Here`s - Midwest Builders` Casualty
Transcription
Here`s - Midwest Builders` Casualty
WORKers’ Compensation ReFORM: Kansas passes Much needed change p. 4 There has been a lot of recent activity in both the Kansas and Missouri state governments relating to workers’ compensation. The Kansas House and Senate recently unanimously passed workers’ compensation reform efforts, which were supported by both business and labor groups. There are some very positive components to this bill for both employers and injured employees but now we must wait and see how the courts choose to interpret the new language. Unfortunately, no solution was reached regarding the Missouri Second Injury Fund and its ability to remain solvent. Nor did the legislature provide the much-needed clarification on the Robinson vs. Hooker decision, which involves an injured employee’s ability to file suit against a co-employee for their role in causing an accident. This recent court decision brings into question the sole remedy premise behind the workers’ compensation system. However, I am pleased to report that with the help of Missouri Senator Scott T. Rupp (D-02), Representative Chris Molendorp (R-123) and Representative Jerry Nolte (R-033) legislation was successfully passed that will benefit Midwest Builders’ Casualty going forward as it relates to insurance premium taxes. The National Council on Compensation Insurance (NCCI) recently released its 2010 State of the Line report, describing the current workers’ compensation market as ―deteriorating.‖ They noted an increasing list of issues facing the market including poor underwriting results, declining premiums, increased claim frequency and rising medical costs. Workers’ compensation prices have continued to drift downward in most states, however, the NCCI anticipates filing increases with several states later this year and into 2012. While the industry may be feeling the effects of the recent market cycle, we are pleased to report that our A.M. Best Rating of A- (Excellent) has been reaffirmed and we remain well capitalized with a premium to surplus ratio better than 2-to-1. Our Kansas and Missouri rates have decreased, 20% on average since January 1, 2007 and during this same period, $9.5 million in dividends has been returned to qualifying members. Our goal remains the same today as when we began business in 1983 – to provide the construction industry with stable pricing for workers’ compensation insurance while allowing for the consistent return of dividends to our members who share in our commitment to risk management. We continue to work on expanding our coverage territory and are pleased to report the completion of the necessary licenses to begin providing coverage in the state of Iowa. Additionally, we have applications for license pending in the states of Colorado and New Mexico that we hope to complete later this year. I would like to take this opportunity to thank all our members, agents and business partners for their continued support. We look forward to servicing your workers’ compensation needs, both now and into the future. As we patiently wait for an improving economic climate, I wish you all a safe and enjoyable summer. Regards, John Crowley, President Tom Wilson Pearce Construction Kansas City, Missouri Tom Wilson has been a carpenter and superintendent with Pearce Construction for nine years and has taken an active part in his company’s safety program. Tom was observed working near the edge of the atrium roof on a jobsite in Kansas City, Missouri wearing a body harness attached to a retractable lifeline. In addition to the harness, Tom is wearing the appropriate personal protective equipment (PPE), hard hat, safety glasses, gloves, and boots. On the roof level above Tom, you can see a guardrail system that was designed and installed by Pearce Construction that provides fall protection for all employees working on Tom Wilson Pearce Construction the roof. The Superintendent for this project is David Gray. With the support of management and with leadership in the field from employees like Tom Wilson, successful loss prevention results can be fully realized. Midwest Builders’ Casualty appreciates Tom’s dedication to safety. Updated Website Allows for Paperless Reporting Midwest Builders’ Casualty recently updated its company website at www.mwbc.com to better serve our members and their agents. The newly redesigned website provides additional features and improved functionality making it easier for members and agents to locate and use data and services. Some of the enhancements include online access to safety tools, premium and loss reports as well as a locator map of authorized medical facilities. Other additional reports also exist to help members better manage their workers’ compensation insurance coverage. Members currently utilize the website to submit first reports of injury and calculate monthly premiums; and now we are pleased to include electronic access to the monthly loss reports to these online services. In an effort to reduce paper, Midwest Builders’ Casualty will discontinue the service of mailing the monthly loss reports to our members beginning October 1, 2011. These reports are currently accessible via our website. Reports accessed online can be printed or saved electronically. In addition, reports are now consolidated for those members previously insured under the Builders’ Association Self-Insurers’ Fund and now currently insured under Midwest Builders’ Casualty. There is also an option allowing users to view only the ten most recent years of loss data. We invite you to take time to tour the redesigned website and explore all the new options and information now available online. Members are encouraged to create their unique user accounts online at www.mwbc.com and to become familiar with the features of the new website before we discontinue mailing the monthly loss reports on October 1, 2011. If you have any questions about this change, or need help creating your user account, please contact us. Workers’ Compensation Reform KANSAS PASSES MUCH NEEDED CHANGE Recently, the Kansas Legislature unanimously passed Substitute for House Bill no. 2134, which proposed significant changes in the Kansas Workers’ Compensation Statutes. The reform bill, which was supported by labor and business groups alike, was signed by Kansas Governor Sam Brownback on April 18, 2011. The changes include ―fixes‖ to several key items such as the modification of work disability entitlement following the Bergstrom decision, the aggravation of pre-existing conditions and the inclusion of safety and drug/alcohol forfeiture language. These changes take effect for all accidents occurring on or after May 15, 2011. Defense attorney Todd Cowell of the Cowell Law Firm, advised that, ―At the outset, a preamble has been inserted limiting the application of liberal construction on behalf of employees. Once the parties are within the Act all provisions are to be applied impartially to both parties. This change is designed to lift the requirement that judges automatically give employees the benefit of the doubt on disputed issues.‖ The definition of accident was modified to require an identifiable time and place of occurrence and to produce symptoms of an injury at that time. In addition, the injury must occur during a single work shift and shall not include repetitive trauma which is later defined. The accident k must represent an increased risk or hazard to which the employee would not have been exposed in normal non-employment life. Under the amendments an injured worker is not entitled to work disability benefits unless the worker sustains a 7.5% whole body impairment. In addition, the formula used to calculate the wage and task loss has changed. Task loss will now be calculated based on the injured workers’ five year work history instead of 15 years. Wage loss will now equal the amount an employee is capable of earning following an accident rather than the amount the employee is actually earning “ This law is an important and overdue updating of Kansas’ workers’ compensation act, last amended in… 1993.” post injury. Any wage loss due to the voluntary resignation or termination for cause shall not be construed to be caused by the injury. Todd Cowell added, ―These changes are designed to abrogate the Bergstrom decision which allows workers to avoid post-injury employment and collect large work disability awards. They do not eliminate work disability per se, but may limit many awards to functional impairment.‖ The statutory changes include a bar on compensation where an employee willfully fails to use safety devices or protection which was provided by the employer. However, this will not apply if the employee can prove it was reasonable under the complete circumstances to not use the equipment or if the employer approved that the work be performed without the safety equipment. Any injury resulting from an employee’s voluntary participation in fighting or horseplay with a co-employee for any reason, work related or not, will be barred from compensation. If an injured worker tests sufficiently posi- “ Case law impeding sound disability management has now been overturned and employers’ obligations better defined, while benefits have been improved. It represents a good compromise. ” tive for drugs or alcohol at the time of the injury then it shall be presumed that the drug/alcohol impairment contributed to the accident. However if the injured employee can prove by clear and convincing evidence that the intoxication did not contribute to the accident, then benefits are awarded. An employee’s refusal to submit to testing at the employer’s request will result in forfeiture of all benefits if the employer’s written policy clearly authorizes post-injury testing. In addition to the above changes the new statute defines that the entitlement for medical treatment ends at the point of maximum medical improvement unless the employee can prove by way of medical evidence that future medical care is required. If future medical remains open per conditions of an award and the employee does not require medical treatment for two years from the date of an award then the employer can apply for termination of future medical benefits. Bruce Wood, American Insurance Association (AIA) Associate General Counsel “ … all provisions are to be applied impartially to both parties. This change is designed to lift the requirement that judges automatically give employees the benefit of the doubt on disputed issues. ” and Director, Workers’ Compensation, applauded the new bill. ―The reforms contained within this bill represent hard fought compromise that will be beneficial to Kansas’ workers’ compensation system.‖ He also stated, ―This law is an important and overdue updating of Kansas’ workers’ compensation act, last amended in any significant way in 1993.‖ There were also statutory increases on death benefits, permanent total benefits, permanent partial benefits and functional impairment benefits. Cases involving bilateral injuries to both upper and/or lower extremities will be deemed body as a whole impairments and entitle the injured employee to work disability benefits. Unfortunately, across the state line in Missouri, much needed reform failed to bear fruit. Issues surrounding the financially fledgling Second Injury Fund were not addressed leaving skepticism and doubt about the Fund’s future and concerns regarding its current and pending awards. Additionally, matters arising from the Robinson vs. Hooker decision, which allows co-employee law suits, remain in limbo as no clarification was given regarding the court’s decision. In Kansas, some remain guardedly optimistic, sharing concerns that through the course of litigation the intent of the reform will be diluted. However, Substitute for House Bill no. 2134 certainly sends a loud message that particular areas were long overdue for reform and many are hopeful the message is heard by all involved in the judicial process. ―Case law impeding sound disability management has now been overturned and employers’ obligations better defined, while benefits have been improved,‖ said Wood. ―It represents a good compromise.‖ Which Path Would You Take? work. David still complains about back pain and independently elects to visit a local chiropractor for additional treatment. David Smith is a long-time employee of Jones Construction. David is 60 years old and both a loyal and hard worker with over 30 years of work experience. In 2010, David suffered a work-related injury that resulted in surgery and a back fusion. Recently, he has been released from medical care, and is preparing to return to Jones Construction is glad to welcome David back to work. But, given his prior medical history, what is the best course of action? Are there consequences for returning David to work in his prior position? What are the consequences of the physical labor required for the job? He has already suffered one injury, what might be the probability or impact of another? What would you do? Crisis Management Planning Recent outbreaks of severe weather across the Midwest have taken many by surprise; in some areas people have been seriously injured or killed. These outbreaks often occur with little warning. With this in mind, please take some time to review your company’s risk management programs and ensure that emergency procedures are in place to address manmade and natural disasters. A disaster might accurately describe a company without a properly designed crisis management program. If an emergency occurs at your company, do you have a plan of action that enables you to respond appropriately and as quickly as possible? Does the plan treat all parties involved, such as the public, family members, co-workers, and witnesses properly and respectfully? Is there any individual designated and trained to address the media and provide an image that best reflects the company’s commitment to safety & health? You don’t want to be misrepresented in the media as uncaring, unprepared, or unable to control the situation. You don’t want any of these assumptions to be true. scenario. Once the programs are developed, it is paramount to train all employees and ensure that they are well-rehearsed in the emergency plan procedures. Some of the key elements of a crisis management program include the following: - Identification of Hazards and Risks - Preparation - Emergency Action Plan - Response Recovery Because a crisis situation may affect numerous people and businesses in a wide variety, a committee needs to be involved in developing a comprehensive crisis management program. A committee provides multiple perspectives and offers solutions to address concerns from every aspect of a crisis If you would like to receive a written crisis management program, or need additional onsite assistance, please contact Midwest Builders’ Casualty loss control services. 2011 Risk Management Conference Midwest Builders’ Casualty held its Risk Management Conference at Harrah’s Casino in North Kansas City, Missouri on January 28, 2011. Attendees enjoyed entertaining and informative presentations covering a wide range of risk management topics. Over 100 people attended the conference and afterwards enjoyed a complimentary reception. This year’s conference specifically addressed issues regarding workforce deployment, claims reserves for older employees and the hiring practices aspects of risk management. “It is an excellent opportunity to learn the latest news in Workers’ Compensation.” Mr. Jim Leach, Sales Manager at American Rigger’s Supply, kicked off the conference with the first in a series of guest speaker presentations. Mr. Leach emphasized rigging safety and additional aspects of onsite safety applicable to all attendees. Mr. Jim Weeks, COO, ARC, spoke about one of our keynote topics, Hiring Practices in the workplace. Finally, Mr. Dennis Burks, CSP, PE, gave an interactive presentation entitled, The Magic of Safety, offering safety advice through audience participation. Mindy Yancey, Vice President/Claims Director for Midwest Builders’ Casualty, also gave a special presentation regarding the cost of claims and claims management of older employees. “As always the conference was informative, had a great atmosphere and I enjoyed the camaraderie!” Craig Davis, Safety and Quality Control Director for Doherty Steel, stated, ―I’ve been attending the conference since about 2000. It is an excellent opportunity to learn the latest news in Workers’ Compensation. It is also an excellent opportunity to meet and visit with Midwest Builders’ Casualty’s staff in person rather than via phone or e-mail.‖ Our hope is that members learn more about risk management and have some fun as well. The staff of Midwest Builders’ Casualty would like to thank the conference presenters and all the members who attended and helped to make this conference a success. Mr. Larry Eilenstine, Risk Manager for Musselman & Hall Contractors summed up the experience, ―As always the conference was informative, had a great atmosphere and I enjoyed the camaraderie!‖ 2011 Risk Management Conference Harrah’s Casino, North Kansas City Mr. Dennis Burks, csp, pe Guest Speaker We were also pleased to award several door prizes, including a flat screen television and plaza gift certificates. Midwest Builders’ Casualty is proud to host the Risk Management Conference every other year. We are already preparing for our next scheduled event in January 2013. We hope this year’s attendees will return for our next conference and we invite anyone who has not participated to join us. Mr. Jim leach American Rigger’s Supply Post Offer Employment Testing: Reduce the Risk of HiringYour Next Work Comp Injury By Leslie Borden, Athletic & Rehabilitation Center (ARC) If you have ever considered instituting post offer employment testing at your company, now is the time to act. Why now? As we rebound from this economic recession and employers begin to hire again, consider the number of employee candidates that have been unemployed and without health insurance coverage for the past several months. Are you willing to take a chance that they are capable of doing the job you need them to do? Are you sure that they are in good physical condition to meet your job demands? Or could the opposite be true? Could they have been employed at odd jobs trying to make ends meet and working through injuries waiting to get back on an insurance program before addressing their physical concerns? The Statistics Speak for Themselves According to the Centers for Disease Control, 10% of American workers are not physically capable of performing the essential functions of their job safely. The National Institute for Occupational Safety and Health (NIOSH) reports that back injuries account for 50% of all workers’ compensation claims, costing nearly $20 billion per year. The US Department of Labor notes that in 2004, 33.4% of all injuries were to employees with less than one year of service with their employer. Startling figures, however, you can counter these statistics by implementing a post offer functional employment test that is proven to reduce injuries, reduce the cost of claims, reduce employee turnover and provide you with employees physically capable of completing all of the essential functions of your job at the time of hire. There are some upfront costs but, the benefits and return on investment of the testing program far outweigh the initial fees. In fact, a solid testing program will more than pay for itself in over a year’s time. How to Implement Post Offer Employment Testing (POET) Here’s what you need to know. Post offer employment testing is legal. It is legal to deny employment to a candidate who is not physically able to do your job. How do you determine the physical requirements of your job? The job analysis! It is the foundation to developing an ―individualized test‖ per the EEOC and ADA. Components of the job analysis include onsite data collection, report development, validation and regular reviews. It is best performed by a third party or outside vendor to ensure that it is an objective report of the essential functions of your job. Data collection includes the heights and weights required to do the physical components of the job. The data also includes frequencies and distances, as well as forces required to grip, pinch, push, and pull. It reviews postures required in the work place and provides a detailed description of the physical demands of the job. The job analysis is the key to employment testing and provides the legal foundation for functional employment testing. Now for the exciting part – testing! The EEOC states that employers can deny employment when a candidate cannot perform the essential functions of the job and/or is in direct threat of harm to self or others (EEOC TAM 4.4). In my opinion, the best way to determine whether or not an individual can do a job is to simulate that job as part of your functional employment test. If a worker has to shovel asphalt into or out of a dump truck bed, then let’s simulate those exact motions and weights as part of the test. And how do we know that this is part of the job requirements? Right, a job analysis details the exact height of the dump truck bed and the average weight of the asphalt and the 33.4% of all injuries were to employees with less than one year of service with their employer. - US Department of Labor shovel. That’s just one part of the test. There should be three to five of the heaviest job functions simulated as part of the test to determine a capable or not capable result. It is important to note that a medical provider is making that determination. A medical provider should be your partner helping you administer and evaluate the test. Let’s consider some concerns that the date is not capable of meeting the qualifymedical provider completing the testing ing lift weight levels then we simply stop might have. First and foremost, medical the test, excuse the candidate, and report providers do back to the The job analysis is the key to employment not want to employer that testing and provides the legal foundation put anyone in the candidate harm’s way, was not for post offer employment testing. so additional capable of components of the testing process include meeting the essential functions of the job. a thorough medical questionnaire to At the conclusion of the test, we deliver rule out any medical conditions that might reports to the employer. contraindicate safe completion of a physiVoila! You now have a safe and capable cally demanding test. Some of these inemployee able to accept the position and clude high blood pressure, surgery in the begin working. Post offer employment last six months, pregnancy or unreleased testing provides legal protection to emmedical restrictions. ployers by helping you make objective A thorough musculoskeletal exam follows the medical questionnaire to determine a baseline of function. This includes objective range of motion and strength measurements that are recorded in the event of injury after employment. Now we are getting close to doing some actual physical testing, but prior to having a candidate lift the 80 pound bag of concrete that is required for your job, we want to make sure that they are safe to lift that amount. We determine safe lifting amounts using qualifying lifts with a box and weights. I’m sure we would all agree that it is much easier to lift a box weighing 80 pounds than it is to lift a bag of concrete, so let’s ―qualify‖ the lifting first before we move on to the actual job simulation test of the concrete bag. We can continue on with the job simulation as the next part of the test, or if the employee candi- hiring decisions. Testing is affordable and provides a measurable return on your investment by reducing the risk of hiring your next work comp injury, decreasing your turnover rate and hiring the right people for your job. Post offer functional employment testing is simply the right thing to do to eliminate any bias or ambiguity in your hiring decision making. Get started today. Midwest Builders’ Casualty is pleased to feature Leslie Borden as our guest author for the current issue. Our working partners often provide us the insight and information we require to provide our members the best level of care and service. It is our intent to feature a guest columnist in every issue to share unique perspectives and knowledge based on their industry and expertise. Leslie Borden is a Certified Athletic Trainer with over 20 years experience working in outpatient physical therapy clinics and work conditioning programs. She started with ARC in 2004 and is currently the Employer Resource Manager. ARC, a healthy workforce company, was the 2010 Kansas City Chamber of Commerce Small Business of the Year and a 2011 Kansas City Business Journal Champions of Business award winner. They specialize in workers’ comp physical therapy, hand therapy and work conditioning programs. ARC also offers job analysis and post offer functional employment testing and injury management programs for employers. Choosing The Best Path In our scenario, David Smith is an older employee, a value to the company, who has suffered a work-related injury. After release from medical care, he is preparing to return to work. His employer, Jones Construction, must decide how best to welcome David back to his job. If Jones Construction places David in his former position, David may risk a repeated injury. A second injury may be severe. It may result in a lengthy and expensive claim. The employer has options to prevent this scenario, what is the right direction to take? While older and previously injured employees may be able to perform their job duties, they may be working closer to their maximum level. How does Jones Construction know that David is prepared for the demands of his job? Jones Construction should submit David to a Fit for Duty test, which is one way to ensure that employees are qualified to meet job requirements. Fit for Duty testing is an objective measure of an employee’s skills and physical limits. These evaluations provide baseline assessments needed to make adjustments to work stations and work patterns to keep employees as safe as possible. options are beneficial to your employees and the company as a whole. Reassessing job duties will help keep your employees safe and may allow you to utilize the experience of your employees in new ways. Midwest Builders’ Casualty is committed to keeping you on the right path even after a claim is resolved. We recognize business continuity after an injury requires its own attention. We have taken a complete assessment of this and similar scenarios to create a Workforce Deployment Packet. It has been designed to help employers address the issues concerning personnel assignment and to actively prevent work comp claims. Long-term workers are an asset to the work place, providing knowledge and expertise. To retain the value these employees provide to your company, consider promoting them to a supervisory position or teaming them with newer employees to serve as mentors. Both We also partner with medical facilities throughout Missouri and Kansas that provide Fit for Duty testing. Please contact us to request a packet and for a list of clinics performing Fit for Duty testing in your area. Announcing a New Awards Program For almost twenty years, Midwest Builders’ Casualty has acknowledged members who have shown exemplary risk management efforts by presenting a monthly Loss Prevention/Loss Control Award or a Grand Award. These awards were given to members who actively focused on managing the inherent risks involved in their line of work and, as a result, have had good loss experience. Beginning with the 2011 policy year, Midwest Builders’ Casualty will take a different approach to recognizing our members’ commitment to risk management. The current awards program is being restructured to create multiple categories that distinguish large and small volume members allowing for the recognition of a variety of efforts that result in the same success. Upon the completion of the policy year, Midwest Builders Casualty will recognize these member categories based on annual premiums. The ―Large Account‖ category will comprise members having greater than $50,000 in annual premiums and the ―Small Account‖ category will comprise members having less than $50,000 in annual premiums. Beginning 2012, selected recipients will be recognized in April each year. In place of our former awards, three new awards will be presented annually: Best Overall Safety Program, Higher Standards Award and Most Innovative Safety Program. The Best Overall Safety Program award will be given to a member who has demonstrated consistent and effective risk management standards, safety programs, hiring practic- es and loss experience over the course of several years. The Higher Standards Award will be presented to a member who has implemented additional programs above and beyond those required by Midwest Builders’ Casualty. Finally, the Most Innovative Safety Program will recognize a member who has incorporated creative and effective concepts into their overall safety program. By recognizing the unique and creative ways in which members approach risk management, Midwest Builders’ Casualty is better able to help foster new ideas and provide improvements to our members’ safety programs. We know all our members benefit from a strong commitment to risk management. Loss Prevention/Loss Control Award L&R Industries in Cabool, Missouri is the recipient of our March 2011 Loss Prevention/Loss Control Award. The award was presented to Doug Jones, Vice President and co-owner and to Debbie Gray, Human Resources Manager. programs for their employees. Debbie Gray emphasized that their employees are very valuable to their company — one of their biggest assets. They do what they can to invest in them. L&R Industries is a steel construction, manufacturing and fabrication company that makes their safety programs a top priority. ―It’s a group effort. Our employees are committed to safety and take on that responsibility along with the company,‖ says Debbie Gray. L&R Industries provides its employees with regulatory training through monthly safety meetings to stay current on changes in the industry. This training promotes safety through incentive and recognition programs for their employees. Debbie Grand Award We are pleased to announce our Grand Award winner, Mr. Adam Endicott, President and C.E.O. founder of Unique Metal Fabrications, Inc. established 1983 in Pittsburg, Kansas. Adam believes in using a daily ―hands-on‖ management style. Adam is present on the production floor to communicate his expectations of safety directly to his crew members working in various departments inside his 125,000 square foot facility. Unique Metal Fabrications’ safety success is directly related to Adam’s attention to detail and the expectations he sets. The company conducts weekly safety meetings and once a month, an outside safety consultant is invited to conduct a safety meeting to assist with identifying hazards that may exist in the shop. Unique Metal Fabrications’ crews have assumed personal responsibility for their safety program, and this is the main reason for their success with safety and health. When visiting their shop, you rarely, if ever, witness an employee performing an unsafe act. One trademark of the shop is its Good Housekeeping practices. Day in and day out, the shop floor and work areas are kept neat and clean. This is only one example of the positive employee responses to Adam’s direct involvement with the daily processes at Unique Metal Fabrications, Inc. We wish him good luck on his continued efforts and offer our congratulations on his current success. We are proud to recognize their efforts. Congratulations to Doug Jones and Debbie Gray. Information & Updates Our new after-hours emergency claim reporting phone line has been activated; our old pager number has been retired. Please advise your employees to call (816) 922-9915 in the event of any serious accident which occurs outside of our office hours of 7:45 a.m. – 4:15 p.m. or on weekends and holidays. Remember, you must contact us immediately in the event of any accident in which an injury requires a call to 911 and/or emergency room treatment. We have created wallet-sized reporting guideline cards for your employees that contain our contact information as well as a quick reference guide to reporting an accident. If you are in need of additional cards, or have not yet received your cards, please contact Midwest Builders’ Casualty. Also, industrial clinic cards have been updated. The updated cards include clinics in Arkansas, Iowa, Nebraska, and Oklahoma. We will be happy to mail copies upon request or you can locate this information on our website at www.mwbc.com, which is continually updated for changes.