So what happens when a workers’ compensation claim against a self-insured employer is contested and resolved by the workers’ compensation board and in doing so the board makes a finding concerning the date of injury? Does that workers’ compensation board finding bind the excess insurer when the policyholder seeks coverage for that workers’ compensation claim under the excess policy? … [Read more...] about Is an Excess Insurer Bound By Decision of Workers’ Compensation Appeals Board?
Workers compensation who pays
To adequately protect business interests, an employer should adopt an all-inclusive, integrated approach to disability management that encompasses work place safety and injury prevention programs, employee wellness strategies, an effective absence control policy, an early-return-towork policy, and an aggressive, comprehensive, proactive legal strategy. Strategies for ADA claims include (1) obtaining the medical information necessary to determine whether an employee’s condition qualifies as a disability under the ADA, (2) if so, engaging in a meaningful dialogue with the employee to determine whether there is a reasonable accommodation that will allow the employee to perform his/her essential job duties without causing the employer undue hardship, and (3) determining whether the employee’s condition poses a direct threat to his/her own safety or the safety of others. … [Read more...] about Disabilities Management – An Integrated Approach to ADA, FMLA and Workers’ Compensation Issue
A new trend in Kentucky has recently emerged where plaintiffs are attempting to base their workers' compensation claims on evidence that their employers allegedly mistreated them while they were on light duty or exercising some other type of accommodation after a work-place injury. Whether purposeful or accident, plaintiffs are blurring the lines between workers' compensation retaliation and disability discrimination. When trial courts let this evidence in, they are essentially allowing plaintiffs to morph a workers' compensation retaliation claim into a disability discrimination claim in actions where plaintiffs would not otherwise be permitted to plead disability discrimination because they do not have a “disability” under the Americans with Disabilities Act (“ADA”). Instead of focusing their evidence on whether the pursuit of workers' compensation benefits was a substantial and motivating factor in the adverse employment action, plaintiffs are focusing on … [Read more...] about Blurring the Lines Between Workers’ Compensation Retaliation and Disability Discrimination in Kentucky
The plaintiffs are asking for $1.38 billion. This is more than half of the premium collected by the BWC in any given year. Can the BWC afford it? According to the most recent financial report to its board, the BWC has “net assets” of $7.6 billion. As of the last fiscal year, the state fund contained $24 billion. All but the surplus is reserved for claims payments to injured workers, so it would appear that if an award is made in the amount requested, the BWC can make payment without resorting to a rate increase for all employers. … [Read more...] about Why Ohio Workers’ Compensation Decision Could Benefit Employers
Steve Gidwitz, COO, NCA Comp, Buffalo, New York (TPA)John Leonard, president and CEO, Maine Employers’ Mutual Insurance Company, Portland, Maine (carrier)Richard Graham, corporate director, insurance and risk control, Crozer-Keystone Health System, Chester, Pennsylvania (employer)Maureen McCarthy, senior vice president, Liberty Mutual, Boston, Massachusetts (moderator)McCarthy began by addressing the economy and how it’s affecting workers comp in the Northeast and, more specifically, how it has impacted getting people back to work. … [Read more...] about Regional Conflicts in Workers Compensation