Volume
1
No. 1
02-14-2003
http://siennastaffing.com-
inside:
Editor’s Two Cents
We want to welcome you to the premiere issue of Adjusting World. About now you’re thinking, “Oh no, not another newsletter”, and being a pack rat myself by nature, I’ll be the first to admit I have a file full of newsletters coming from every segment of the industry.
Adjusting World, published by your friends at Sienna Staffing, was created for the insurance professional, and clients who realize that the post 9/11 insurance world will never be the same. Insurance is now connected at the hip to domestic and world issues that are beyond any one individual’s control, yet bound to affect each and every one of us.
Adjusting World is an enewsletter with a holistic approach to the ever-changing world of insurance. A world in which every loss or claim is potentially a precedence setting incident, where loss control is synonymous with mitigation, and where terrorism coverage is a fact of life. Where a hard market fuels increased premiums is often accompanied by decreased service, where protecting the consumer should be our first priority, and where many clients want to believe that insurance carriers are today’s domestic terrorists.
Each month read articles, commentaries and facts that will interest, and entertain. We believe that we are all a part of a community that is vital to the well being of our world, and we invite your comments and contributions.
Enjoy this premiere issue of Adjusting World, and if you would like to receive a free issue each month please sign-up. To say thank you, we will enter your name in a drawing for a chance to win two tickets on the Napa Valley Wine Train and other prizes.
Joe Aytch
Editor
Publisher’s Note:Joe Aytch, our Editor and inspiration for Adjusting World, suffered a heart attack prior to our newsletter going to press. We ask that you join with us in praying for his family and his recovery.
Andrea Collins
Sienna Staffing, Inc.
AB 749 for Dummies
 |
| Just like the big virus that threatened to shut
down the entire free world on 1/1/2000, Worker’s Compensation
has its own version looming large in 2003 with AB 749 in the guise
of about 58 legislative directives for carriers, employers and state
administrators. Since we plan to offer a more in depth review of the
bill by sections in the coming issues, we will only highlight the
laws in the assembly bill that have the greatest impact.
So if you didn't have time to go to any of the seminars in 2002, or your favorite attorney isn’t taking your calls because this is the 100th question you’ve ask about AB 749, sit back and review this Reader’s Digest version of the of AB 749 highlights. Don’t worry, we’ll provide source links at the end so you can read the whole bill. A year ago this month the state legislature and the Governor signed into law AB 749 to provide the first increase of workers’ compensation benefits to injured workers since 1996, as well as a few other bits of legislation. Some directives are new, but others are revisions of old laws designed to: “reduce costs for employers and to improve the efficiency of the worker’s compensation system.” |
State AdministratorsState administrators will be busy as the DWC, in conjunction with the Industrial Medical Council and the Commission on Health and Safety and Workers’ Compensation, will study issues related to medical treatment and quality. Findings will be due in 2004. The law also provides for the creation of a pharmaceutical fee and an outpatient surgery facility fee schedule. The most interesting of the administrative directives, is the new position of Trial Court System Manager, appointed by the Governor and the State Senate and who will “promote uniformity and expedition of judicial proceedings.” What impact, if any, this position will have on the speediness and effectiveness of the work comp system, will not be determined for some time. |
EmployersEmployers will see some relief for their costs associated with their return to work programs. The state Return to Work Fund will now allow a predetermined amount of funds for each injured worker participating in a return to work program. Uninsured employers will be on the Labor Commissioner’s hit list through a new program targeting repeat uninsured offenders. Look for enhanced enforcement and heavier penalty for the uninsured. Medical control will be easier to determine with the provision that employers must provide “a form that the employee may use as an optional method for notifying the employer of the name of the employee's "personal physician," as defined by Section 4600” The bad news for employers is the approval of increased premiums for policies with inceptions before 1/1/03. The increase reflects the cost of increased benefits provided by the law. Insurance CarriersCarriers will see a tightening of audit procedures, as well as scheduled audits every five years for all locations. Loss control programs will now work through an ombudsperson and no DIR certification will be required. AdjustersThe impact from AB 749 on adjusters will be in the revision of some key medical and rehabilitation laws, as well as benefit rates. Two of the biggest and most discussed changes are the treating physician’s presumption and settling of vocational rehabilitation. Looks like workers’ compensation circa 1994 with the presumption that the treating physician’s report is correct, is no longer valid, unless the physician was predesignated by the injured worker prior to the injury. Something that California Workers’ Compensation has never seen, is the revision of Vocation Rehabilitation, to allow employers and injured workers (who are represented by counsel) to settle any prospective rights to vocational rehabilitation services, but this will only apply to injuries that occur after 1/1/2003. All settlements must be submitted to the DWC Rehabilitation Unit for approval. Other directives require that injured workers who retain counsel after a panel QME report, and obtain an additional medical/legal evaluation report; entitles the defense to also obtain an additional report. On the issue of initial medical control, unless there is a predesignated personal physician, employees are required to go to an HCO (Health Care Organization). Mandatory treatment at an HCO is limited to 180 days and an HMO can act as HCO. Death benefits will not go to the state if no dependents are found. These benefits will now be paid to claimant’s estate. The time period for filing liens has been shortened and injured workers will not be liable for any “underlying obligation” if a lien is not filed in the allowable time period, but this rule will not apply if the lien claimant is the applicant. |
Click here for Highlights of AB749
Click here for the Full Assembly Bill
Andrea Collins
Sienna Staffing, Inc.
andrea@siennastaffing.com
www.siennastaffing.com
| Class of Benefits | 2002 | 2003 | 2004 | 2005 | 2006 |
|---|---|---|---|---|---|
| Temporary Disability | |||||
|
Minimum |
Actual Wages | $126 | $126 | $126 | $126 * |
|
Maximum |
$490 | $602 | $728 | $840 | $840 * |
| Permanent Disability Minimums | |||||
|
<15% |
$70 | $100 | $105 | $105 | $130 |
|
15-24.75 |
$70 | $100 | $105 | $105 | $130 |
|
25-69.75 |
$70 | $100 | $105 | $105 | $130 |
|
70-99.75 |
$70 | $100 | $105 | $105 | $130 |
| Permanent Disability Maximums | |||||
|
<15% |
$140 | $185 | $200 | $220 | $230 |
|
15-24.75 |
$160 | $185 | $200 | $220 | $230 |
|
25-69.75 |
$170 | $185 | $200 | $220 | $230 |
|
70-99.75 |
$230 | $230 | $250 | $270 | $270 |
| Weeks of Disability per 1% of PD Within Percentage Range | |||||
|
0-9.75 |
3 | 3 | 4 | 4 | 4 |
|
10-19.75 |
4 | 4 | 5 | 5 | 5 |
|
20-24.75 |
5 | 5 | 5 | 5 | 5 |
|
25-29.75 |
6 | 6 | 6 | 6 | 6 |
|
30-49.75 |
7 | 7 | 7 | 7 | 7 |
|
50-69.75 |
8 | 8 | 8 | 8 | 8 |
|
70-99.75 |
9 | 9 | 9 | 9 | 9 |
| Death Benefit Maximums | |||||
| Single total dependent | $125,000 | $125,000 | $125,000 | $125,000 | $250,000 |
| No total dependents and one or more partial dependents | $125,000 | $125,000 | $125,000 | $125,000 | $250,000 |
| Single total dependent and one or more partial dependents | $145,000 | $145,000 | $145,000 | $145,000 | $290,000 |
| Two total dependents | $145,000 | $145,000 | $145,000 | $145,000 | $290,000 |
| Three or more total dependents | $160,000 | $160,000 | $160,000 | $160,000 | $320,000 |
| Life Pension | |||||
| Weekly Wage to determine maximum life pension benefits | $257.69 | $257.69 | $257.69 | $257.69 | $515.38 |
*increased thereafter by the percentage increase in the State Average Weekly Wage [LC 4453 (a) (10)]
Weigh in:
Gen X supervising B Boom or help... I’m being supervised by a novice!
What to do when your supervisor has less experience than you. What to do when you’re managing a staff that has more experience.
Let us know if you are a supervisor (or manager) who has less experience than the people you manage or if you have a supervisor who has a lot less experience than you. We want to know what its like and how you cope.
We are featuring this topic in an upcoming issue, so give us some stuff.
Just email us, if you’re shy use an alias
Events Calendar
| February
2003 |
||
|---|---|---|
date/time |
event/location |
topic |
| Tuesday, February 18-21 Any questions |
PARMA
2003 |
Annual Risk
|
| Thursday,
February 20 |
DVICA
Luncheon |
Treating
the Speaker: |
| Thursday |
WIWC
Monthly Meeting |
Fraud |
| Friday,
February 28 |
SBICA |
AB 749 & Clean up Legislation Speaker: Bill Armstrong |
| Friday,
February 28th 2003 |
CMTA
Committee Meeting |
N/A |
| Friday 7:30AM - 9:00AM |
Breakfast & Briefs
Hosted by the 100 Golf Course Dr. |
Review of the |
| March
2003 |
||
date/time |
event/location |
topic |
| Thursday, March 20th 11:30am Registration RSVP by |
DVICA Luncheon Scott's Restaurant |
Kaiser Occupational Speaker: |
| Thursday, March 20th TBA |
WIWC Monthly Meeting TBA |
(TBA) Speaker: |
| Friday,
March 24 |
SBICA |
AB 749 & Rating Speaker: Luis Perez-Cordero |
Give me a break!
Escaping to serene, lush Hawaii on my honeymoon recently reminded me of the importance of taking real breaks from the stresses of our everyday work. After serious hiking in Kauai for nine days (every trail is straight up-and-down, rocky or slippery, and very hard to walk on), I felt stronger and rejuvenated. Since returning, I've been wondering how to help my clients and their employees experience this same sense of well-being.
So, I searched medical journals for the latest recommendations on breaks and found a consistent theme: taking short breaks away from a computer workstation hourly, not only helps relieve musculoskeletal and eye strain, but one study showed that it actually increased productivity. I hope the summary that follows helps you find ways to recharge and refresh, too.
More breaks improve work
Not long ago, ergonomic experts were advising that computer users take microbreaks of one or 2 minutes as often as every 10 minutes throughout the day. Surprise, surprise, it turns out that people found that downright distracting! The most recent research results counters that recommendation about short, frequent breaks, yet confirms that extra breaks can prevent or alleviate symptoms of Carpal Tunnel Syndrome (CTS), Repetitive Strain Injury (RSI) and eyestrain. Plus, these studies show that more breaks make workers more productive.
A report from the National Institute for Occupational Safety and Health (NIOSH) and the IRS (Galinsky et al.), concluded that taking a total of 50 minutes of break time each day helped prevent or alleviate both musculoskeletal discomfort and eyestrain. (Those 50 minutes include the two 15-minute breaks required by law for anyone working an 8-hour shift.) Another investigation (McLean et al.) found that, "Microbreaks had a positive effect on reducing discomfort in all areas studied during computer terminal work, particularly when breaks were taken at 20-minute intervals."
Researchers who conducted a different NIOSH study (Dababneh et al.) comparing the benefits of taking either 12 three-minute or 4 nine-minute breaks. They found that, "Neither of the two experimental rest break schedules had a negative effect on production, and the nine-minute break schedule improved discomfort ratings for the lower extremities."
So the basic conclusion is this: By allowing your employees to take more breaks, you can avoid potential problems and actually increase their alertness, job satisfaction and productivity.
Deidre Rogers, RN, CAE
President of Ergovera Ergonomic Consulting
www.ergovera.com
drogers@ergovera.com
References
Dababneh, A. J., Swanson, N., & Shell, R. L. (2001).
Impact of added rest breaks on the productivity and well-being of workers.
Ergonomics, 44(2), 164-174.
Galinsky, T. L., Swanson, N. G., Sauter, S. L., Hurrell, J. J., & Schleifer, L. M. (2000). A field study of supplementary rest breaks for data-entry operators. Ergonomics, 43(5), 622-638.
McLean, L., Tingley, M., Scott, R. N., & Rickards, J. (2001). Computer
terminal work and the benefit of microbreaks. Applied Ergonomics, 32(3),
225- 237.
Tips on dealing with office romance
by Joan Lloyd. Joan Lloyd is a management consultant, executive coach, workshop trainer and professional speaker. www.JoanLloyd.com, (800) 348-1944.
Cupid has appeared on the corporate scene, and nobody knows exactly what to do about him.
Years ago, it was more clear-cut. When a corporate romance bloomed, the woman was usually forced to quit.
Valentine's Day, finds us in a new environment. As more women enter upper management ranks, corporate romance is occurring between people in positions of authority. read the entire article here...
What’s your news of the weird?
Tell us your strangest case and you might win a gift certificate for a latte at Starbucks, if we use it. Please do not use real names of claimants, insureds or carriers.
Last Laugh
