Workers Compensation News in Brief for February 2012

How Can You Find Quality Providers?

According to a recent MedMetrics blog, finding quality providers in your data has never been easier. See the complete blog here.

Author Karen Wolfe explains in the blog there are several steps, including:
1. Identify and avoid the poorly performing doctors
2. Having good data.
3. Keeping a historic perspective.
4. Provider performance evaluation is essential.
5. Defining good data.

6 Record proliferation.
7. Data entry procedures.
8. Provider performance suite.

To learn more, visit MedMetrics and to learn how, contact KarenWolfe@MedMetrics.org

The Texas Department of Insurance Offers New Rulebook

Texas Department of Insurance, Division of Workers’ Compensation just supplemented its Rulebook for 2012-02. It is now available online for amendments and new rules to 28 TAC chapter 180 regarding the monitoring and enforcement authority of the division of workers’ compensation.

The supplement can be printed from the TDI website here.

16th Annual Texas Safety Summit for Employers and Employees April 10-12 in Austin

The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) will host the 16th Annual Workplace Safety Conference, the Texas Safety Summit, on April 10-12, 2012 in Austin at the Doubletree Hotel Austin, 6505 IH-35 North. The TDI-DWC is hosting the conference to help all employers reduce injuries and their associated costs through workplace safety and return-to-work programs, whether or not they subscribe to workers’ compensation insurance.

A pre-conference session entitled Workers' Compensation 101 and Return to Work will be offered from 1 p.m. to 4 p.m. on April 10.

Conference general sessions include Technology in Collision Reconstruction presented by Clifford McCarter of Rimkus Consulting Group; Occupational Safety and Health Administration (OSHA) Region VI Update presented by John Hermanson, Regional Administrator of OSHA, Region VI; Generational Issues in the Workplace presented by Dr. Richard Lewis of Round Top Consulting Associates; and Personal Fitness for Work presented by Petti Redding of the Redding Group.

In addition, over 20 breakout sessions are planned to address pertinent issues facing Texas workplaces, including:

Accident/Incident Investigation;

Asbestos Awareness;

Combustible Dust/Respirable Dust;

Components of Effective Safety Programs;

Drug and Alcohol Awareness for Employees;

Effective Safety Committees;

Fatal Driving Distractions;

Federal and State Reporting Requirements;

Fire Safety in the Wild and Urban Interface;

Hazard Communication and Material Safety Data Sheets for Small Employers;

Heat Illness Prevention and Response;

ICS402 Incident Command System (Disaster Planning);

Job Safety Analysis;

Lockout/Tagout;

Management’s Role in Slips, Trips and Falls;

Material Handling;

Office of Injured Employee Counsel;

Personal Protective Equipment: Employer Responsibilities;

Tips for Safety Trainers;

Top Ten New Traffic Laws;

Uses of Injury/Illness Data Requested by OSHA and the Bureau of Labor Statistics (BLS);

Traffic Work Zone Safety; and

Workplace Violence Prevention

Conference rates for hotel reservations are available at the Doubletree Hotel until March 19 or until the conference block of rooms is full. To make hotel reservations, call the hotel at 512-454-3737 and reference “Texas Safety Summit” or register online using the Doubletree Hotel website here.

Texas Supreme Court Grants Rehearing in Ruttiger Case

Feb. 22, the Texas Supreme Court issued its long-anticipated option in Texas Mutual Insurance Co. v. Ruttiger. A divided Court held that some, but not all, “bad faith” claims based upon alleged violations of the Insurance Code are “at odds with” the works’ compensation system and, thus, may not be presented to, or considered by, the district courts. To read more on this case, click here.

Study Provides Baseline to Measure Impact of Reforms on Illinois Workers' Compensation System

A new study, CompScope™ Benchmarks for Illinois, 12th Edition, by the Workers Compensation Research Institute (WCRI) shows baseline data to measure the future impact of 2011 reforms in Illinois, which are designed to ensure that the state’s workers’ compensation costs are reasonable and competitive.

According to a WCRI release, “The reform legislation addressed key cost drivers in the workers’ compensation system, especially medical prices, by reducing fee schedule rates by 30 percent, introducing preferred provider networks for selecting treating physicians, implementing American Medical Association (AMA) guides for evaluating impairment, and requiring clinical reports by physicians.”

For more information about WCRI or to purchase this study, visit: http://www.wcrinet.org.

The Texas Department of Insurance Shows Proposed Revisions

The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) is accepting comments on proposed revisions to the following employer and self-insured political subdivision forms:

1. DWC Form-005, Employer Notice of No Coverage or Termination of Coverage;

2. DWC Form-007, Employer’s Report of Non-covered Employee’s Occupational Injury or Disease;

3. DWC Form-020SI, Self-Insured Governmental Entity Coverage Information.

These proposed form revisions are not a formal proposal and comments received will not be responded to in accordance with the Texas Administrative Procedure Act. The proposed draft form is available from the TDI-DWC website here.

Informal comments may be submitted to the TDI-DWC by e-mailing

informalrulecomments@tdi.state.tx.us.

The Texas Department of Insurance Seeks Comments

The Texas Department of Insurance Division of Workers’ Compensation formally proposed in February new Rules Relating to Notice and Reporting Requirements for Subscribing and Non-Subscribing Employers; and Rules Relating to Notice of a Texas Labor Code §504.053(b)(2) Election by a Self-Insured Political Subdivision.

TDI-DWC is accepting public comment on the proposals to add new 28 Texas Administrative Code (TAC) §§110.7, 110.103, 110.105, and 160.1, and to amend 28 TAC §§110.1, 110.101, 160.2, and 160.3.

The proposal relates to various notice and reporting requirements imposed upon subscribing and non-subscribing employers, specifically requirements for notifying the TDI-DWC of non-coverage status, termination of coverage, and occupational injuries, illnesses and fatalities; and requirements for notifying employees of the employer’s coverage status.

The primary purpose of the proposal is to update and clarify these notice and reporting requirements. The proposal also contains a new rule that would require a self-insured political subdivision that elects to provide medical benefits in accordance with the manner described by Texas Labor Code §504.053(b)(2) to notify the TDI-DWC of its election to provide medical benefits in that manner. [WCx]

The proposal will be published in the February 24, 2012, issue of the Texas Register and may be viewed on the Secretary of State website at http://www.sos.state.tx.us/texreg/index.shtml once published. Public comments may be submitted by e-mailing rulecomments@tdi.state.tx.us.

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: RShafer@ReduceYourWorkersComp.com.

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com

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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.