from employers and insurance carriers through paper submission. Beginning in early 2013, these submissions will be required to match the IAIABC standard and be made electronically. .[WCx]

 

"Electronic filing will reduce system waste and increase efficiency, meaning businesses will save while injured workers will receive their benefits faster," the Board’s Executive Director Jeffrey Fenster said. "We are working closely with employers and insurers in the workers compensation industry to ensure a seamless transition to electronic filing."

 

More than 30 states currently use or are planning to use the IAIABC EDI standard for claim submissions. Most national insurance carriers already utilize this standard. The technology is recognized as the national best practice for workers comp injury reporting. The Board will implement the mandate of electronic reporting in phases beginning with those national carriers that use IAIABC EDI in other states. .[WCx]

 

Based on the experience of other states that have implemented the IAIABC standard, the Board anticipates that its adoption in New York will yield significant benefits, including:

 

  1. Improving the timely delivery of benefits to injured workers.
  2. Providing a single, consistent data format.
  3. Reducing waste, abuse, and delay in the system.
  4. Reducing paper handling costs to system participants outside the Board, i.e., handling, completing, and shipping. 
  5. Reducing high costs to the Board for handling, processing, and scanning paper documents as well as certain data entry costs. 
  6. Reducing duplicative claim form filings. 
  7. Increasing the quality and timeliness of information received by the Board. 
  8. Improving data collection for system oversight and policy making.

 

Mario Cilento, president of the New York State AFL-CIO, noted, "The heart of the workers compensation system is delivering benefits to injured workers when they need them. Labor supports implementing the new paperless standard, which will quicken the delivery of benefits. Anytime we can streamline that process without compromising the integrity of the system, injured workers are better served. The data collected will also lead to improved information for policy-making in the future. We appreciate the Board's efforts to improve the delivery of service in this area."

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.

 

 


WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com

VIEW SAMPLES PAGES

MODIFIED DUTY CALCULATOR:  www.LowerWC.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.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

In NY Workers Comp – What You Pay for is What You Get

Data, being released and discussed, shows that assessments for operating expenses made by the NY WCB against carriers (and passed on to employers) are five times higher than the national average for all states.

 
 
Why?
 
 
Well, the number of people employed by the NYWCB is greater (1500+) than the number of people employed by all comp boards east of the Mississippi (if Florida is excluded). By 1990, the NYWCB had 650,000 workers comp hearings per year, a number so large and anomalous that a major comp research institute studying New York twenty years ago at first thought that a zero had been added by mistake. [WCx]
 
 
In addition, NY has had for decades far higher assessments for second injury funds. (One eastern state has a second injury fund law that, for several decades, had only a single claim which qualified for reimbursement.)
 
 
The reasons for the New York anomaly can be traced back to a highly broad interpretation of a requirement that no claim for workers comp could be closed without affording the parties to a hearing. It did not say that more than one hearing was required, nor did it say that a hearing had to be automatically scheduled if no one requested it.
 
 
However. New York gradually drifted into the practice of automatically scheduling at least one hearing on every claim. If any party (claimant, carrier or an attorney) for some reason failed to attend, an adjournment was automatically granted. Lawyers, whose fees were, and are, proportional to the number of hearings, were never heard to complain about such policies.
 
 
By the 1980s, some claims were breaking all records for administrative tolerance. In one claim (and probably a lot more) a claimant was granted eleven consecutive “final opportunities for the claimant to appear. In 2009, a case was reported where two law firms, and the Board, required seven years of hearings and two years of court appeals to decide which of two carriers was responsible for a claim. (A board clerk had made a key stroke error which placed the wrong carrier on notice for the first hearing. No one ever thought to contact the Compliance Bureau.)
 
 
The message for employers is to avoid thinking that others (carriers and the Board) will be the first to limit unnecessary costs on claims. A principal reason (more likely, an excuse) for hearings is that necessary information is not in the carrier’s claim file or the WCB e-file. Yet much of the information (payrolls, lost time information) is obtained from the employer.
 
 
An employer can reduce the costs on claims by submitting as much information as possible prior to the first hearing. The itemized payroll for the year prior to the accident, for example. That information will be required on all claims with significant lost time (more than a week) and a substantial percentage of all adjournment is to “obtain a payroll prior”. [WCx]
 
 
The above suggestion can reduce hearing costs by 10-20% on a claim. Many other suggestions can do the same, but that should do for a start.
 
 
 
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. medsearch7@optonline.net


 


WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com

VIEW SAMPLES PAGES

MODIFIED DUTY CALCULATOR:  www.LowerWC.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.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

80 Foot Fall from Scaffold Earns NY Employer OSHA Citation

OSHA recently cited Navillus Contracting Tile Inc. for alleged repeat and serious violations of safety standards at a work site in Brooklyn, New York.

 
 
The Manhattan-based masonry contractor was cited following an incident in which an employee fell 80 feet to a lower level from the top of a 118-foot-high scaffold.  [WCx]
 

"This employee is fortunate to have escaped death, but what is unfortunate is that this fall occurred in the first place," said Kay Gee, OSHA's area director for Brooklyn, Manhattan, and Queens. "It is effective scaffold maintenance, work practices and fall protection – not luck – that are essential to protecting workers against life-threatening falls."

 

An inspection by OSHA's Manhattan Area Office found that the scaffold platform was not fully planked and lacked guardrails, an aluminum access platform was not secured against displacement, another worker was not tied off to a safe anchorage point, and employees accessed work areas by climbing up and down the scaffold frames. These conditions resulted in citations for six serious violations, with $36,000 in proposed fines. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

 

One repeat violation with a proposed fine of $38,500 involves a lack of guardrails. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. OSHA cited Navillus in 2008 for a similar hazard at a Bronx work site. .[WCx]

 
 


"To prevent hazards such as these, employers should implement effective illness and injury prevention programs in which they work continuously with their employees to identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.

 

 


WORKERS COMP MANAGEMENT MANUAL:  
www.WCManual.com

VIEW SAMPLES PAGES

MODIFIED DUTY CALCULATOR:  www.LowerWC.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.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

New York Workers Compensation Cost Containment Starts with Employers

In NY workers comp, “return to work” measures (RTW) can achieve unprecedented savings – for the employer and the employee but only if the employer takes the initiative.  Employer involvement is many times more effective than what a carrier, TPA, consultant, etc. can provide especially with restoring a worker to employment.

 
 
Recently in NY, new court decisions point to a recognition that a worker collecting wage loss benefits cannot lightly refuse a job offer without risking reduction of benefits. But the cases involve claims where the original employers made the offers. Those employers, of course, were in a far better position to know what offer would be within the capabilities of one of their employees. (WCxKit)
 
 
Many employers have ignored the advantages of proactive job offers. The reasons lie in the fact that any program will fail sometime, in someplace, for many reasons. But that is no reason to balk. What is not tried will ALWAYS fail. If the employer will not make the effort, who will?
 
 
This will be the opening of a series which will outline the steps for an employer-initiated return to work program. A series has to begin somewhere and the starting point must be to stress that the employer’s role is central and cannot be delegated. The employer alone has the knowledge of the person, the job, the requirements and the ability to make essential modifications often necessary for success.
 
 
Editor's Note: The next part of our Tips from Ted, will deal with pre-incident planning.

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. medsearch7@optonline.net
 

 
WORKERS COMP MANAGEMENT GUIDEBOOK:  www.WCManual.com
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

New York Corrections Officer Faces Fraud Charges for Working Second Job

A Corrections Officer from New York Mills is facing fraud charges after authorities say he wrongfully collected workers compensation benefits from the State, according to information from the New York State Police.
 
 
The police noted that Frank Caporale, 43, of New York Mills was charged with first-degree offering a false instrument for filing and fraudulent practices, both felonies. 
 

Caporale, a New York State
Corrections Officer at Midstate Correctional Facility, allegedly submitted written statements that contained materially false information to the New York State Insurance Fund as part of a claim for payment.
 
 
According to State Police, the statements indicated that Caporale was not employed, when he in fact was working a second job. As a result of these filings, the defendant did wrongfully collect $10,540 in workers comp benefits from the State Insurance Fund.
 
 
Caporale was subsequently given appearance tickets returnable in the Town of Marcy Justice Court.
 
 
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
 
 

NEW 2012 WORKERS COMP BOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact  Info@ReduceYourWorkersComp.com.

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