auto insurance in Michigan: 2012

วันพุธที่ 22 กุมภาพันธ์ พ.ศ. 2555

Drunk Kicks, Punches and Urinates on $40 Million Painting (Daily Mail)

-- Related Coverage EU Demand for Road Map to Climate Treaty Complicates Talks (Bloomberg Businessweek) (11/28/11) Supreme Court to Decide Whether Lawsuits Require Harm (Yahoo! News) (11/28/11) Merck Pleads Guilty, Agrees to Pay $950 Million in Vioxx Case (Forbes) (11/28/11) GM to Offer Free Loaner Cars to Volt Owners During Safety Probe (Chicago Tribune) (11/28/11) Oklahoma Gets String of Mild Earthquakes (New York Times) (11/28/11) --

January 9, 2012

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วันอังคารที่ 21 กุมภาพันธ์ พ.ศ. 2555

California regulators announce rule changes to encourage electronic filing

More claims administrators, representatives, lien claimants, and self-insured employers are now able to switch from paper to electronic filing.

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Prescription Pill Addicts Pose Violence Risk to Pharmacies (New York Times)

January 9, 2012

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New OSHA page targets winter storm-related injuries

About 70 percent of injuries during winter storms are caused by motor vehicle accidents, according OSHA. The rest result from being caught out in a storm.

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วันจันทร์ที่ 20 กุมภาพันธ์ พ.ศ. 2555

People on the Move: Brokers (Jan. 10, 2012)

Willis North America announced the appointment of FRANK CASTRO as Health Care Practice Leader. Castro has been serving as Senior Vice President of Willis North America National Health Care Practice since 2007.

Castro assumes the position previously held by MARY BOTKIN who retired in November 2011. In this role, Castro will lead a team of more than 150 healthcare insurance professionals to drive growth across the platform. He will work closely with Willis North America's regional retail offices to align resources and deliver industry leading solutions and service to more than 6,000 Willis healthcare clients.

Related Coverage Target Markets Survey Shines Light on Programs Coverage (11/02/11) Lighter Headwinds Buffet Brokers in Third Quarter (11/03/11) Honoring Worker Safety and Injury Prevention (11/01/11) 12 Executives to Watch in 2012 (12/01/11) Consumed With Risk (12/01/11) Based in Los Angeles, Castro joined Willis in 2006 and brings more than 18 years of experience in the professional liability and specialty lines business. Previously, he co-led Willis' Managed Care practice, establishing Willis as a leader in this sector through a variety of thought leadership events including Willis' Annual Managed Care Forum.

Eric Joost, Chief Executive, Willis North America Specialties said: "Frank's strong track record and outstanding client focus will ensure we continue to build on the success of the Willis Health Care Practice. Willis' health care practice professionals truly understand their clients' needs and industries and stand ready to deliver the best solutions and services to all of our clients."

EILEEN CONLON has been appointed Managing Director at Beecher Carlson. She will be primarily responsible for the development and management of healthcare accounts by leveraging her extensive knowledge base coupled with Beecher Carlson?s healthcare resources. She will also work with other complex property and casualty clients such as commercial real estate owners.

Eileen will operate from Beecher Carlson?s Miami office. She brings more than 20 years of insurance industry experience to her new role. Most recently, she served as Managing Director with Willis after its acquisition of HRH of Florida Inc. in 2008. Prior to Willis, she was the President of South Florida operations for HRH where she was responsible for leading business strategy, strategic marketing and sales management.

Frank McKenna, Executive Managing Director said: ?We could not be more pleased to be bringing talent like Eileen into the organization. She has a proven track record of advocating on behalf of her clients and exceeding their expectations. We are excited to have Eileen join our team.?

TODD E. CUSANO has joined Business Risk Partners?a managing general agency focused on specialty commercial insurance?as the Underwriting Manager for Professional Liability. From 2007 to 2011, Cusano served as an Assistant Vice President for Allied World Assurance Company/Darwin National Assurance Company where he built and managed a $50 million professional liability program for lawyers underwritten on admitted and surplus lines paper. Previous to that, he spent four years with The Hartford as an Executive Underwriter and Claims Consultant.

Cusano began his career practicing law with Hartford-based law firm Updike, Kelly and Spellacy. He returned briefly to the firm this year working in commercial litigation and professional liability before joining Business Risk Partners.

While in his early thirties, Cusano served as one of the youngest mayors in the state of Connecticut for the town of Rocky Hill.

January 10, 2012

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The Small Claims Approach

A California woman's approach to suing Honda in small claims court for allegedly failing to produce the advertised gas mileage for her 2006 Honda Civic has been reported by the mainstream media as an unusual turn.

Related Coverage Batch Clauses and the Fine Print of Products Liability (11/01/11) Legal Fight Over Deepwater Horizon Fault Heating Up (Wall Street Journal) (11/03/11) Excess Tax Sharing Angst Alive, Kicking (11/01/11) The Right to Maximize Property Insurance Coverage (11/15/11) Renewing an Alternative (11/01/11) But it's really not, said Jeff Weil, the Philadelphia-based chairman of the litigation department for law firm Cozen O'Connor. He should know. Much earlier in his career he personally defended auto manufacturers on several occasions in small-claims court.

"I did a lot of cases in small claims court in Pennsylvania and I assume California is not that different," Weil said.

Should Honda Civic owner Heather Peters be successful in her action against the auto maker in small claims court in Torrance, Calif., home to American Honda Motor Company's West Coast headquarters, she could trigger some exposure for Honda's insurance carriers.

Small claims courts are places where plaintiffs bringing cases without the assistance of attorneys have a good chance of getting favorable treatment, Weil said.

"My experience clearly tells me that that forum is a plaintiff-friendly forum often-times," said Weil, "and, in fact, most often the plaintiff does not have a lawyer and the court almost bends over backward to assist the complainant to make their claim."

In published comments, Peters, a trained attorney who does not carry an active bar card, said her case could eventually lead to claims totaling as much as $2 billion against Honda, that is if every owner of the 200,000 or so cars in her class of Civic model file an action, be successful and get paid at the award-cap of $10,000.

That may be wishful thinking. To date, the number of 2006 Honda Civic owners following her lead could be closer to 500, according to published reports.

In a statement, the company said that it offered to inspect her vehicle and work with her on the findings, but those offers were rejected. Peters called that claim ?absolutely false,? according to a news report.

For insurers, the small-claims court approach has good and bad aspects to it. Insurers and their insureds well know that defense costs can burn through substantial layers of insurance coverage. Forsaking attorneys in small claims actions means no legal costs to speak of. But, Weil and other experts quoted on the topic, said the chances of the plaintiff winning are higher.

Class-action lawsuits with large settlements against businesses and other defendants frequently result in steep payments for attorneys, and many times the unnamed plaintiffs in the case see very little, Weil said.

Peters' approach is really just another piece of a cycle during which claimants in some periods see class actions as their best chance at getting justice. "To tell you the truth," said Weil, "these things kind of go in waves."

January 10, 2012

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People on the Move: Insurance (Jan. 10, 2012)

MARK BOLAND has been appointed to lead Endurance's U.S. wholesale primary casualty insurance operations. Boland joined Endurance in 2007 and successfully built a property and casualty portfolio focused on hard to place small to mid-size complex risks, working through a network of surplus lines agents. Boland has 30 years of experience in commercial lines underwriting and, more recently, in senior management roles. He will be located in New York.

Prior to joining Endurance, Boland served as President of Coventry Managers, a commercial property and casualty carrier. From 1996 through 2005, he was President and CEO of Hermitage Insurance Company, a commercial lines subsidiary of Tower Group, Inc. Mr. Boland's prior experience includes several underwriting positions.

Steven Dresner, Head of Endurance's Specialty Operations for U.S. Wholesale Insurance said, "Based on Mark's wealth of experience and his success over the last few years at Endurance, I am confident that under his guidance our expanded primary casualty team will make a significant mark in this space despite the challenging environment."

Zurich announced today the appointment of MARK SHERIDAN as Chief Operations Officer Global Life. In this role, Sheridan will develop and execute the Global Life Operations and IT strategy, managing all aspects of operational delivery.

Since 2008, Mr. Sheridan has been the Group IT Key Account Executive to Global Life, ensuring the delivery of the IT elements of the Global Life strategy. He spent many years in the U.K. leading several IT platform integration projects across the Eagle Star, Allied Dunbar and Zurich IT portfolio. Sheridan joined Eagle Star as an IT developer in 1984.

JAY LEFKOWITZ has been named to the newly created position as head of U.S. Risk Management North America Primary Casualty group at XL Group. Lefkowitz is based in New York and will direct the group's U.S. Risk Management team which provides auto liability, general liability and workers' compensation coverage to US-based businesses.

Lefkowitz joins XL from ACE Risk Management where he most recently served as President of National Accounts, managing all aspects of underwriting, claims, audits and adjustment, staffing, account retention and production. Prior to joining ACE in 1999, he was Vice President of AIG's Risk Management group where he formed the company's M&A group which was a multi-line insurance products group catering to Private Equity firms and their portfolio companies. His 20-plus-year insurance career also includes underwriting positions with CNA, Atlantic Mutual and Home Insurance Company.

Ken Riegler, the recently appointed President of XL's North America Primary Casualty group said, "XL continues to attract and retain some of our industry's most experienced professionals. With a seasoned team and leaders like Jay, we're well equipped with a superior level of knowledge and underwriting skill to deliver quality coverage and services to our diverse client base. Together we all look forward to building on an impressive reputation and book of business."

Ironshore Inc. announced that JOSEPH L. BOREN has been appointed Executive Vice President of Ironshore Insurance Holdings, LLC and will be President of U.S. Field Operations. JOHN O'BRIEN currently President of Ironshore Environmental, has been named as that unit's Chief Executive Officer, assuming responsibility from Boren, who held that position for three years.

Boren will be responsible for the U.S. distribution strategies for Ironshore's U.S. domestic businesses. He also will continue to manage Ironshore's Marketing, Strategic Broker Relations, Specialized Risk Solutions, and Mergers & Acquisitions Insurance transactions for Ironshore and remain Chairman of Ironshore Environmental.

"Ironshore's U.S. Field Operations have demonstrated healthy, sustainable growth over the past year, with Regional Executives responsible for the diverse distribution of Ironshore products through various channels across all business lines," said Kevin H. Kelley, Chief Executive Officer of Ironshore. "Joe's leadership within Ironshore is steadfast and his institutional knowledge of our strategic vision make him the best executive to create greater efficiencies throughout our U.S. operations structure that is now firmly in place."

Mr. Boren has been a long time insurance industry leader within the environmental sector. Along with Mr. O'Brien, he launched Ironshore Environmental in 2009, which is recognized for developing innovative insurance products to meet changing industry demand for managing the financial impact of environmental incidents and liabilities. Prior to joining Ironshore, they built the largest environmental insurance company at AIG Environmental.

Mr. Boren noted, "John has been instrumental in building out both Ironshore Environmental as well as AIG Environmental and his vision for this industry is unmatched."

January 10, 2012

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วันอาทิตย์ที่ 19 กุมภาพันธ์ พ.ศ. 2555

Editor's Choice Stories: January 10, 2012

New Hire Will Mine AIG Data (Wall Street Journal)

Chartis' new chief science officer Murli Buluswar hope to improve loss forecasts, reduce costs and devise more accurate pricing for insurance policies.

Related Coverage EU Demand for Road Map to Climate Treaty Complicates Talks (Bloomberg Businessweek) (11/28/11) Supreme Court to Decide Whether Lawsuits Require Harm (Yahoo! News) (11/28/11) Merck Pleads Guilty, Agrees to Pay $950 Million in Vioxx Case (Forbes) (11/28/11) GM to Offer Free Loaner Cars to Volt Owners During Safety Probe (Chicago Tribune) (11/28/11) Oklahoma Gets String of Mild Earthquakes (New York Times) (11/28/11) Drunk Kicks, Punches and Urinates on $40 Million Painting (Daily Mail)

The 36-year-old woman damaged the Clyfford Still painting at a museum in Denver.

Prescription Pill Addicts Pose Violence Risk to Pharmacies (New York Times)

"I just want to get out of here alive" said one pharmacist.

Japan Plans Age Limits, Tougher Tests for Nuclear Plants (Wall Street Journal)

After the Fukushima disaster, Japan plans much more stringent tests for nuclear plants.

Oddly Mild Winter Leaves Much of U.S. on Thin Ice (Laredo Sun)

The mild weather has hurt business for ski resorts while partially frozen lakes pose risks to hockey players and ice fisherman.

January 10, 2012

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New Product Announcements (Jan. 10, 2012)

Technology

JEVCO Insurance Company, a Canadian specialty insurer, and Guidewire Software, a provider of core system software to property/casualty (general) insurers, announced that JEVCO is in production with Guidewire ClaimCenter. JEVCO selected a claims system that would provide a strong technology foundation to help it enhance its quality of service for brokers and customers. The company is deploying ClaimCenter for all its lines of business across Canada and is now in production in three provinces: Alberta, Ontario and Quebec.

Related Coverage Target Markets Survey Shines Light on Programs Coverage (11/02/11) Lighter Headwinds Buffet Brokers in Third Quarter (11/03/11) Honoring Worker Safety and Injury Prevention (11/01/11) 12 Executives to Watch in 2012 (12/01/11) Consumed With Risk (12/01/11) Broadspire has successfully completed its launch of the RiskTech claims-management system, converting more than 10 million claims and retiring legacy systems. Broadspire's legacy system was converted in 2009 and Crawford's legacy systems, ARMS and SISDAT, have been retired. Broadspire clients can now fully benefit from RiskTech.

Resources

Willis Group Holdings announced the global launch of its insurance placement system, WillPLACE, an online tool that helps Willis to match its clients? insurance needs with the most appropriate insurers.

With WillPLACE, Willis placement professionals are able to gather data about insurers? risk appetites around the world, which is then imported into the WillPLACE Market Match tool. Using a proprietary matching algorithm, this information is then correlated online with the WillPLACE database that records the specific risks clients have, and matches these with appropriate insurers.

Experian, announced the launch of its Financial Stability Risk ScoreSM, a new tool that allows credit and lending professionals to identify accounts at the highest risk of business failure. Use of the new scoring model brings improved financial results by enabling users to segment businesses into risk categories, identify the accounts that are most likely to fail and set policies to limit risk exposure.

Coverages

Torus, the global specialty insurer, announced its entrance into the U.S. surety market with the launch of Torus Surety. To augment the development of this new platform, Torus has entered into an agreement to acquire First Sealord Surety, Inc.

Torus Surety will focus on providing contract surety in the U.S. to small and mid-size construction contractors. In time the operation will also offer commercial surety products. Torus will also seek to develop contract surety business in key emerging markets throughout Latin America. This will be done through Torus? admitted reinsurer in Brazil and the company?s other licenses in the region.

Ryan Specialty Group announced today that Concord Specialty Risk has entered into new trading relationships with Arch Specialty Insurance Company, Freedom Specialty Insurance Company, and a U.S. subsidiary of Zurich Insurance Company Ltd. Under the new facility, Concord will underwrite various transactional liability insurance products with a combined capacity of $55 million and the ability to access at least $20 million additional capacity for larger risks. The facility will be administered by Concord in a seamless process from underwriting to binding to claims management and resolution. Concord will act as the single point of contact between the facility markets and the Insured.

January 10, 2012

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People on the Move: Specialists (Jan. 10, 2012)

DONALD BATCHELOR was named vice president at Ametros Financial. Prior to joining Ametros Financial, he held the position of senior vice president of network services and operations with a startup healthcare company specializing in the federal sector. Batchelor has more than 30 years of healthcare experience, consisting of eight years in clinical positions and 22 years in healthcare management. His senior-level management experience with both Fortune 100 healthcare companies and start up healthcare companies can allow Ametros Financial to further develop and expand all aspects of its business. He will be working from the Ametros Southlake, Texas office.

"Working with Don again has been an aspiration of mine since we were at Health Net and First Health together. He is as good as it gets, and that fits the Ametros style perfectly," said Thomas Ash, chief executive officer at Ametros Financial.

Related Coverage Target Markets Survey Shines Light on Programs Coverage (11/02/11) Lighter Headwinds Buffet Brokers in Third Quarter (11/03/11) Honoring Worker Safety and Injury Prevention (11/01/11) 12 Executives to Watch in 2012 (12/01/11) Consumed With Risk (12/01/11) Active Risk (formerly Strategic Thought Group) announced the appointment of IAIN JOHNSTON to the Board as a non-executive director. Johnston has held a number of non-executive positions as well as founding several businesses in the technology sector. He began his career with United Biscuits in the 1980s and has a strong sales and marketing background with experience of both the U.K. and the U.S. markets in a variety of roles at all levels.

Lynton Barker, executive chairman of Active Risk, commented, "We are delighted that Iain Johnston is joining the Active Risk Board. His wide ranging experience in the IT industry and strong sales and marketing skills will prove invaluable to support our growth strategy and business development activities. There is an increasing demand for Enterprise Risk Management software as businesses see how this can underpin their strategic decision making. Active Risk has the proven solution and the right team in place to support customers and to exploit the growing business opportunity. We welcome Iain to the Board."

In addition to his role with Active Risk, Iain is also a non-executive director of Internetq plc. He was Deputy Chairman of Alterian plc until October 2011, having co-founded the business in 1997 and was also CEO of the Loewy Group Ltd until the sale of the business in July 2011.

Agencyport Software (formerly Sword Insurance), a leading provider of software and services to the global insurance and reinsurance industries, announced that JEFF COSTLEY has joined the company senior sales director. Costley is based in Atlanta and brings more than 20 years of enterprise software sales to the insurance industry. He will primarily focus on the excess and surplus (E&S) market where he is well-regarded as a thought leader and a member of industry associations like AAMGA and NAPSLO.

"Carriers in the E&S market are now leveraging new ACORD standards and sophisticated vendor software like ours to service their agents, MGAs and retail and wholesale brokers. Agencyport has been a leader in P&C distribution technology for over a decade and Jeff will lead our expansion into the E&S market," said Mike McCurley, Agencyport's senior vice president of global sales. "His proven knowledge of the evolving IT challenges within the insurance industry will prove invaluable to our sales team, our company, and to our customers."

Previously, Costley held key positions within the Insurance software sector including national responsibility for excess and surplus market sectors. Costley has led, managed and executed the sales process from introduction to close of sale. He has also helped shape marketing strategies and routinely partnered with the product development teams, recommending enhancements and new development for future software versions and releases.

"Agencyport is known across the insurance industry for delivering outstanding customer service to back its broad and innovative product and service portfolio" said Costley. "I look forward to putting my expertise and experience within the E&S sector to work for Agencyport."

Exigen Insurance Solutions, a provider of modern core solutions to insurers delivered through an aligned-outcome business model, announced the appointment of WILHELM ZELLER as director. Zeller is the former chief executive officer and executive board chairman of Hannover Re.
"Mr. Zeller's addition to our board brings even further industry experience and insight to a strong team focused on the exciting market opportunities for our growing and talented organization," said Exigen Insurance Solutions' executive chairman, Alec Miloslavsky. "The company will benefit directly from his growth-oriented, business-building approach. Willie shares our vision of technology as a creator of business value in the insurance enterprise and we look forward to his contributions and guidance."

Zeller served as CEO at Hannover Re for 13 years. Under Mr. Zeller's guidance, Hannover Re grew in standing from sixth to third largest reinsurer in the world. His strategy of efficient capital management, active cycle management and a focus on profitability made Hannover Re into the world's second most profitable reinsurer. Prior to joining Hannover Re, Zeller was a member of the executive board of Cologne Re from 1977 through 1995. Earlier in his career, he served as the head of the Casualty Department and International Department Non-Life at Zurich Insurance Company.

January 10, 2012

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วันเสาร์ที่ 18 กุมภาพันธ์ พ.ศ. 2555

Thumbing Noses at Exposure

For at least one business owner, no amount of press coverage or exposure is worth the risk and the hassle of primary season.

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How Can We Be Apple, Not IBM?

By David M. Wong

Like many across the world, I was saddened when Steve Jobs passed away last year.Since his death and the release of his official biography, I have encountered a number of instances where people and organizations are asking themselves, "" What has been most fascinating about these instances is that they have each been followed with a distinctly different opinion on what has made Apple so much more successful than IBM, including:

First Federal Insurance Chief Walks Fine Line

At the Joint Industry Forum in New York, Michael McRaith outlined his first six months as director of the Federal Insurance Office, sharing plans for the future.

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วันศุกร์ที่ 17 กุมภาพันธ์ พ.ศ. 2555

Desire to relieve pain from work injury supports claim for overdose

In New York, a worker's death resulting from an accidental overdose taken to relieve a condition caused by a work-related accident can be compensable.

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Illinois: Commission gives arbitrators guidelines for disability awards

The commission said that an impairment report is not required to be submitted by the parties with a settlement contract. Also, if an impairment rating is not entered into evidence, the arbitrator is not precluded from entering a finding of disability. The commission said that its guidance is not a rule of general applicability. Each commissioner and arbitrator should issue a decision that responds to the factual situation on review before them.

Read more at the WorkersComp Forum homepage.

Related Coverage New York: Temporary insurance rule in effect (11/07/11) Top Four Fixes for Workers' Comp (04/26/11) Alaska: Amendments would tweak medical benefits rules (09/29/11) Idaho: Commission proposes security for compensation rule (11/07/11) Oregon: Hearing will discuss disability rating standards (03/18/10) January 12, 2012

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Fall due to low blood pressure is idiopathic, noncompensable

In Arizona, the effects of falls due to fainting spells are generally not compensable unless the employment places the worker in a position increasing the dangerous effects of such falls.

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วันพฤหัสบดีที่ 16 กุมภาพันธ์ พ.ศ. 2555

Workers' Comp Forum: January 12, 2012

In this issue: work-related musculoskeletal disorders cost healthcare employees dearly; OSHA targets winter-storm related injuries; columnists offer a look back at the history of workers comp and offer predictions for 2012; California regulators encourage electronic filing; cost-per-claim rises in Louisiana; and more.

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Louisiana: Costs per claim show fastest growth in 16-state WCRI study

Louisiana has the dubious distinction of having the fastest growing costs per workers' comp claim from 2007 to 2009 in a multistate study.

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Complete cellphone ban while driving is unlikely, expert says

Chances of the National Transportation Safety Board's recommended ban on the use of portable electronic devices by drivers are probably slim to none. But the issue should serve as a wake-up call for employers interested in reducing their workers' comp costs, suggests an industry insider.

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วันพุธที่ 15 กุมภาพันธ์ พ.ศ. 2555

Driver's preexisting heart disease, risk factors scuttle widow's claim

In Virginia, no presumption that a worker's death arose out of and in the course of employment exists when the worker suffers from preexisting heart disease and subsequently dies of cardiac arrest at work.

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Aon Moves Corporate Headquarters to London (Washington Post)

The company sites improved access to emerging markets, increased financial flexibility and proximity to Lloyds as reasons for the move.

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Advisory board welcomes new members with comp experience

Dr. Marianne Cloeren. In addition to serving as the medical director for Managed Care Advisors, Dr. Cloeren is also the chair of the American College of Occupational and Environmental Medicine's Council on Occupational and Environmental Medicine Practice. With ACOEM she is also active in several special interest sections, including work fitness and disability, health and productivity, and federal and military occupational medicine.

As MCA's senior medical director, she is responsible for quality assurance and performs reviews on complex workers' comp cases, develops case management protocols, does occupational medicine consulting, and teaches and develops training related to workers' comp and disability. Her background includes ergonomics research, employee health program management, and workers' comp case management.

Related Coverage Study Analyzes Practice Patterns of Doctors to Curb Costs (02/08/10) Eliminate rewards for unwanted behaviors to reduce liens (02/07/11) Longtime Workers' Comp Veteran Greg Krohm Shares Insights (01/17/11) Social Media Participants Air Concerns Over Loss of Adjuster Talent (04/18/11) California Hopes to Make Comp System Leaner by Eradicating Unnecessary Liens (02/07/11) Cloeren has a holistic perspective and believes it is important to look at the whole picture and think about a variety of resources and treatments to help patients recover.

"My recent passion has been to prevent disability related to chronic pain and to identify and provide access to approaches that help patients with pain maintain function, and not become crippled by maladaptive behaviors and opioids," she says.

She believes better outcomes are more likely when everyone involved in a claim comes together -- including the injured worker."The missing piece in case management is including the injured worker in planning," she says. "As a system, we tend to do case management around them, rather than with them."

Cloeren says the workers' comp system would do well to look at strategies to bring injured workers and their representatives "into the fray."

After graduating from the University of Pennsylvania, Cloeren spent time with a friend who was in a rehabilitation hospital recovering from a motor vehicle accident. Seeing her friend recover from a severe brain injury was part of her decision to attend medical school.

"I was working at the time for a company that indexed medical research, and this work exposed me to the field of occupational medicine, to which I was attracted early on," she says. "While in medical school, I was a member of the American Medical Student Association and co-led its task force on occupational and environmental medicine, which gave me a chance to explore this field and plan conference sessions early in my medical career."

Cloeren is board certified in Internal Medicine and Occupational Medicine. She has been a member of ACOEM for more than 20 years and is in her third year on the ACOEM Board of Directors.

Pam Ferrandino. Certainly no stranger to the workers' comp system, Ms. Ferrandino is highly regarded in her position as executive vice president, National Practice Leader, Casualty for Willis North America. As part of the Willis National Placement team, she works with the company's casualty placement teams, client advocates and insurers to help deliver the best casualty solutions for its clients.

Ferrandino's extensive casualty background includes traditional casualty insurance/reinsurance, alternative risk solutions and risk finance. Prior to joining Willis in 2004, Ferrandino served at Guy Carpenter as vice president for its Alternative Reinsurance Solutions.

The Hartford was the first stop for Ferrandino in her insurance career. There she held various senior positions in the casualty product lines, including underwriting, captives, new product development, the creation of short- and long-term client partnerships and distribution management. Her last post at The Hartford was as director of National Client Practices.

Selling workers' comp to the C-Suite is an area Ferrandino would like to see explored more. That is, explaining to CFOs and CEOs how a workers' comp program can improve the bottom line.

"The challenge is how to hold people's attention, how to deliver your workers' comp message," she says. "It's all about the details, but like making sausage, sometimes the details that go into it are too much information."

C-Suiters, she says, need to understand the bottom line value of a strong holistic workers' comp program. Communicating this value is key as they may not need to understand every detail, but it is critical that they appreciate the analytical process that goes into a successful workers' comp program, knowing that it can save a company millions of dollars. Part of that is measuring outcomes -- another area that both interests and scares workers' comp participants.

"We talk about it, but how do we do it?" she says. "It's nebulous. You must measure the specifics -- what's driving your loss costs. How do you address those costs? For example, where can we deliver the savings or prevent further losses."

Ferrandino holds a bachelor's degree from the University of Connecticut with a concentration in finance and marketing. In addition to workers' comp, she also speaks at conferences for casualty, risk financing, alternative risk, captives, captive utilization and risk management.

Read more at the WorkersComp Forum homepage.

January 16, 2012

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วันอังคารที่ 14 กุมภาพันธ์ พ.ศ. 2555

California governor appoints Baker as DIR director

California Gov. Edmund G. Brown has appointed Christine Baker to be director of the Department of Industrial Relations, which oversees the Division of Workers' Compensation.

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Therapist's expectation of worsening of injury blocks claim for bunions

In South Carolina, a worker is not entitled to benefits for the worsening of a preexisting condition if the worsening of the condition was not unexpected.

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Russian Spacecraft Crashes to Earth (USA Today)

January 16, 2012

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วันจันทร์ที่ 13 กุมภาพันธ์ พ.ศ. 2555

Ohio: Bureau reviews rule on adjudicating committee

The rule specifies that an administrator of the bureau can modify or reverse the decision of the adjudicating committee. An employer can file a written appeal of the committee's decision within 33 days of the bureau's mailing of the decision. The administrator or administrator's designee will conduct a hearing and issue a final decision. If the employer does not file an appeal of the committee's decision, the administrator has 30 days after the last date the employer could have filed an appeal to vacate or modify the order of the adjudicating committee and issue a final decision. If the administrator takes no action within 63 days of the mailing of the committee's decision, the decision of the committee will be the final decision of the administrator.

Read more at the WorkersComp Forum homepage.

Related Coverage Ohio: Bureau considers treatment reimbursement requests (06/20/11) OSHA proposes requiring employers to track MSDs (03/11/10) Oregon: Bulletin covers self-insured base rates (06/20/11) Maryland: Commission amends procedure for settlement (09/30/11) Alaska: Amendments would tweak medical benefits rules (09/29/11) January 16, 2012

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Manson Insurance Officials Ordered to Pay $5.2 Million After Fraud Convictions (Wausau Daily Herald)

Former Manson CEO David Scholfield and former company Treasurer Susan Brockman were also sentenced to six months in prison in December.

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Zappos Hacked, Data for 24 Million Customers Exposed (CNN Money)

The massive security breach at the popular internet shoe store compromised customer names, email addresses, phone numbers and the last four digits of their credit cards.

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วันอาทิตย์ที่ 12 กุมภาพันธ์ พ.ศ. 2555

Aon: Global Economies Face $435 Billion Natural Disaster Legacy from 2011 (PR Newswire)

January 16, 2012

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NIOSH promotes safety in auto repair industry

More than 1.3 million U.S. workers are employed in the automotive repair and maintenance services. Because of the serious health risks these workers face, federal agencies have developed safety goals for the industry.

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Fed Study Cites Woeful Medical Error Reporting

Six out of seven medical errors harming Medicare patients go unreported by hospital employees, according to a federal study released on January 6.

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วันเสาร์ที่ 11 กุมภาพันธ์ พ.ศ. 2555

Recalculation of prior impairment rating required to reconcile injuries

In Nevada, the rating physician must reconcile the different editions of the Guides to the Evaluation of Permanent Impairment by recalculating the previous impairment rating using the current edition and subtracting the recalculated percentage from the current level of impairment.

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Novartis Recalls Excedrin, Gas-X and Other Popular Brands (Bloomberg Businessweek)

With stray tablets from other products appearing in the over-the-counter medicines, along with broken tablets, Novartis conducted a voluntary recall that could cost the company as much as $750 million.

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Insurance Scammer Finally Seized

After defrauding an insurance company of millions then faking his own death in an attempt to evade authorities, a brazen insurance scammer is finally caught in Canada.

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วันศุกร์ที่ 10 กุมภาพันธ์ พ.ศ. 2555

Tolling shields claim for temporary disability from dismissal

In Virginia, the tolling mechanism operates twice in cases in which a worker works light-duty employment after receiving temporary disability payments and during and after receiving permanent partial disability payments.

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Airlines See No Rate Turbulence

By JONATHAN BERR, who has written for national media outlets for more than 15 years.

When it comes to insurance, there is nothing but blue skies ahead for the nation's airlines.

Related Coverage Initial Results Point to a Manufacturing Defect in some Older 737 Passenger Jets (06/01/11) Hockey Team Plane Crash Highlights Sports Travel Risks (09/20/11) Aircraft Loss-of-Use Not Covered Under Standard Aviation Coverage (04/12/11) When the Birds Bring Down the Planes (07/19/11) Insurers Assessing Air Race Tragedy (09/27/11) According to brokers, it's a buyer's market. Underwriters are willing to cut carriers plenty of slack to win their business because supply outstrips demand and because 2011 marked the safest year air travel on record, according to Ascend, a provider of data, analytics and advisory services to aerospace investors.

American Airlines? parent company AMR Corp.'s recent bankruptcy filing is not affecting rates much. Neither are plans by carriers to update their fleets.

Rates for insurers are depressed and will remain that way for a while, barring any catastrophic losses, which can cost airlines hundreds of millions of dollars.

The total value of airline industry premiums, which topped $4 billion in the wake of the Sept. 11 terrorist attacks, were around $2 billion last year and will probably be down by 5 percent to 6 percent this year, said Stephen E. Alexandris, senior vice president and U.S. airlines practice leader at Aon.

"There is a lot of overcapacity in the market," Alexandris said. "It's definitely a client's market."

William Willer, area president of Gallagher Aviation, agrees. "Raw rates" were down 5 percent to 12 percent in 2011 from the previous year, he said.

"I don't see anything on the horizon saying that would change," said Willer. "The underwriters just don't have the horsepower to force rates up at the moment.

This is a bright spot for an industry which has been under stress since the start of the economic downturn when high fuel prices forced many carriers to charge fees for handling bags or charge for in-flight food.

This year will not be easy either. The International Air Transport Association is predicting that worldwide industry profit will fall 49 percent this year because of high fuel prices and the debt crisis in Europe. Nonetheless, insurance executives are not concerned -- a striking change from years past.

"

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People on the Move: Insurance (Jan. 17, 2012)

NICK PEARSON, a New York-based partner in the Insurance and Reinsurance Department of the international law firm Edwards Wildman, has been elected president of the Insurance Federation of New York Inc. A director of the IFNY for 10 years, Pearson served as president-elect in 2011 and began his one-year term on December 15.

IFNY membership includes leaders from all segments of the New York insurance industry. Since 1913, it has served as a forum for the entire industry for the consideration of issues of mutual concern. Its membership includes life and P&C insurers, agents, brokers, law firms and consultants. IFNY is a not-for-profit corporation and does not engage in lobbying. Its board includes four former New York Superintendents of Insurance.

Related Coverage Target Markets Survey Shines Light on Programs Coverage (11/02/11) Lighter Headwinds Buffet Brokers in Third Quarter (11/03/11) Honoring Worker Safety and Injury Prevention (11/01/11) 12 Executives to Watch in 2012 (12/01/11) Consumed With Risk (12/01/11) Pearson has represented U.S. and foreign insurers, reinsurers and producers since 1977. He has broad insurance regulatory, transactional and arbitration experience. He has lectured on insurance and reinsurance in the United States, England and Bermuda, and he has contributed to legal treatises. His articles have frequently appeared in leading international insurance publications.

Ironshore Inc. announced that PAUL S. GIORDANO, executive vice president, general counsel and secretary, has been named the co-chair of the Financial Services Policy Committee at The New England Council based in Boston, where Ironshore's U.S. group headquarters are located. Giordano will serve with Jim Febeo, senior vice president of government relations at Fidelity Investments, in leading the committee's mission to identify and support policies that promote the financial services sector in New England.

Giordano has a breadth of experience in the financial services sector, primarily in the global insurance industry. Prior to joining Ironshore in 2009, he was CEO and deputy chairman of Security Capital Assurance and held various leadership positions with XL Capital Ltd. Giordano serves as a senior advisor to the Committee on Capital Markets Regulation, an independent research organization dedicated to improving the regulation of U.S. capital markets.

"The New England Council has been honored to count Ironshore among our members for many years.Paul's extensive experience in the financial services sector here in our region will no doubt make him a tremendous asset to our Financial Services Policy Committee.His leadership as a co-chair will be instrumental as we continue to monitor the impact of financial industry reform during this period of unprecedented economic market challenges," said James T. Brett, president and CEO of The New England Council.

Zurich Financial Services Group announced that JEFF DAILEY was appointed to a member of the Group Executive Committee. He was president and chief operating officer of Farmers Group Inc. and became its CEO in January.

Dailey joined Farmers in 2007 as president of personal lines for Farmers when Farmers acquired Bristol West Holdings, where he served as Bristol West CEO. In January 2011, he was promoted to president and chief operating officer, and at the same time it was announced that he would become the new CEO of Farmers upon Bob Woudstra's retirement.

Zurich's Chief Executive Officer, Martin Senn said, "we are delighted to welcome Jeff in the Group Executive Committee. His 30 years of experience in the insurance industry as well as his strategic vision, proven track record and personal commitment make him a valuable addition to our senior management team. I would also like to thank Bob Woudstra for his valued contributions during his nearly 40 years of dedicated service with Foremost, Farmers and Zurich. I wish him and his family the very best in his retirement."

January 17, 2012

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วันพฤหัสบดีที่ 9 กุมภาพันธ์ พ.ศ. 2555

People on the Move: Specialists (Jan. 17, 2012)

The partners of Johnson Lambert & Co. LLP have announced that BRANDY VANNOY is a new partner at the Johnson Lambert partnership. She is a tax partner in the North Carolina office of Johnson Lambert & Co. LLP responsible for providing engagement management, tax compliance and consulting services to property-casualty insurance companies, life insurance companies, associations and other not-for-profit organizations and affiliated entities. She is actively involved in reviewing and assisting clients with FAS 109, FIN 48, SSAP 10R and SSAP 101 financial reporting calculations. Vannoy consults on tax related federal and state issues, as well as business opportunities and is experienced with IRS and state department exams, including negotiating settlements.

She joined Johnson Lambert & Co. LLP in 2004 after spending several years with KPMG LLP where she served both domestic and international clients in tax return preparation and planning for the financial services and a variety of other industries.

Osmera's experience and expertise include human resources management in the healthcare, PEO, publishing, and retail industries. Most recently she served as the human resources director for Maple Crest nursing facility operated by American Baptist Homes. Amanda has also served in similar positions with alternative newspaper publisher Creative Loafing, Berkshire Hathaway backed Nebraska Furniture Mart and PEO Lanier Upshaw.

The National Academy of Social Insurance recently invited two senior researchers from the Workers Compensation Research Institute (WCRI) to become members -- deputy director and counsel, RAMONA TANABE, and senior analyst, CAROL TELLES.

"At a time when U.S. social insurance programs, such as workers compensation, are capturing news headlines and the attention of policymakers, NASI looks forward to recognizing, using, and sustaining the expertise of our new members from WCRI," said NASI President Janice Gregory.

NASI is a nonprofit, nonpartisan organization made up of experts on social insurance. Its mission is to advance solutions to challenges facing the nation by increasing public understanding of how social insurance contributes to economic security.

Academy members are recognized experts in social security, Medicare and health coverage, workers' compensation, unemployment insurance, and related social assistance and private employee benefits. Individuals selected for membership have distinguished themselves by improving the quality of research, administration, or policymaking in one or more of these areas.

Barclays continues to grow its Non-Bank Financial Institutions team with the appointment of KARLA MALOOF as head of insurance, North America. Maloof will be responsible for developing and leading the regional strategy for the insurance sector.

Maloof joins Barclays from HSBC in Bermuda, where she was head of global banking and a member of the Senior Management Committee, focusing on the commercial insurance and reinsurance sector. Prior to joining HSBC in 2005, Maloof served as first vice president with Mellon Financial Corporation's insurance banking and loan products group, covering property and casualty, reinsurance and life insurance companies in the US, Europe and Bermuda.

Karla will report into Carl Boulton, head of insurance for Barclays Corporate, who commented; "Karla's appointment is a significant step forward in our global strategy to provide best in class coverage and solutions for our clients around the world and follows recent hires to strengthen the team in Western Europe."

January 17, 2012

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New Product Announcements: Jan. 17, 2012

Technology

New York Life Retirement Plan Services announced it has made significant enhancements to its plan sponsor and advisor web sites, providing clients a full overview of their plans' health at a glance.

Related Coverage Target Markets Survey Shines Light on Programs Coverage (11/02/11) Lighter Headwinds Buffet Brokers in Third Quarter (11/03/11) Honoring Worker Safety and Injury Prevention (11/01/11) 12 Executives to Watch in 2012 (12/01/11) Consumed With Risk (12/01/11) The enhancements take an "interactive dashboard" approach, showing all the most important information about a retirement plan such as total plan assets updated monthly, average and historical plan participation rate, average account balance, and investment allocation. Sponsors and advisors can also view this data for specific age ranges of participants, allowing them to gauge the behavior of different participant groups and the effectiveness of plan design features.

The Chubb Group of Insurance Companies has developed an online system to help agents and brokers obtain professional and management liability insurance for private companies and not-for-profit organizations. Chubb DecisionPoint automates the submission process for agents and brokers with small to mid-sized private company clients seeking crime, employment practices liability, fiduciary liability and miscellaneous professional liability insurance. Agents and brokers with small to mid-sized not-for-profit clients can access these coverages as well as directors and officers liability insurance through DecisionPoint. Directors and officers liability coverage will be added to the private company options in 2012. The online system also enables agents and brokers to refer more complex small and mid-sized accounts to a Chubb underwriter for further review.

Resources

The 2011 Lloyd?s Risk Index finds that despite record unemployment levels across much of the U.S., American business leaders say one of the biggest risks they now face is a talent and skills shortage. The study was carried out by the Economist Intelligence Unit, which polled 500 C-Suite and board level executives in North America, Europe, Asia and elsewhere to assess corporate risk priorities and attitudes around the world.

In response to state legislative requirements, Broadspire has launched its Workers Compensation Health Care Network in Texas. The Broadspire Workers Compensation HCN is a certified network that is part of Broadspire's state-stratified, multi-tiered BOLD Network. Broadspire has customized its network to each jurisdiction, rather than casting a wide net, producing superior penetration rates and savings.

Solutions

Moody?s Analytics, a leader in risk measurement and management, announced the launch of RiskAuthority, its next generation regulatory capital management solution. A comprehensive Basel I, II, and III compliance solution, RiskAuthority enables risk professionals to calculate, consolidate and report their organization?s credit, market, operational, concentration and liquidity risk.

myMatrixx announced today the release of myRisk Predictor, a risk-assessment tool designed to identify injured workers who are at high risk for potential abuse and misuse of prescription medications. myRisk Predictor combines predictive modeling with historical data and unique algorithms developed by the myMatrixx clinical team to develop a customized risk score for injured workers. This real-time tool alerts insurance carriers, third party administrators and self-insured entities when claimants within their populations may be in need of intervention.

January 17, 2012

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Editor's Choice Stories: January 17, 2012

Zappos Hacked, Data for 24 Million Customers Exposed (CNN Money)

The massive security breach at the popular internet shoe store compromised customer names, email addresses, phone numbers and the last four digits of their credit cards.

Russian Spacecraft Crashes to Earth (USA Today)

The $170 million craft was one of the heaviest and most toxic pieces of space junk ever to crash to Earth.

Manson Insurance Officials Ordered to Pay $5.2 Million After Fraud Convictions (Wausau Daily Herald)

Former Manson CEO David Scholfield and former company Treasurer Susan Brockman were also sentenced to six months in prison in December.

Novartis Recalls Excedrin, Gas-X and Other Popular Brands (Bloomberg Businessweek)

Aon: Global Economies Face $435 Billion Natural Disaster Legacy from 2011 (PR Newswire)

With 253 seperate natural disaster events generating $435 billion in damage, 2011 was one of the worst years on record.

Aon Moves Corporate Headquarters to London (Washington Post)

The company sites improved access to emerging markets, increased financial flexibility and proximity to Lloyds as reasons for the move.

January 17, 2012

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วันพุธที่ 8 กุมภาพันธ์ พ.ศ. 2555

People on the Move: Brokers (Jan. 17, 2012)

Marsh announced the appointment of VINCENT C. MARROT as global leader, energy engineering and leader of construction engineering in Marsh's International Division. In this newly created position, Marrot will be responsible for delivering Marsh's risk-engineering products and services on a globally consistent basis for Marsh's Energy Practice and for Marsh's Construction Practice outside of North America.

Marrot brings to Marsh 20 years of engineering experience, including the last 12 years as an insurance loss adjuster. He joins Marsh from AquaTerra Adjusters, a division of Cunningham Lindsey International, where he was a senior vice president.

Related Coverage Target Markets Survey Shines Light on Programs Coverage (11/02/11) Lighter Headwinds Buffet Brokers in Third Quarter (11/03/11) Honoring Worker Safety and Injury Prevention (11/01/11) 12 Executives to Watch in 2012 (12/01/11) Consumed With Risk (12/01/11) "In the aftermath of a number of large losses in the energy and construction sectors, our clients are focusing more than ever on loss prevention and operational excellence," said Jim Pierce, Marsh's global energy practice leader. "With a new, more coordinated global risk engineering approach under Vincent's leadership, Marsh will be in a better position to provide its energy and construction clients with solutions to help meet their increasingly complex needs."

A native of France, Marrot holds advanced degrees in petroleum engineering, engineering in manufacturing, and mechanical engineering. He will be based in Houston.

Lockton Affinity has expanded its government contracting expertise with the addition of SARA K. PAYNE as a senior vice president. Payne, an expert in the creation and operation of Defense Base Act insurance programs for government contractors, will be based in Lockton Affinity's Washington, D.C. area offices.

"Sara Payne is recognized as a leader in managing complex insurance programs for government contractors," said Steve Eginoire, chairman and CEO of Lockton Affinity. "Our clients will benefit from her in-depth knowledge and innovative approach to building and maintaining specialized insurance programs for government contractors while they are posted abroad."

Payne has previously led the Government Contractor team at Rutherfoord International, an insurance broker in the Washington, D.C. area. She was with the company for 18 years.

MICHAEL F. POWER has also joined Lockton as senior vice president and Northeast Real Estate Practice Leader based in the insurance broker's midtown Manhattan offices. He will be responsible for business development and client advocacy for clients in the real estate and hospitality industries.

"Mike Power's experience and breadth of expertise will be of tremendous value to our real estate clients," said Tim Ryan, chief operating officer of Lockton Northeast. "The property insurance market continues to be dynamic, and Mike will help guide our clients through the risk management and insurance challenges ahead."

Power has expertise in alternate risk funding techniques, insurance contract analysis, and working with the complexities of risk management for a wide variety of commercial and residential Real Estate and Hospitality related exposures, as well as active involvement in all facets of related insurance placements. He has advised clients on the feasibility of Captive insurers as well as accessing the London, Bermuda and European insurance markets.

Most recently, he headed the New York Real Estate Practice at insurance broker Willis with an emphasis on metropolitan New York area clients. He started his career with the Maryland Casualty Company, transitioning to the brokerage community with Leonard Newman Agency in White Plains, N.Y. He has also held senior leadership positions with Sedgwick James and Wells Fargo Insurance Services.

Willis North America announced the appointment of GERALD CECIL as a practice leader for Willis Programs. In this role, Cecil will be responsible for building on the Programs' national broker distribution network and managing the existing Platinum Broker network. He will also lead the team's marketing efforts with trade associations and collaborate with underwriting teams to enhance customer knowledge, understanding and awareness of the various Willis programs including RecycleGuard, WasteHaulerGuard and AutoServiceGuard.

Prior to joining Willis, he served as business development director, global automotive industry practice at Zurich Financial Services Ltd. Cecil has also held leadership roles at Universal Underwriters and Wausau Insurance Companies.

David Hampson, president & CEO of Willis Programs said: "We are pleased to have Gerry join the Willis Programs family. Gerry has extensive industry specific experience that will help us grow vertically as well as horizontally. In addition, Gerry's experience with distribution will allow us to improve and grow our distribution network."

January 17, 2012

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Golf Ball to the Head Not Compensable

A school resource officer for a county sheriff's department was an active member in a voluntary, nonprofit association of sheriff's deputies whose primary purpose was to raise money for charity and help those in need. The association sponsored a charity golf tournament to raise money for Christmas gifts for needy families. The county did not participate in planning or promoting the golf tournament. Participation in the golf tournament was voluntary and county workers were required to use compensatory or vacation time to attend. The county did not allow its workers to wear their uniforms or use county vehicles for transportation to the event, at which alcohol was served.

The officer helped set up and then golfed in the tournament. While he was playing, a nearby golfer hit a ball that struck him in the forehead. He was transported to the hospital and treated for a laceration and subcutaneous contusion. Later, he sought treatment from numerous medical professionals for continuing symptoms, including tinnitus, poor balance, memory loss, headaches, insomnia, mood swings and depression. He was unable to resume work and was terminated.

The officer sought workers' compensation benefits. The administrative law judge denied benefits on the grounds that the injury did not arise out of and in the course of his employment. The Labor and Industrial Relations Commission affirmed the denial of compensation. The officer appealed.

Was the ALJ correct in finding the officer was not entitled to benefits?

A. Yes. The golf tournament was a recreational activity and did not arise out of or in the course of the officer's employment.

B. No. The officer's participation in the charity golf tournament benefitted the county.

C. No. The officer's injury resulted from a hazard or risk related to his employment.

How the court ruled: A. The Missouri Court of Appeals held that the officer was not entitled to benefits. Beine v. County of St. Charles, No. ED96581 (Mo. Ct. App. 12/06/11).

The court said that the golf tournament was a recreational activity. The officer's participation in the tournament provided no benefit to the county. The court pointed out that golfing was not one of the officer's assigned duties. The county did not plan or promote the tournament and required its workers to use vacation days to participate. Also, the county did not receive or control the proceeds of the tournament. The county and association were separate and independent entities.

B is incorrect. The court explained that the officer's supervisor said his participation in the tournament provided no benefits to the county. The officer's witness testified that the tournament benefitted the county. The court said the witness lacked credibility because his testimony focused on the shopping event, rather than the golf tournament, and his opinion was "based on gross generalities regarding community policing."

C is incorrect. The court explained that the officer's injury resulted from a hazard or risk unrelated to his employment to which he would have been equally exposed on any golf course in his "normal nonemployment life."

Editor's note: This feature is not intended as instructional material or to replace legal advice.

January 19, 2012

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Coach's concurrent employment increases average weekly wage

In Kentucky, if a worker's supervisor has knowledge of her concurrent employment, her AWW should include her wages from the second job.

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วันอังคารที่ 7 กุมภาพันธ์ พ.ศ. 2555

ACOEM updates distinguishing features of occupational hearing loss

Occupational noise induced hearing loss results from continuous or intermittent noise exposure and duration and develops slowly over several years.

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Instructions, deadline given to worker don't reveal employment relationship

Case name: Soloman v. Dayton Window and Decor Co., LLC, et al., No. 24299 (Ohio Ct. App. 12/02/11).

Ruling: The Ohio Court of Appeals held that a worker was not entitled to benefits because he was an independent contractor.

Related Coverage Florida court trims lawn care services from award (08/19/10) Tornado creates higher risk of injury for truck driver (04/07/11) First employer on hook for later surgery costs (08/23/10) Statement made weeks before termination moves claim forward (09/30/11) Testifying at wife's hearing doesn't yield protections under ADA (04/07/11) What it means: In Ohio, a company setting a deadline for a worker does not suggest that the worker is an employee.

Summary: A company was hired to install replacement windows in an apartment building. The company's owner realized that the person doing the job could not complete it by himself by the three-day deadline. The owner hired a worker to help install the replacement windows. While the worker was removing a metal bracket from a window frame, a piece of metal chipped off and struck him in the eye. He sought benefits. The parties disputed whether the worker was an employee of the company when he was injured. The Ohio Court of Appeals held that he was an independent contractor and not entitled to benefits.

The court found that the evidence did not show that the worker was required to follow instructions about how to do the job. He was only given instructions on the best way to remove the old window and install the replacement for the first few windows.

The court pointed out that the owner did not tell the worker when to take breaks or when he could leave for the day. The court explained that setting a deadline for the completion of a job does not show the same level of control as telling a worker the hours he must work.

The court said that some materials were furnished by the owner. Some tools belonged to the worker, and some belonged to the other person hired by the owner. The court found this did not show the worker was an employee.

Read more at the WorkersComp Forum homepage.

January 19, 2012

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Labor Department finalizes rule for recreational vessel workers

More maritime workers are now excluded from coverage under the Longshore and Harbor Workers' Compensation Act. Regulations pertaining to workers in the recreational vessel industry take effect Jan. 30.

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วันจันทร์ที่ 6 กุมภาพันธ์ พ.ศ. 2555

Washington: Medical provider network might be established

The Department of Labor and Industries issued a preproposal statement of inquiry regarding the establishment of a medical provider network to treat injured workers of employers insured with the department and of self-insured employers.

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Oregon: Division updates administrative cost factor

The division applies this factor to approved supplemental disability and claim cost reimbursements. Insurers may not add the factor to their quarterly reimbursement requests. The division noted that the annual factor applied is based on the date the insurer paid the cost, and insurers' administrative costs for specific claims will vary.

Read more at the WorkersComp Forum homepage.

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Texas: Explanation of benefits gets rewrite

The Division of Workers' Compensation proposed amendments to rules regarding general medical provisions and preauthorization, concurrent utilization review, and voluntary certification of health care.

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วันอาทิตย์ที่ 5 กุมภาพันธ์ พ.ศ. 2555

Legislation would abrogate Missouri appeals court decision, sponsor says

Coworkers who are a party to workplace accidents would be protected from personal lawsuits under legislation introduced in the Missouri Senate. The reform legislation also would restore workers' comp as the exclusive remedy for workplace accidents.

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New members are on board for comp conference

Venditti believes employers and insurers would do themselves a favor by gaining an understanding of psychosocial issues affecting workers' comp claims.

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One year anniversary passes for Zadroga Act

The federal health program established to provide medical evaluation and treatment for eligible responders and survivors of the Sept. 11 terrorist attacks has been on the books for a year.

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วันเสาร์ที่ 4 กุมภาพันธ์ พ.ศ. 2555

Washington: Department explains stay-at-work rules

The Department of Labor and Industries proposed rules regarding the new stay-at-work program established by the legislature.

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Depression after business failure doesn't warrant benefits

Case name: Appeal of Letellier, No. 2010-795 (N.H. 12/15/11).

Ruling: The New Hampshire Supreme Court held that a business owner was not entitled to benefits because the stress he suffered after his business failed was not an injury.

Related Coverage Pre-existing anxiety, large caffeine consumption sink compensation (11/01/10) After foiled attempt to deny benefits, Wal-Mart entitled to subrogation credit (04/01/10) Florida court trims lawn care services from award (08/19/10) First employer on hook for later surgery costs (08/23/10) Worker's sleeping on job doesn't block vocational rehabilitation benefits (04/07/11) What it means: In New Hampshire, a mental injury for a business failure taken in good faith is not compensable.

Summary: A business owner's steel manufacturing plant was destroyed by a fire and temporarily relocated. The cost of rebuilding the facility exceeded budget projections and the company floundered. Later, the business was closed. The owner developed hypertension and major depression, and his doctors attributed the ailments to the failure of his business and other life stresses. He sought workers' compensation benefits, claiming he had mental stress and severe depression. The New Hampshire Supreme Court held that he was not entitled to benefits.

The court explained that a statute does not permit compensation for a mental injury caused by a disciplinary action or "any similar action" taken in good faith by an employer. The court considered the meaning of the term "any similar action" and said that the possibility of a business failure was a normal condition of employment that was often precipitated by poor company performance or general economic conditions. The court found the phrase encompassed a business failure.

The court explained that interpreting the phrase not to include a business failure would lead to the absurd result that employees laid off for a business failure would not receive benefits while an owner would be eligible.

The court mentioned that the owner's injuries did not arise from the performance of personnel duties that were part of his job. Also, there was nothing to suggest that the failure of the business involved bad faith. Therefore, the owner's depression was excluded from the statutory definition of "mental injury."

A dissenting judge opined that the owner suffered from a cumulative stress injury that was caused by the fact that the business was failing, not its ultimate failure. The judge said that a mental injury suffered by the owner of a business that was failing economically should be compensable.

Read more at the WorkersComp Forum homepage.

January 23, 2012

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Worker wins benefits after dog incident causes surgery failure

In Tennessee, a worker's reinjury is not compensable when it is the result of an independent, intervening cause attributable to the worker's conduct.

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วันศุกร์ที่ 3 กุมภาพันธ์ พ.ศ. 2555

Swiss Re Names Michel Lies CEO (Bloomberg Businessweek)

January 24, 2012

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Editor's Choice Stories: January 24, 2012

Strongest Solar Storm Since 2005 Hitting Earth (Yahoo! News)

The sun is bombarding Earth with radiation from the biggest solar storm in more than six years with more to come from the fast-moving eruption.

Although the issue may be far from over, President Obama rejected the Keystone XL pipeline.

BP May Double Oil Spill Pay-Out (Financial Times)

BP may agree to pay up to $25 billion to settle all charges, including possible criminal charges, with the U.S. government over the devastating Gulf of Mexico spill, according to an analyst at Morgan Stanley, double the figure the company has set aside.

Safety Probe Clears Chevy Volt (Wall St. Journal)

In the wake of battery fires, GM will voluntarily repair existing and new vehicles.

Swiss Re Names Michel Lies CEO (Bloomberg Businessweek)

Swiss Re Ltd. the world's second-largest reinsurer, promoted Michel Lies to succeed Stefan Lippe as chief executive officer from next month.

January 24, 2012

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Tipping Point: Cruise Ships Set Sail Close to the Edge

More than five times as high above the water line as it is below the water line, the Costa Concordia reveals how modern ship design push the boundaries of safety.

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วันพฤหัสบดีที่ 2 กุมภาพันธ์ พ.ศ. 2555

Obama Rejects Pipeline from Canada to Texas (USA Today)

January 24, 2012

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Safety Probe Clears Chevy Volt (Wall St. Journal)

January 24, 2012

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BP May Double Oil Spill Pay-Out (Financial Times)

วันพุธที่ 1 กุมภาพันธ์ พ.ศ. 2555

People on the Move: Specialists

Kane in at Dewey & LeBoeuf

ALICE KANE has joined Dewey & LeBoeuf LLP as a partner. She was most recently general counsel for the Americas at Zurich Financial Services, the insurance practice of the firm as a partner.

Related Coverage Target Markets Survey Shines Light on Programs Coverage (11/02/11) Lighter Headwinds Buffet Brokers in Third Quarter (11/03/11) Honoring Worker Safety and Injury Prevention (11/01/11) 12 Executives to Watch in 2012 (12/01/11) Consumed With Risk (12/01/11) John Pruitt, partner and co-chair of the firm's Insurance Regulatory Department said: "We're very excited about Alice's arrival at the firm. She is a leading figure in the insurance industry, and has a great track record with a number of major US and international insurance companies. Bringing Alice's extensive boardroom experience and insights from the general counsel's perspective into play in combination with our preeminent position in the insurance sector presents some really significant opportunities for the firm."

LWG Names Leader of New Cyber Analysis Practice

JEFFREY HARTMAN has been named leader of the newly formed cyber incident analysis practice at LWG Consulting Inc. The group brings together newly developed cyber security expertise with LWG's existing hardware/software failure analysis laboratories and computer forensic capabilities to provide advanced investigations and response to many different types of high-tech incidents such as network intrusions, virus/malware attacks and unauthorized disclosure of protected information. Mr. Hartman will also be charged with growing LWG's existing computer forensic practice.

Prior to his involvement with LWG, Mr. Hartman founded and managed a successful computer forensic firm, Impact Forensics, and served as director of the computer forensic division of RGL Forensics.

"While we have always been known for our expertise in incidents involving information technology, Jeff's leadership and the new talent we have acquired significantly advance our efforts to become the premier global provider of post-loss technical expertise," said LWG Consulting President and CEO Bob Wedoff. "We're excited about serving our client corporations, insurers and their respective legal counsel in new ways that help quarantine risk and reduce uncertainty."

VLAD UHMYLENKO has joined U.S. RE Analytics as managing director and principal. He had formerly served as director-enterprise risk management at Standard & Poor's. Prior to Standard & Poor's, Uhmylenko served for 12 years at Aon in various risk management consulting roles. His main area of analytical expertise is decision making under uncertainty, which includes economic capital modeling, dynamic financial analysis and program optimization.

"We're pleased indeed that Vlad is joining U.S. RE Analytics. He is recognized as a thought leader in Enterprise Risk Management. His specialized knowledge and experience working with S&P-rated companies will bring an important new dimension to the U.S. RE Analytics practice," said Tal Piccione, chairman and CEO of U.S. RE Companies, Inc., parent of U.S. RE Analytics.

September 13, 2011

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How Many Injured Workers Die from Opioids?

Just how risky are prescribed opioids for injured workers? And what are the main barriers to cutting this risk? One of the barriers, we shall see, is that conventional claims operations almost certainly have led to underestimating this tragedy.

The Centers for Disease Control and Prevention reports that more than 27,000 people died from all kinds of prescribed drug misadventures in 2007, a number that had risen five-fold since 1990.

Related Coverage Return-to-Work Challenges (12/01/11) Recalling the Crisis of 1991 (11/01/11) Assessing OSHA's Effectiveness (10/15/11) Learning from History (12/01/11) Back Injuries Become Epidemic (10/01/11) Deaths linked specifically to opioids have risen steadily in the U.S. from the late 1990s. In 2008, deaths associated with all prescribed painkillers approached 15,000.

To estimate the toll among injured workers, we are dependent on one research team, supported by the Washington State Department of Labor and Industries, which includes the state's monopolistic state fund.

The team's study of Washington worker death reports from 1996 through 2002 suggests, roughly, that about six injured workers per year definitely or probably died due to accidental overdoses of prescribed opioids. The immediate cause of death was respiratory failure.

The researchers found over this six-year period "a modest overall increase in opioid prescriptions; a dramatic shift from use of Schedule III/IV opioids to use of more potent Schedule II opioids; and among the long-acting opioid prescriptions, a 50 percent increase in average daily morphine equivalent dose." Patients who received higher opioid doses were nine times more likely to overdose than were those receiving low doses.

With the conservative figure of six deaths per year and the fact that Washington holds roughly 2 percent of the nation's population, one can estimate that, at that time, the annual national opioid-related deaths of injured workers nationwide exceeded 200.

That was at the start of the surge in opioid prescribing. Washington researchers tracked opioid related deaths since 2002 and reported this month a disturbing increase, about a doubling or more, of deaths "definitely" related to opioid use through 2009.

The CDC estimates that in 2008, Washington state had an above-average rate of prescribed drug overdoses. But even taking this into account, it is hard to see how total annual deaths in the last decade could be under, say, 200 per year or 2,000 for the entire decade. One could just as reasonably estimated 3,000 for the decade.

An estimate of between 2,000 and 3,000 deaths is buttressed by a close examination of opioid-related deaths by a prominent regional East Coast carrier.

Yet many medical doctors, claims and managed-care professionals show little awareness of anything like this pattern of deaths. Is this admittedly crude estimate of 2,000 deaths a mirage?

The truth, a disturbing one, is likely that standard operating procedures of claims adjusters steered claims departments toward seriously undercounting the number of such deaths. Claims experts said that claims adjusters are often coached not to inquire about the cause of death of a worker who had settled an indemnity claim and continued to use prescribed opioids. These are precisely the workers at greatest risk.

Claims adjusters can be expected to more diligently search out death certificates for workers who died while on disability, to affirmatively close a file. But even this cannot be assured. One retired medical director of a major insurer never had occasion, over decades of service, to review the quality of evidence obtained about deaths.

These opioid-related deaths are the lost, invisible cases. OSHA recording does not pick them up and insurers are not required to report them to state agencies. Had there been more accurate and timely reporting of these deaths, it is likely that the workers' comp system would have responded earlier and more forcefully to the risks inherent in opioid prescribing.

Happily, the tide has turned in Washington.

For publicly sponsored health programs including workers' comp, Washington set a "yellow flag" threshold of a daily dose of 120 milligram in morphine equivalent. The guidelines are available here. Gary Franklin, medical director of Labor and Industries, said that "since late 2009 and 2010, we have seen substantial declines in the highest doses and a decline in mortality in workers' comp for the first time in the U.S."

According to Franklin, the single greatest barrier to bending the curve on this problem is "failure to identify the risk as a public health emergency of the highest order."

Another doctor, employed by a managed care firm, attests to the opportunities and barriers to inducing better opioid prescribing.

Marianne Cloeren is medical director of a company that provides workers' comp case and disability management products and consulting services and has reviewed thousands of workers' comp files in the past few years, most of them complex cases involving work disability and chronic pain.

She said that "chronic opioid prescriptions, usually at high doses, are almost always a major complicating factor in these cases, and I cannot recall a single case in which published opioid management guidelines were being followed."

Cloeren initiated an early intervention approach that kicks in when opioids are prescribed for more than 30 days. "We request a copy of the injured employee's opioid management plan for their claims file. If indicated, resources such as the ACOEM opioid management guidelines and a proprietary activity prescription tool will be shared with treating providers."

Much of Cloeren's work is with injured federal employees. The major barrier to reducing opioid-related risks for these cases is a lack of accountability.

"The treating provider is not required to follow standards," she said. "The claims examiner is not required to review the treatment plan for appropriateness. The injured worker is not required to actively participate in recovery."

Opioid-related deaths of injured workers have been a particularly tragic kind of on-the-job death, as the deaths arise out of legal drug prescriptions. To be sure, many of these deaths involve the additional use of illicit drugs and alcohol. But, in the words of a member of the Washington research team, Michael Von Korff, "our results suggest that many overdoses may occur among people using prescribed opioids."

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Products: Jan. 24, 2012

TECHNOLOGY

ProspX, Inc. announced that HCC Specialty, a leading international specialty insurance underwriter, will join the ProspX platform and participate in ProspX InsiderConnect, an electronic marketing platform to automatically match critical news and information with specific new or renewal business opportunities in a broker's sales pipeline. The targeted insurance industry, line-of-business, and carrier specific information is delivered via a custom-generated e-newsletter.

Related Coverage Target Markets Survey Shines Light on Programs Coverage (11/02/11) Lighter Headwinds Buffet Brokers in Third Quarter (11/03/11) Honoring Worker Safety and Injury Prevention (11/01/11) 12 Executives to Watch in 2012 (12/01/11) Consumed With Risk (12/01/11) OCI, a data integration and software services provider, announced that its leave management system, LeaveXpert, is now offered in two versions: Compliance and Enterprise.OCI's LeaveXpert integrates various types of HR, claims and leave data into a single web-based application to improve legal compliance and yield a high return on investment in your HR department.

Both versions of OCI's LeaveXpert provide improved legal compliance and increased administrative productivity, but the new offerings now allow you to select an FMLA administration and tracking tool or a total absence management solution.

COVERAGES

Travelers today announced the availability of higher limits and broader Care, Custody and Control coverage for oil and gas well operators, non-operators and drilling contractors, who are being asked to assume more financial responsibility for loss or damage to non-owned equipment located at oil or gas lease sites.

Momentous Insurance Brokerage has announced the launch of their Equine Specialty Practice, which provides insurance solutions for private horse owners and horse-related businesses. As part of serving a luxury clientele, they have established deep roots in protecting luxury hobbies, which include owning, riding, and showing horses. Because the equestrian lifestyle can often blend private assets with business enterprise, these individuals need specialists with solid backgrounds in both personal and commercial insurance products.

INSURANCE

XL Group announced that the XL Group of companies has received final approval from the Brazilian insurance and reinsurance regulator, Superintendencia de Seguros Privados (SUSEP), to establish an insurance operation in the country. XL Seguros Brasil S.A. in Sao Paulo will offer a range of Casualty, Property, Professional and Specialty insurance products.

ARMtech Insurance Services, Inc. announced that ARMtech Mobile Applications has been expanded to offer crop insurance quoting and claims submissions. ARMtech' mobile capabilities allow insureds to view their policy information and agents to view their customer data from their smartphones and other mobile devices. The enhanced quoting and claims functionality expands on existing features which include the ability to track commodity prices, search for available insurance products, view actuarial changes, review policyholder and policy information and read agricultural-related news. The ARMtech Mobile Application is available for download through iTunes and the Android Market.

January 24, 2012

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