Showing posts with label denver workers compensation. Show all posts
Showing posts with label denver workers compensation. Show all posts

Tuesday, December 22, 2015

Colorado Governor Announces Boards Appointments - Workers Compensation

Denver, CO (WorkersCompensation.com) - Gov. John Hickenlooper announced Board appointments to the Special Funds Board for Workers' Compensation Self Insurers.
The Special Funds Board for Workers' Compensation Self Insurers distributes monies from the Workers' Compensation Special Self-Insured Fund to assure prompt and complete payments to members of self-insured companies who are delayed or declare bankruptcy or have insufficient reserves to cover a claim.
For terms expiring July 1, 2019:
  • Jeffrey L. Green, ARM-P of Loveland, to serve as a manager or employee of self-insured employers in good standing, with knowledge of risk management and finance, appointed;
  • Ondrea Marie Charles Matthews of Wheat Ridge, to serve as a manager or employee of self-insured employers in good standing, reappointed.
Original Source

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Thursday, March 20, 2014

MYTH #3: Workers’ Compensation Claims Improve With Age

Too frequently, I see adjusters treat complex claims like fine wine. They put the file in the back of their cellar (filing cabinet) and hope that, over time, it will become more palatable. They expect that the medical treatment will diminish, the demand will become more reasonable, and the situation will somehow improve to make resolution of the case easier. 
Working for an excess carrier we see nothing but complex claims. I can tell you with great certainty that these cases do not improve over time.
The longer a person is out of work, the greater the chance they will NEVER return to work. According to Bureau of Labor statistics, if an employee is off work for an occupational illness for more than one year, there is only a 25% chance they will return to work. If they are off work for two years, there is almost no chance of a successful return to work. 
In addition, medical costs ALWAYS increase over time. Over the last 10 years, medical inflation has been over 48%. Thus, even if the treatment regime stays consistent, your medical costs will go up. Unfortunately, the medical regime usually does not stay consistent. There are always new drugs available to treat a condition, or new treatment options being introduced. These new treatments and drugs usually cost significantly more than the established treatment and drugs they are replacing.
Since the situation will continue to worsen, the best time to try and settle the claim or take steps to mitigate the loss is NOW! The additional resources and funds you spend today in resolving complex claims can result in significant savings in the future when those claims are no longer sitting in the filing cabinet.
Original Source

Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

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Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Thursday, August 15, 2013

Obese File Twice as Many Workers' Comp Claims - Law Office of O'Toole & Sbarbaro, P.C. Worker's Comp Blog

Mar. 23
MONDAY, April 23 (HealthDay News) -- A new study of almost 12,000 Duke University employees found that obese workers filed twice the number of workers' compensation claims, had seven times higher medical costs from those claims, and had 13 times more lost work days due to work injury/illness than non-obese employees.
The study, by researchers at Duke University Medical Center in Durham, N.C., also found that obese workers in high-risk jobs incurred the highest medical and economic costs of all employees.
The study is published in the April 23 issue of the Archives of Internal Medicine.
"We all know obesity is bad for the individual, but it isn't solely a personal medical problem -- it spills over into the workplace and has concrete economic costs," study author Dr. Truls Ostbye, a professor of community and family medicine, said in a prepared statement.
"Given the strong link between obesity and worker's compensations costs, maintaining healthy weight is not only important to workers but should also be a high priority for employers," Ostbye said. "Work-based programs designed to target healthful eating and physical activity should be developed and then evaluated as part of a strategy to make all workplaces healthier and safer."
People with a body mass index (BMI) of 30 or above are considered obese. This study found that workers with a BMI of 40 had close to 12 workers' compensation claims per 100 workers, compared with about 6 claims per 100 in workers with a normal BMI (18.5 to 24.9).
Obese workers lost an average of almost 184 work days per 100 employees, compared with just over 14 per 100 for those with a normal BMI. Obese workers had average medical claim costs of $51,019 per 100 workers, compared with $7,503 for non-obese employees.
The lower extremities, wrists, hands, and back were the areas of the body most prone to injury among obese workers. Falls, slips and lifting were the causes of most of these injuries.
More information
The U.S. National Institute of Diabetes and Digestive and Kidney Diseases outlines the health risks of being overweight.
SOURCE: Duke University, new release, April 23, 2007
Original Source

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Tuesday, August 13, 2013

Social Media’s Role In Workers’ Comp Claims

By Lucy Carmel, THELAW.TV
People who file workers’ compensation claims have long faced scrutiny from insurance companies. In the past, insurance companies went as far as hiring private investigators to monitor every move the claimant made. Now, social media is proving to be a valuable tool in proving workers’ compensation fraud.
An Arkansas appeals court recently ruled that Facebook and Myspace photos could be used as evidence in a workers’ compensation lawsuit.
ABC News reports that workers’ compensation recipient Zachary Clement had his appeal denied for additional benefits following a payout for medical expenses and total-disability payments he received for more than a year. Clements was injured on the job after a refrigerator fell on him at Johnson’s Warehouse Showroom in Pine Bluff, Ark.
In Clement’s appeal for an extension of benefits, he contended that he required further medical care and compensation for pain. But photos posted on social media of Clement drinking at bars surfaced and will be used in his court case.
So, is using third-party evidence in workers’ compensation cases really anything new?
“Before social media became prevalent, employers and insurance companies had third parties conducting surveillance on injured workers,” says David Nomberg, P.A., and partner at The Nomberg Law Firm in Birmingham, Ala.
Now that employees are on Facebook, Twitter and other social networks, the defense finds plaintiffs online to see what they’re saying and doing.
Old-school surveillance simply lives on in a new online form.
Social media could even make the days of investigators sitting in a car outside injured workers’ home, filming their every move, obsolete.
Whether evidence comes from the real world or the virtual world, it has to be admissible in court. Judges determine if surveillance video or Facebook posts can be used by the defense against the plaintiff.
Reputation management is crucial
“In a workers’ comp case, a client’s credibility is probably as, if not more, important than anything else in the whole case,” says Nomberg. “If the judge doesn’t believe you, you don’t have a chance.”
With a plaintiff’s reputation at stake, attorneys of defendants often bring character of the claimant under fire.
For a case in point, one of Nomberg’s workers’ compensation clients took to her Facebook page just days before her deposition, commenting about ‘taking down’ her employer. The plaintiff had posted three separate entries about her pending case. Though the comments were deleted, the damage had been done.
“The horse was out of the barn,” says Bernard Nomberg, P.A., and partner at his namesake law firm. “It factored into her case and hurt her monetarily.” The client could have potentially walked away with more compensation had it not been for her Facebook rant.
Of course, evidence gathered by the defense can be discredited when it’s inaccurate. In a separate case, Nomberg recalls video footage from the defense of someone they thought was his client riding a motorcycle, when it was, in fact, his client’s daughter.
Social media: Setting a new precedent?
Decisions to use social media evidence in cases such as Clement’s in Arkansas may be cited in future lawsuits — including workers’ compensation cases and any other types of litigation.
But ultimately, each state has unique laws, and cases will be governed accordingly.
And how far will defendants go to scrape social media evidence?
“We’re starting to see requests from the defense and from employers in litigation asking for social media account names and passwords,” says Bernard.
The Nomberg’s say a judge has yet compelled them to comply with these requests, but they see it happening someday. “We object to it as an invasion of privacy, as burdensome, and as not being relevant.”
Though this advice may be too little too late for Clement in Arkansas, “A good rule of thumb for anyone involved in a lawsuit is to always assume you’re being surveilled”, says Bernard. Adds David, “We always tell our clients to be mindful of their activities because they’re being watched.”
Injured employees and workers’ compensation claimants are still free to live their lives, just within their physician’s restrictions. And they don’t have to log off of their social media accounts, but they shouldn’t post comments, photos or statements about their case or their physical condition.
“And that’s even if you have all the privacy settings in place,” says Bernard. “Friends of friends can be enemies.”
Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, August 12, 2013

Workers' Comp Scams That Push the Limits - Law Office of O'Toole & Sbarbaro, P.C. Worker's Comp Blog

Former Pinellas County, Fla., bus driver Bruce Gilbert is a full-grown man who talked like a 5-year-old, a problem his wife blamed on an "on-the-job" accident.
Over 10 years, the Gilberts collected $774,000 in workers' compensation, enough for plenty of Bruce's favorite foods.
When an insurance investigator from the Florida League of Cities asked what his favorite foods were, Bruce Gilbert responded in a childlike voice: "Pizza and spaghetti." Asked about his favorite books, he said he liked books "about animals." His wife claimed he had a regressive mental ailment that effectively gave him the mental capacity of a child of about 5.
But a private eye investigating Bruce Gilbert's disability found that the ex-bus driver, who now lives in Lake City, Fla., could not only still drive, but was also hunting and playing golf. Police in Columbia County, Fla., nabbed him on the golf course in April 2000.
"You're under arrest for workers' compensation fraud and grand theft," the arresting officer said. "Get out of the golf cart, please."
Gilbert kept up his baby talk even after being cuffed.
"They hurt me," he said. "Mommy. My mommy."
Bruce Speaks in Sentences
Thousands of Americans are getting paid for not going to work through workers' compensation scams that even by the smallest estimates cost $1 billion a year. Workers' comp fraud accounts for about 1 percent to 2 percent of all workers' comp payments, according to J. Paul Leigh, a professor of the University of California, Davis. Some of the cases show just how far people will go to collect.
Numbers are very vague for workers' comp fraud. But the Coalition Against Insurance Fraud says all types of insurance fraud cost the average American household about $950 a year.
When Bruce Gilbert was arrested, so was his wife, Alice. While the Gilberts were alone in the police car, they didn't know investigators had left an audiotape recorder running. As the tape turned, Bruce's vocabulary suddenly expanded.
"Workmen's compensation — those bas-----," he said. His wife suggested he try to fake another injury.
"I want you to have a collapse," she said.
Rather than jail time, the Gilberts were each placed on 15 years' probation and ordered to pay back their ill-gotten gains of $774,000.
Money for Nothing
Millions of Americans claim on-the-job injuries every year, but not all are telling the truth.
Timothy Bernard made a deal in Lowell, Mass., after the evidence against him literally fell from the sky. He was caught on videotape while skyboarding during the same period he claimed to have disabling leg and back injuries. He had to give back $3,000 in workers comp benefits and was given two years probation.
Truck driver Crystal Burrill got caught horsing around in California while she supposedly had spine and neck injuries. A videotape of her taking a spill at a rodeo event forced her to admit she'd committed perjury and lied to get benefits. She got probation and paid back $1,500.
Jim Quiggle of the Coalition Against Insurance Fraud says people have offered numerous excuses when it comes to workers' comp.
"The number one reason that people are committing phony workers' comp claims is the economy," Quiggle said.
Mark O'Brien, director of business development at Claims Resource Inc., a Florida-based investigation firm, says some workers don't give it too much thought.
"They can be your average person just thinking that it's an easy way for them to make some money," O'Brien said.
"Do they realize what kind of a crime they're committing? I don't think they think about it," he said.
From Bad Shoulder to a Wrestling Ring
Leroy Howard of St. Petersburg, Fla., hurt his shoulder moving heavy furniture and received about $5,000 in workers' comp.
But private investigator Mike Martof found the 6-foot-2, 250-pound man working in the ring as a professional wrestler known as "The Navy Seal." The Seal was no match for the private eye's video camera, which revealed that Howard's "injury" did not appear to be hindering his performance.
"Not at all," Martof said. "Not whatsoever."
When speaking to an ABCNEWS correspondent, Howard tried to explain himself.
"What I did was wrong, but I didn't see it as being totally wrong," he said.
But when Howard fought the law, the law won.
He made a plea deal after being charged with workers' comp fraud and grand theft in connection with work he was doing without reporting it.
He pleaded guilty, got probation and agreed to make good on the money.
No Money-Back Guarantees
The Coalition Against Insurance Fraud says that when there is no prosecution of workers and no restitution, there's no deterrent for scammers, who end up keeping whatever they can get away with.
Employees aren't the only ones who commit workers' comp fraud. Some employers also do it sometimes by understating the number of workers they have on the payroll in order to get away with paying lower premiums.
According to one national study by CAIF, the state of Florida leads the nation in convictions for insurance fraud. The scammers are usually ordered to pay the money back. But collecting it isn't always that easy.
Officials in Florida say the Gilberts have paid back only about $4,000 of the $774,000 they were ordered to return.
When Good Morning America knocked on the Gilberts' door and asked about the money, Alice Gilbert slammed the door and said, "Go away!"
Meanwhile, Howard, the wrestler, said getting caught actually helped him focus on a new direction. He is in college and looks forward to life outside the ring.

Original Article



Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Thursday, July 11, 2013

Citations Follow Incident In Which Crane Dropped Load, Seriously Injuring A Worker

Denver, CO (WorkersCompensation.com) - The U.S. Department of Labor's Occupational Safety and Health Administration has cited G2K Corp., doing business as GBC Inc. in Lakewood with 13 safety violations. The violations follow a March incident in which a worker was seriously injured when an overhead crane dropped a load, pinning him to the ground and resulting in amputation at the knee. The citations include one willful and one repeat violation. They carry $82,600 in proposed penalties.
The willful violation was for failing to use an approved lifting device to attach the load to the hook of the overhead crane. An unapproved C-clamp slid off a 2,600-pound press brake ram as it was lifted, causing the ram to fall to the ground and pin the worker. A willful violation is one committed with intentional knowledge of or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
The repeat violation was for failing to guard a lathe and two milling machines. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. A similar violation was cited in 2009 at the Lakewood work site.
Some of the eight serious violations involve forklift-powered industrial trucks which include failing to provide seat belts; conduct daily inspections and train workers. The remaining serious violations include failure to inspect lifting slings and remove damaged slings from service; failing to secure grinders and drill presses to the floor; properly adjust work rests and peripheral guards on bench grinders; reduce compressed air used for cleaning purposes to less than 30 psi; and correct hazard communication program deficiencies. These deficiencies include failing to identify all hazardous chemicals in the workplace, failing to ensure chemical containers were properly labeled and failing to provide material safety data sheets for all chemicals. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Three other-than-serious violations involve failing to label exit doors, failing to mark voltage ratings on electrical panels and make them accessible and failing to label circuit breakers. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
"The employers' lack of preparedness is unconscionable, and OSHA will not tolerate exposing workers to such negligence," said David Nelson, OSHA's Englewood area director.
GBC Inc. is a custom metal fabricator and machining facility that employs approximately 50 workers. It has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

Visit: workerscompensationdenverlawyer.com



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Tuesday, July 9, 2013

Court Okays Facebook Party Photos in Workers' Comp Claim - Law Office of O'Toole & Sbarbaro, P.C. Worker's Comp Blog

(Image credit: Arkansas Appeals Court)
An appeals court  has ruled that photos on Facebook and Myspace of a man “drinking and partying” can be used as evidence to deny him further workers compensation claims.
At the center of the suit is  Zackery Clement, who suffered a hernia  March 12, 2009 after a refrigerator fell on him while on the job at Johnson’s Warehouse Showroom in Pine Bluff,  Ark.  Clement, who was compensated for medical expenses and received temporary total-disability benefits for more than a year, was seeking an extension of benefits following three surgeries as a result of the injury.
The story was first reported by Courthouse News Service.
An administrative law judge and the Arkansas Compensation Commission denied Clement’s application for additional benefits, and Clement, 27, was hoping the Arkansas Court of Appeals would reverse the ruling. He argued that he needed further medical treatment and disability payments because of “excruciating pain.”
Key to Clement’s appeal was his request that the court ban the party photos. In his appeal, Clement’s legal team argued the photos were unrelated to medical treatment and “a disgrace to the dignity of the workers compensations proceedings and the legal system.”
“Allowing those Facebook photos for the proceeding is an injustice because it takes away from the dignity of the working class,” said Steven McNeely, the attorney for Clement. “That had nothing to do with whether or not he had an hernia. It’s irrelevant, immaterial and prejudicial. It should be about whether Zack needed additional treatment.”
A pdf of some of the images can be found here.
Instead, the appeals court agreed with previous rulings, which denied a request for additional treatment after diagnostic tests showed “no recurrent hernia and surgery to explore the scrotum” and saw no abuse by the courts in allowing the photos.
In denying Clement’s request for additional compensation and treatment, the court ruled in favor of the use of Facebook photos as a evidence.
In an opinion, written by Judge David M. Glover, the Arkansas Court of Appeals states: “We find no abuse of discretion in the allowance of photographs. Clement contended that he was in excruciating pain, but these pictures show him drinking and partying.”
“Certainly these pictures could have a bearing on a Clement’s credibility, albeit a negative effect that Clement might not wish to be demonstrated to the ALJ or the Commission, “ Glover continues. “We hold that there was not an abuse of discretion in allowing the photographs.”
A spokesperson for Johnson’s Warehouse did not immediately return our request for comment.
Story by ABC News, Original Source
Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

Visit: workerscompensationdenverlawyer.com



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Monday, July 8, 2013

Calif. Workers'-Comp Fraudster Goes From Crutches To High Heels in Same Day



Video of Modupe Martin ditching crutches to meet a man for a park tryst helped convict her, DA said.
01/10/2013


Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

Visit: http://www.injurydenverlawyer.com

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Monday, July 1, 2013

What is the purpose of a waiting period in Workers' Compensation?

Waiting periods are a very common feature in US workers’ compensation systems but are relatively rare in the Canadian context and absent from Australian systems.   A waiting period in workers’ compensation is a form of worker deductible.  Most commonly, waiting periods start on the first day for which wages are lost and last anywhere from one day to one week with three and seven day waiting periods being very common.
Many systems allow for medical-only claims during the waiting period and most have no prohibition against the employer paying some benefits during this time.  In fact, collective agreements may contain provisions that require wage continuation during a workers’ compensation waiting period.  In such cases, there is no administrative or indemnity saving by introducing a waiting period.  All that changes is the pocket from which the benefit is paid.
Most systems with a waiting period have a retroactive point.  If the worker is off work beyond this point (ranging from one to four weeks but most commonly two weeks), the waiting period is waived and the worker receives wage-loss indemnity payments for the waiting period as part of the workers’ compensation claim.  Eliminating a waiting period impacts only the cases with durations less than the waiting period.
When workers’ compensation systems started, the waiting period was seen as a way to constrain insurance costs.  As may be deduced from the structure of the waiting-period deductible and the retroactive provision, the waiting period is targeted at less severe (in terms of duration) claims. Let me be clear, waiting periods limit cost to the insurer (and, through insurance rate-setting and experience-rating provisions, to the employer).  The human and financial cost of the injury for the waiting period is borne by the worker and his family unless this burden is offset by collective agreement provisions or employer practice of wage continuation (or access to sick leave or other paid leave provisions) provided by the employer. 
When workers’ compensation got started in BC in 1917, the waiting period was three days.   In 1972, the waiting period was eliminated.   This was part of a trend in Canada, however, there has been a recent trend to consider and implement waiting periods.  Prince Edward Island and Nova Scotia each have a “2/5ths” of a week waiting period [which works well for 4 day weeks and other non-five days a week schedules] and New Brunswick has a 3 day waiting period. 
From a pure insurance point of view, the best injury claim is the one never filed.  Introducing waiting periods conceptually reduce administrative costs [assuming healthcare costs are paid by someone else] and indemnity costs but they may well discourage many claims of longer duration from ever being filed.  If sick leave or other leave provisions are in place, a worker may well elect to forgo a possible workers’ compensation claim with all the burden of filing and often with an implied or perceived onus of proving work-relatedness in favour of a simple sick leave application within the firm.  Firms may well tacitly approve this practice as it may (or may be perceived to) positively impact workers’ compensation premium rates through experience rating. 
For workplaces with no alternatives, a waiting period externalizes a cost of production [work-related injuries and illnesses] to workers.  If this forces the worker or a family to access other aspects of the social safety net [social welfare services] or community food banks, then the mere existence of a waiting period externalized costs beyond the workplace.  Put another way, those externalized costs amount to a subsidy (paid by workers’ families, taxpayers or the community) to businesses where injuries occur. 
Yes, the firm will have to hire a replacement worker for a few days or bear the costs of lost productivity, but that is the case regardless of the legislative existence of a waiting period. Contrast a firm in a jurisdiction with a waiting period to one where work-related claims are payable from the day following the day of injury and the collective value of waiting periods is obvious. 
Some may argue that the financial subsidy or externalization of costs at the aggregate level is not large.  If this is the case, then reverse is also true: the cost of eliminating waiting periods where they exist will not be large either. If, however, the value of a waiting period is argued to be significant, then its cost or subsidy value should be part of the policy discussion. 
Every jurisdiction has to make its own decision regarding waiting periods in workers’ compensation.  That’s a matter for legislators and their electorates.  There may be good and valid reasons for waiting periods that outweigh the costs or justify the subsidy in a particular jurisdiction.  I am not saying the public policy choice to have or introduce a waiting period is always a bad one.  I am suggesting that the policy debate include a full discussion of the externalized costs and subsidy values involved.

Original Source

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Friday, June 28, 2013

How High Will Your Work Comp Premiums Go? - Law Office of O'Toole & Sbarbaro, P.C. Worker's Comp Blog

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Employers in 2013 are finding it difficult to renew their existing workers’
compensation policy or to obtain coverage from a new workers’
compensation insurer.  For many employers, 5% to 10% price increases
in 2012 are being followed by another 5% to 10% price increase in 2013.
Workers’ compensation insurance has become the most difficult insurance
line for many risk managers to obtain. Work comp also has become the
highest cost component of many employers’ insurance programs.

The Work Comp Insurance Market is “Hardening”
If you ask insurance brokers what is causing the price increases in
workers’ compensation or the difficulty in finding work comp coverage,
you will often get the reply that the market is “hardening.”  A “hard”
insurance market is a period of time where insurance brokers have to
work extra hard to find any coverage or affordable coverage for their
clients.  This “hardening” of the insurance market is being caused by
several factors, including:
  • Stringent capital requirements are dampening insurers’ risk appetite
  • A low interest rate environment has lowered the income insurance companies
    get from their investments
  • Insurers have been incurring underwriting losses – paying out more on
    claims and related cost then they are taking in, in premiums
  • The component costs of workers’ compensations, both indemnity (wages)
    and medical have been steadily increasing, especially the cost of medical
    care, which continues to accelerate as a percentage of the overall cost
    of workers’ compensation
The response of the insurance companies to the above factors is to
become more selective on whom they will insure.  If insurers are willing
to provide workers’ compensation insurance, they do not want to incur
an underwriting loss to do so; hence the insurers raise their premiums
to a level where they anticipate they can make an acceptable level of profit.

Employers Need to Take Action to Control Their Premiums
Employers do not have to sit idly by while their workers’ compensation
insurance premiums continue to go higher and higher.  There are
several steps employers can take to put the brakes on the unrelenting
upward 
spiral of work comp costs. 
This includes:
  • Analyzing the risk financing strategy
    • Self insurance
    • High deductible program
    • Full coverage through a work comp insurer
      • Multi-year program
      • Negotiated fixed future price increases
  • Evaluating and reevaluating the risk management strategy
  • Improving the safety program
    • Analyzing and updating the safety program
      • Identifying the drivers of frequent accidents
      • Identifying the types of accidents that have
        high severity
      • Increasing enforcement of established safety
        procedures
      • Training of employees, supervisors and managers
        on how to be safe
      • Creating a culture of safety
      • Auditing safety compliance
  • Screening new hires to eliminate job candidates prone to injury
  • Claims management practices
    • Immediate reporting of accidents
    • Required or recommended medical providers
    • Frequent follow up with the injured employee by both
      the adjuster and the employer
    • Transitional duty programs
    • Medical management
Employers who take the above actions make themselves more
attractive to workers’ compensation insurers.  These steps reduce
the likelihood of accidents and the resulting workers’ compensation claims.
The workers’ compensation market will remain “hard” for employers
who make limited efforts to control the cost of their workers’
compensation claims.  The cost of workers’ compensation premiums
will not go up near as high for the employers who proactively manage
their workers’ compensation program.

Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk
Solutions, Inc. is an expert in employer communication systems and
part of the Amaxx team helping companies reduce their workers
compensation costs by 20% to 50%. He is a writer, speaker, and
website publisher.  www.reduceyourworkerscomp.com.  Contact:mstack@reduceyourworkerscomp.com.

©2013 Amaxx Risk Solutions, Inc. All rights reserved under
International Copyright Law.

Source: http://www.workerscompensation.com


Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

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