Illinois Workers’ Compensation Appellate Decisions
At the 2016 Illinois Self Insurers’ Association 38th Annual Educational Seminar and Membership Meeting, Christopher Gibbons and Keith Herman from Nyhan, Bambrick, Kinzie & Lowry, P.C., discussed recent important workers’ compensation decisions from the Illinois Court of Appeals. Reichling vs. Touchette Regional Hospital The issue on this case was – who was the proper employer? The claimant was employed by a staffing agency and was placed in the hospital where she was injured. She filed a claim against her staffing-agency employer and ultimately settled that claim. She later filed a civil liability claim against the hospital for the slip and
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Illinois Legislative Update
At the 2016 Illinois Self Insurers’ Assoication annual meeting Jay Dee Shattuck, President of Shattuck & Associates Consulting provided a legislative update for the state of Illinois. Governor Rauner has made workers’ compensation reform one of his priorities as he feels this is important to maintain a competitive business environment in Illinois. Unfortunately, the Governor’s efforts have been rebutted by the Illinois Legislature. The House and Senate both pushed their own workers’ compensation bills which were not meaningful reform that would have reduced costs, but both these bills did not pass. There are currently negotiations with a working group trying
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Zika Update
At the 2016 Illinois Self Insurers’ Association 38th Annual Educational Seminar and Membership Meeting, Christopher Dea, MD, Assistant Corporate Medical Director with Caterpillar, gave an update on Zika. In the United States, most confirmed cases of Zika have been travel related. There were some very-isolated cases of non-travel-related Zika in a section of Miami-Dade County, but that appears to have been eradicated. There has a small number of cases that appear to have been sexually transmitted. The primary transmission method of Zika is through one particular species of mosquito. They can be found in many states in the U.S., including the
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Merging Safety Cultures
At the 2016 Illinois Self Insurers’ Association 38th Annual Educational Seminar and Membership Meeting, Joan Vincenz, Managing Director Workers’ Compensation and Managed Care with United Airlines, talked about the process United went through to restructure their workers’ compensation program when they merged with Continental. The vision statement of United Airlines is to return their employee to good health and to work as quickly, medically and operationally soon as possible. When United merged with Continental, their workers’ compensation departments were structured very differently, with one reporting through human resources and the other through operations. In their new structure, the Vice President of
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Workers’ Compensation Bloggers Debate Industry Trends
Top industry bloggers debated the hottest issues facing workers’ compensation and risk management at the 2016 California Workers’ Compensation and Risk Conference. Speakers included: Bob Wilson, President & CEO, WorkersCompensation.com, LLC Julius Young, Attorney, Boxer & Gerson, LLP Jennifer Jordan, Chief Legal Officer, Medval Michael Gavin, President, Prium Mark Walls, Vice President Communications & Strategic Analysis, Safety National (moderator) Yesterday the Department of Labor (DOL) released a report around state workers’ comp commissions outlining areas of inadequacy and oversight. What are your initial thoughts about this? Jordan: I thought the report was unfair, was dated and the didn’t use updated
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Creating a World-Class Risk & Safety Culture
In this session at the 2016 California Workers’ Compensation & Risk Conference, three seasoned risk management professionals shared their experiences around changing the mindset, and ultimately the culture, of organizations to become safety focused. Speakers included: Dan Holden, Manager, Corporate Risk & Insurance, Daimler Trucks North America Heidi Bastien, Director of Risk Management, Rubio’s Restaurants, Inc. Scott Ritto, Vice President, Risk Management, Kilroy Realty Corporation When it comes to creating a culture of safety, there are a few areas where you can start. First, assess the current culture of your organization. How do people look at risk? Are people focused
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Federal Risk Management Issues Affecting Employers
This session at the 2016 California Workers’ Compensation & Risk Conference analyzed the latest federal workers’ compensation trends and their impact on employers. Speakers included: Gregory McKenna, VP & Counsel Governmental Affairs, Gallagher Bassett Robert Cartwright, Jr., Safety and Health Regional Manager, Bridgestone Retail Operations OSHA’s Electronic Reporting Regulations OSHA recently issued a final reporting rule to “improve tracking of workplace injuries and illnesses.” OSHA says they intend to use this to gather more data about employer conduct, however employers are leery. Why is there increased federal involvement with state workers’ compensation? Many employers believe this will lead to employer
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To C&R or Not C&R – That is the Question
A compromise and release (C&R) agreement is essentially a contract between an injured worker and a party that is paying workers’ compensation benefits to the injured person. By signing the agreement, the injured party settles his workers’ compensation claim in exchange for a lump-sum check. This panel at the 2016 California Workers’ Compensation & Risk Conference provided case studies that argued the effectiveness of C&R agreements with employees who return to work. Speakers included: Kristi Montoya, Risk Manager, UPS William Zachry (Retired), Albertsons/Safeway and Board Member of the Self-Insured Security Fund Debra Russell, Director Workers’ Compensation Program, Schools Insurance Authority
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Preparing for Cyber Threats
Cyber attacks expose an organization to various cyber risks like financial loss, regulatory sanctions and reputational damage. In this session at the 2016 California Workers’ Compensation & Risk Conference, Heather Wilkinson, Vice President, FINEX E&O/Cyber Manager at Willis Towers Watson, discussed current cyber threats and what companies can do to counter them. The cyber insurance marketplace is expanding. Total premiums have reached $2 billion, with expectations that they will reach $20 billion by 2025. Underwriting guidelines are becoming more in depth at a rapid pace and it is becoming more difficult for companies to prove their insurability. This typically requires
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Top Three Medicare Issues Impacting Workers’ Compensation
This session at the 2016 California Workers’ Compensation & Risk Conference highlighted three major Medicare issues impacting workers’ compensation today. Speakers included: Dan Wynn, Workers’ Compensation Manager, Goodwill Southern California John Kane, Medicare Program Director, Liberty Mutual Ciara Koba, Partner, Burns White LLC Latest Developments The SMART Act amended the Social Security Act requiring that Medicare create an online portal for up to date exchange or final conditional payment information. The Centers for Medicare & Medicaid Services (CMS) enacted a workload shift in order to refine the conditional payment process and move towards more-timely notification. Workload transition involves two entities:
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