Even before the pandemic, presumption laws for first responders were becoming ubiquitous. However, questions remain about whether these laws are being led by science or sympathy and how we should treat similar risks and exposures for employees not favored by presumptions. In this session at WCIvirtual 2020, panelists gave a realistic assessment of whether some states’ measures for rebutting presumptions are actually increasing already questionable financial burdens on employers. The panel tackles these issues from all sides: bench, bar, physician and claims. Panelists included: Kip Kubin – Attorney & President of the College of Workers’ Compensation Lawyers Neel Shah, MD
(Read the full article…)

In day two of this two-day session at WCIvirtual 2020, law firms from the Workers’ Compensation Defense Institute (WCDI) discussed various employee injury trends and related laws in their states.   Panelists Included: Caitlin Beyl – Attorney at McConnaughhay, Coonrod, Pope, Weaver & Stern, PA Christopher McCue – Attorney at McConnaughhay, Coonrod, Pope, Weaver & Stern, PA Martine Cumbermack – Attorney at Swift, Currie, McGhee & Hiers, LLP Rich Lenkov – Attorney at Bryce Downey & Lenkov, LLC Jennifer Morris Jones – Attorney at Cranfill, Sumner & Hartzog, LLP Regan Cobb – Attorney at Holder Padgett Littlejohn & Prickett, LLC
(Read the full article…)

In day one of this two-day session at WCIvirtual 2020, law firms from the Workers’ Compensation Defense Institute (WCDI) discussed various employee injury trends and related laws in their states. Panelists included: Kyle K. Kinney – Miller, Christie & Kinney, PC (moderator) Emily Edwards – Manning & Kass, LLP – California Walter E. Harding – Boehl, Stopher & Graves, LLP – Kentucky Jeffrey C. Napolitano – Guilbeau, Ruli & Frieman – Louisiana James M. Anderson – Anderson, Crawley & Burke, PLLC – Mississippi Jordan Ensley – Latham, Steele, Lehman, PC – Oklahoma Robert D. Stokes – Flahive, Ogden & Latson
(Read the full article…)

In this session at WCIvirtual 2020, panelists discussed examples of various workers’ compensation cases and ways that this case law can be applied. Speakers included: E. Louis Stern – McConnaughhay, Coonrod, Pope, Weaver & Stern, PA (moderator) Geoffrey Bichler – Bichler, Oliver, Longo & Fox, PLLC Marc Golden – Rosenthal, Levy, Simon & Sosa, PA David Beach – Rissman, Barrett, Hurt, Donahue, McLain & Mangan, PA Mark Zientz – Law Offices of Mark L. Zientz, PA Attorney’s Fees: This practice is becoming extremely technical and strict, whether it is following code or completing the correct forms. There is no safe
(Read the full article…)

In modern history, there has not been a more disruptive risk management event than the COVID-19 pandemic. It has changed everything, including how we work, where we work and how we interact with each other. This novel virus did not come with a playbook, but after months of living through it, there are many lessons that we can derive from those in workers’ compensation roles who had to quickly adjust and adapt their business models. In this “Out Front Ideas with Kimberly and Mark” industry keynote session from WCIvirtual 2020, Sedgwick’s Kimberly George and Safety National’s Mark Walls led panelists
(Read the full article…)

At the 72nd SAWCA Annual Convention, Bob Wilson, President and CEO of WorkersCompensation.com, gathered a panel of regulatory, industry and legal experts to discuss the latest workers’ compensation issues. Not surprisingly, all of the topics making the panel go hmmm this year relate to the novel coronavirus and its impact on the industry. The panel included: Abbie Hudgens, Administrator of Tennessee’s Bureau of Workers’ Compensation Karl Aumann, Chairman of Maryland Workers’ Compensation Commission Greg Gilbert, Chief Reimbursement and Government Relationship Officer for Concentra Wade McGuffy, Founding Partner of Goodman McGuffey Kevin Tribout, Executive Director of Government Affairs at Optum WC
(Read the full article…)

Workers’ compensation insurance carriers have dealt with their fair share of challenges during COVID-19. The rapid degree of change has been more than the industry has ever experienced. At the SAWCA 72nd Annual Convention, this carrier panel uncovered the business challenges and unforeseen impacts resulting from COVID-19. The panel included: Tom Glasson, AIG Mark Walls, Safety National Jeff Eddinger, NCCI Edie Sonn, Pinnacol Assurance Andrew Price, Next Level Administrators Max Koonce, Sedgwick Unique Challenges Walls: Shortly after we had to quickly pivot to a work-from-home environment, we were suddenly besieged with new regulations and data calls from the regulatory community.
(Read the full article…)

With no existing playbook, employers have quickly adjusted and re-adjusted to address the realities of running a business during COVID-19. In this panel at the SAWCA 72nd Annual Conference, employers shared issues, concerns, lessons learned and a vision for the future. The panel included: Susan Emerson, Delta Airlines Tim East, The Walt Disney Company Chris Shaw, Wellstar Health System Liz Smith, Georgia Power Company Steve Figliuolo, Chick-fil-A Andrew Walker, BMW MC Mark Walls, Safety National (moderator) What are some of the operational challenges that COVID-19 has brought to your companies? Smith: We had to be adaptable. We had to make
(Read the full article…)

At the 2020 SAWCA 72nd Annual Convention, regulatory leadership from several states discussed the challenges and regulatory issues presented by COVID-19. Mississippi Senior Administrative Law Judge Deneise Lott served as moderator, allowing each regulator to provide updates on the impact to their state. Florida: As of the end June, Florida had 5,693 COVID-19 claims filed and 2,617 have been denied. They ramped up their data collection by developing an internal team to determine if claims are COVID-19 related, costs and frequency, and other elements to evaluate economic impact, including market constriction and how many workers’ compensation exemptions were being issued.
(Read the full article…)

Slip, trip, and fall incidents are one of the top losses in the retail, restaurant and hospitality environments. This session at the 2020 CLM Workers’ Compensation and Retail, Restaurant and Hospitality Conference examined the biomechanics needed to understand and, when necessary, defend against claimed slip, trip and fall injuries. Speakers included: Tamara Cohen, Senior Biomechanist, ARCCA, Inc. Gwyneth K. Murray-Nolan, Partner/Member, Weiner Law Group LLP Cathleen Rebar, Partner, Rebar Kelly Jayne Spies, Claims Manager, Oklahoma Municipal Assurance Group Many companies hire a biomechanical expert to assess slip, trip and fall claimed injuries. These experts consider four main factors when conducting
(Read the full article…)