Impact of Prescription Drug Formularies
At the 2022 WCRI Annual Conference, Vennela Thumula from WCRI presented studies regarding the impact of prescription drug formularies in various states. A workers’ compensation drug formulary is a list of prescription drugs that can be prescribed and dispensed with no prior authorization. 17 states now have drug formularies for workers’ compensation with Texas implementing the first in 2011. Some states develop their own formularies while others use the Official Disability Guidelines (ODG) or the American College of Occupational and Environmental Medicine (ACOEM) guidelines. California California implemented their drug formulary on January 1, 2018. In the first quarter following implementation,
(Read the full article…)
The Workforce After COVID-19
At the 2022 WCRI Annual Conference, a panel discussed how the pandemic has changed the workplace. The speakers were: Denise Algire – Albertsons Companies Dan Allen – Construction Industry Service Corporation Craig Ross – Liberty Mutual Sebastian Negrusa – WCRI Vaccine Requirements Educational efforts around the vaccine have been successful in many industries, leading to high vaccination rates among employees. While some companies implemented vaccine mandates for a variety of reasons, most did not feel this was necessary. Long COVID The Department of Labor (DOL) has classified “long COVID” as a disability that requires accommodation under the Americans with Disabilities
(Read the full article…)
Economic Disruption and Workers’ Compensation
At the 2022 WCRI Annual Conference, Robert Hartwig, Associate Professor of Finance from the University of South Carolina, talked about a variety of issues impacting the economy and workers’ compensation. Inflation Overview and Impact The current drivers of inflation are rooted in pandemic-related supply chain disruption and monetary policy changes made in response to the pandemic. The federal government passed six COVID relief bills totaling $5.7 trillion, creating a substantial influx of cash into the economy which had a very predictable impact on inflation. Inflation is also being heavily influenced by high oil prices. As it relates to workers’ compensation,
(Read the full article…)
Social Worker, Therapist, Cop: Managing Today’s Police Risk
At the 2022 PARMA Conference, a session discussed the evolving ways that police departments are responding to situations involving mentally ill suspects. Speakers included: Kevin Allen – Allen, Glaessner, Hazerwood & Werth John Robinson – Allen, Glaessner, Hazerwood & Werth Thomas Sims – Watsonville Police Department About 10% of police interactions involve someone with mental illness and 25% of officer-involved shootings involve a suspect with mental illness. These interactions are riskier because typically the calls last longer, require more than one officer, do not involve a felony, and are volatile situations involving risk to the safety all parties. According to
(Read the full article…)
Mental Stress-Related Claims, They Aren’t like Broken Bones
At the 2022 PARMA Annual Conference, a panel discussed the importance of mental health wellness programs for your employees. The speakers included: Jena Covy – City of Bakersfield Christie Tenter – City of Bakersfield Alan Ernst – City of Modesto Tina Casola – First Alarm Wellness Traditional employee wellness programs have always focused on physical health. However, any good wellness program needs to address mental health, as this is an important and neglected component in overall employee health. There are many stressors in everyone’s lives, both from workplace and personal issues. These problems can persist and worsen unless an employee
(Read the full article…)
PTSD Claims: A Guide for Rebutting and Defending Against this New Presumption
At the 2022 PARMA Annual Conference, a panel discussed post-traumatic stress disorder (PTSD) claims for public entity employees. Speakers included: Dr Ron Heredia – Westwood Evaluation and Treatment Center Vicki Lindquist – Laughlin, Falbo, Levy & Moresi LLP Dr. Tyrone Spears – City of Los Angeles Under California law, a “violent act” causing a mental injury is compensable if it is considered “substantial”. The courts ruled this accounts for roughly 30% of the mental injury causes, which is a very low threshold. California also has a PTSD presumption statute for first responders in California meaning claims for PTSD are presumed
(Read the full article…)
Sexual Assault And Molestation Claims Against Public Entities: Legal Updates, Liability Exposure, and Defense Strategies
At the 2022 PARMA Annual Conference, Anthony DeMaria from DeMaria Law Firm provided an update on liability exposures and defense strategies for California public entities facing claims relating to sexual assault and molestation (SAM) claims. There are several ways that a negligence claim can be pursued against a public entity relating to SAM claims. Negligent Hiring Were candidates properly screened? Employers are legally obligated to conduct background checks on school employees, including fingerprinting and checking references. While social media checks are not required, they are advisable. Employers need to be consistent. One area of concern is schools utilizing a number
(Read the full article…)
Candid Conversations
At the 2021 WCI Conference in Orlando, Scott Westman, Sr. Vice President Casualty Operations at Sedgwick and Steve Figliuolo, Enterprise Risk Management at Chick-fil-A, Inc., discussed how they approach workers’ compensation claims. Advocacy Approach Chick-fil-A tries to take the same customer service approach with their claims handling that they do with the customers in their stores. That means going the extra mile to advocate for their injured workers. To assist their employees, they set up a 24-hour call center for people to reach out with basic workers’ compensation questions. The system can be complex and they hoped this would take some
(Read the full article…)
Risk Managers Discuss Their Strategies in Producing Quality Claims Outcomes
What are the most important focuses for workers’ compensation programs that lead to quality claims outcomes and what are the claims strategies and initiatives that best drive results? At the 2021 Workers’ Compensation Institute Conference in Orlando, a a panel of risk managers share what has worked well for them, and how they drive those focuses to produce better outcomes and results for their companies. Speakers included: David Stills – Senior VP, Carrier and Risk Practice, Sedgwick Tara Acton – Director, Claims & Counsel, Lumen Technologies Teresa Gunter – Manager Sr. Claims, The Adecco Group NA Marc Salm – VP
(Read the full article…)
Workers’ Compensation Regulators Discuss the Major Issues Facing State Agencies
The 2021 SAWCA All Committee Conference kicked off with a panel of regulators discussing some of the challenges they are facing in their state agencies. The participating states were CO, FL, GA, KY, LA, MD, MS, MO, SC, TN, TX, VA and WI. Do you have COVID-19 claims that have litigated to conclusion in your state? Colorado – Only a handful of claims have litigated through the hearing process, and most of those were ultimately denied. Florida – There are a small number of COVID-19 claims in litigation currently. Georgia – There are no COVID-19 presumptions in the state. Only
(Read the full article…)