Workers’ compensation began as a system for injured workers in the early 1900s. Since that time we have seen numerous changes within each state system evolving to where we are today; however, the basic construct of workers’ compensation has remained the same. The last several years have ushered in many new practices within the workers’ compensation systems, some significant with others merely inconvenient, yet all have forced change in some fashion.  At the 2022 Workers’ Compensation Institute Conference in Orlando, a panel of claims experts discussed how employers can prepare for these changes to ensure that their programs are achieving
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The last few years have been major challenges for risk managers. Besides COVID-19, risk managers have had to face dramatic changes in business demands, supply chain and economic disruptions, the Great Resignation, court shutdowns, “yo-yoing” workers’ compensation costs, hard insurance markets, work-from-home and return-to-the-workplace issues. Some companies got bigger by growth or acquisition, some went through layoffs, workforce restructures or divestitures, but almost all companies are different today than they were in March 2020.  At the 2022 Workers’ Compensation Institute Conference in Orlando, a panel of risk managers at companies who have faced these changes discussed their experiences. Speakers included:
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How do you train managers on return to work and applying light duty restrictions? How do you know you’re selecting the right vendors and physicians? At the 2022 Workers’ Compensation Institute Conference in Orlando, an interactive session including audience members and an expert panel share the highs and lows of their return-to-work programs. Speakers included: Maxine Topper – Executive Vice President, Physicians Health Centers Rosa Royo – Director of Workers’ Compensation, Miami Dade County Public Schools Tish Cooke – Risk Manager – Workers’ Compensation, TopBuild What makes a strong return-to-work program? A successful program needs the support of everyone from
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At the 2022 PRIMA Annual Conference, a session discussed how to facilitate the transition from a long-time risk manager to a new person in that role. The speakers, all past PRIMA presidents, were: Sarah Perry – City of Columbia (retiring soon) Dean Coughenour – City of Flagstaff (recently retired) Daniel Hurley – City of Chesapeake (recently retired) There is currently a significant exodus of longtime public entity risk managers as a generation is reaching retirement age. These transitions are not always planned well in advance as situations arise that result in a rapid transition. Public entities tend to operate with
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At the 2022 PRIMA Annual Conference, a session discussed recent case law and legislative changes impacting qualified immunity for law enforcement officers. The speakers were: Benjamin Eggert – Wiley Rein LLP Steve Leone – Genesis Management & Insurance Services Corp Qualified immunity for law enforcement officers is receiving increased attention on state and federal levels as a response to high profile incidents involving potential police misconduct in recent years. There is also significant societal pressure to prosecute police officers for misconduct. A record 21 officers were criminally changed in 2021. This number may seem inconsequential, but prosecutions used to be
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At the 2022 PRIMA conference, a session discussed the impact that presumptions are having on the grand bargain of workers’ compensation. The speakers were: DeeAnn Wagner – Sedgwick Paula Lowder – Colorado Special Districts Property & Liability Pool Helana Barmore – Texas Association of Counties Jeff Rush – California JPIA When workers’ compensation was initially developed, it focused on traumatic injuries in the workplace. Over time, the system added repetitive trauma claims, or certain occupational diseases and injuries occurring gradually over time, expanding coverage well beyond the initial intent of the law. However, these areas of expansion were tied to
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At the 2022 NCCI Annual Insights Symposium, a session discussed how changes to the labor force are impacting workers’ compensation. The speakers were Len Herk and Carolyn Wise from NCCI. Highlights In the latest jobs report, there were over two million less people in the workforce compared to pre-pandemic figures from 2019. Labor shortages have been universal, but have been concentrated in businesses that laid off workers during the pandemic. Labor shortages have led to higher wages and benefits, empowering workers to seek jobs across different sectors and occupations. The workplace itself has also been changed. There is more remote
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At the 2022 NCCI Annual Insights Symposium, NCCI Chief Actuary, Donna Glenn, presented the annual State of the Line Report. This includes workers’ compensation data from NCCI states on primary workers’ compensation policies. The highlights were as follows: For calendar year 2021, workers’ compensation had the lowest combined ratio of all property-casualty lines. In some ways, 2020 and 2021 were anomalies, but in other ways, it followed prior patterns. Workers’ compensation premiums increased slightly in 2021 vs. 2020, after dropping significantly in 2020 from 2019. Net written premiums, including state funds, were $43 billion. The calendar year combined ratio for
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At the 2022 NCCI Annual Insights Symposium, Katherine Williamson from NCCI discussed the impact catastrophes have on workers’ compensation. Understanding Past Events There have been many past events that redefined workers’ compensation risk with the first being the Triangle Shirtwaist Fire in 1911. Workers’ compensation and many workplace safety laws arose after this. In 1947, the port of Texas City in Galveston Bay was destroyed by multiple explosions. 581 were killed and thousands more were injured, highlighting the extraordinary potential impact of a workplace accident on workers’ compensation. The September 11 attacks were the costliest workers’ compensation events ever with
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At the 2022 Executives in Workers Comp Conference, a panel discussed the benefits of self-insurance for your workers compensation program. The speakers were: Jeffrey Einhorn – CEO, NonProfits’ United G. Michael Lyon – President, SIG Solutions, Inc. Lyn Booz – Chief, Office of Self-Insurance Plans Jon Wroten – Managing Director, California Risk Advisors LLC It is important for self-insured employers to maintain strong loss control programs because they are spending their own money until reaching their excess policy’s retention level. Great loss control practices can lower claims costs and improve outcomes for injured workers, resulting in additional savings compared to
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