Compensation in Tennessee: Administrative Inventory. in Tennessee: Workers Compensation. Research Institute. Duncan S. Ballantyne

Size: px
Start display at page:

Download "Compensation in Tennessee: Administrative Inventory. in Tennessee: Workers Compensation. Research Institute. Duncan S. Ballantyne"

Transcription

1 Workers Compensation in Tennessee: Workers Compensation in Tennessee: Administrative Inventory Administrative Inventory Duncan S. Ballantyne Workers Compensation Research Institute

2 Workers Compensation in Tennessee: Administrative Inventory Duncan S. Ballantyne WC April 2003 Workers Compensation Research Institute

3 copyright 2003 by the workers compensation research institute all rights reserved. no part of this book may be copied or reproduced in any form or by any means without written permission of the workers compensation research institute. Acknowledgments Library of Congress Cataloging-in-Publication Data Ballantyne, Duncan S. Workers compensation in Tennessee : administrative inventory / Duncan S. Ballantyne. p. cm. WC Includes bibliographical references. ISBN Workers compensation Tennessee Administration. 2. Workers compensation Tennessee Statistics. I. Title. HD U62T dc I am indebted to many people. Within the Institute, Carol Telles and executive director Dr. Richard Victor provided valuable advice, support and internal review. Special thanks to Stephanie Deeley, Jill Lawson, and John Pilkington, who prepared the manuscript with skill and patience. Barbara Kohl added her expert editorial touch and Janet Cocker proofread the report. Technical reviewers Dr. Greg Krohm and Mike Manley offered expert comments and probing questions. I thank them all very much. The Institute received excellent cooperation from the Tennessee Division of Workers Compensation (DWC). My special thanks to administrator Sue Ann Head for her advice, and Charles Dorroh, William Gentry, and Bonnie Hudgens who fielded my many questions and request for information with patience and good humor. Thanks also to other DWC staff (too numerous to name) who so graciously gave of their time to educate me. I am indebted to many members of the Tennessee Workers Compensation Advisory Council for sharing their perspective on how the Tennessee system functions. Special thanks to executive director Linda Hughes and statistical analyst David Wilstermann for sharing their expertise and published data. The public and private people I interviewed helped me to understand how the system functions and to interpret the statute. Their contributions gave the report credibility; but of course they are not responsible for my interpretation of their comments. Any errors in the report are mine. Duncan S. Ballantyne Cambridge, Massachusetts April 2003 publications of the workers compensation research institute do not necessarily reflect the opinions or policies of the institute s research sponsors. v

4 Table of Contents List of Tables List of Figures Executive Summary xi xv xvii 1. Introduction 3 The Purpose of the Study / 3 The Scope of the Study / 4 Research Approach / 5 The Organization of the Report / 5 Change in the System / 6 2. Administration 11 Organization, Functions, and Staffing of Agencies Administering Workers Compensation System / 11 workers compensation division / 11 workers compensation advisory council / 15 Agency Data-Gathering and Analysis Capabilities / Benefits 21 Medical Benefits / 21 medical cost containment policies / 21 Indemnity Benefits / 23 the compensation rate / 23 average weekly wage / 27 maximum compensation and coordination of benefits / 28 vii

5 viii table of contents table of contents ix temporary total disability benefits / 29 temporary partial disability benefits / 29 permanent partial disability benefits / 29 permanent total disability benefits / 34 death benefits / 35 Vocational Rehabilitation Benefits / 36 Special Funds / 36 Initiating and Paying or Denying a Claim / 37 Terminating Temporary Total Disability Benefits / 39 Reopenings and Reconsideration / Dispute Resolution 43 Dispute Prevention / 43 Frequently Disputed Issues / 45 Informal Dispute Resolution Processes at DWC / 45 initiating dispute resolution / 45 arbitration over temporary disability issues and medical benefits / 45 benefit review conferences / 46 Alternative Dispute Resolution / 48 Formal Dispute Resolution / 48 filing / 48 venue shopping / 49 trials / 49 settlements / 50 The Appeals Process / 51 appeals to the state supreme court / 52 Attorney Involvement and Fees / System Performance Measures 55 Benefit Payments and Benefit Growth / 55 Frequency of Benefits / 57 The Size and Type of Benefits / 63 Special Fund Revenues and Expenditures / 64 The Costs of the System / 65 public administration costs / 65 benefit costs / 67 benefit delivery expenses / 67 Injuries and Utilization / 68 Return to Work / 68 Litigiousness / 70 Agency and Court Workload / 70 Settlement Agreements / 78 Promptness of Reporting and Payment / 78 Speed of Resolution / 79 Intrastate Variation / Implications for Policymakers 85 Current Policy Debate / 85 Implications for Tennessee Public Policymakers / 87 is tennessee a high- or low-cost state? / 87 how do adjusted statutory ppd benefits in tennessee compare with statutory ppd benefits in surrounding states? / 93 what is the impact of tennessee s court-based dispute resolution system? / 106 A Lesson for Other States / 110 rules for terminating ttd payments after mmi provide worker safeguards / Attention Points 111 Statistical Appendix 121 Technical Appendix 131 References 137

6 List of Tables 2.1 Data Collection Activities of Tennessee Division of Workers Compensation, 2002 / Aspects of System Performance Tracked or Routinely Reported, 2002 / Benefit Characteristics in Tennessee, January 1, 2003 / Maximum and Minimum Weekly Benefits, / Dispute Resolution Activity, 2001 / Benefit Payments in Tennessee, / Incurred Benefits in Tennessee (Valued at 30 Months from Beginning of Policy Year), / Incurred Benefits in Tennessee (Valued at 18 Months from Beginning of Policy Year), / Frequency of Claims by Benefit Type, Policy Year 1999 / Average Incurred Benefit by Type of Claim, Policy Year 1999 / Second Injury Fund Budget and Expenditures, / Tennessee Division of Workers Compensation Staffing, Budget, and Administrative Expenditures, / Injuries Reported to DWC and OSHA Lost-Workday Cases in Tennessee, / Measures of Litigiousness, / Levels of Agency and Court Activity, / Measures of Informal Dispute Resolution Staff Activity, / Combined Chancery Court and Circuit Court Workers Compensation Activity by District in East Tennessee, / Combined Chancery Court and Circuit Court Workers Compensation Activity by District in Middle Tennessee, / 76 xi

7 xii list of tables list of tables xiii 5.14 Combined Chancery Court and Circuit Court Workers Compensation Activity by District in West Tennessee, / Mean PPD Percentages Awarded by District for East, Middle, and West Tennessee by Type of Award, 2001 / Settlement and Trial Disposition Patterns by Judicial District and Region, 2001 / Key Characteristics of PPD Benefits for Tennessee and Eight Surrounding States, January 1, 2002 / Estimated PPD Benefits for Back Injuries, Return to Work: Tennessee Adjusted Statutory Benefit versus Statutory Benefit for Five Surrounding States, Worker Earning $581 Weekly / Estimated PPD Benefits for Back Injuries, Return to Work: Tennessee Adjusted Statutory Benefit as a Percent of Statutory Benefit for Each of Five Surrounding States, Worker Earning $581 Weekly / Estimated PPD Benefits for Back Injuries, No Return to Work: Tennessee Adjusted Statutory Benefit and Statutory Only Benefit versus Statutory Benefit for Three Surrounding States, Worker Earning $581 Weekly / Estimated PPD Benefits for Back Injuries, No Return to Work: Tennessee Adjusted Statutory Benefit as a Percent of Statutory Benefit for Each of Three Surrounding States, Worker Earning $581 Weekly / Estimated PPD Benefits for Limb Injuries, Return to Work: Tennessee Adjusted Statutory Benefit versus Statutory Benefit for Six Surrounding States, Worker Earning $581 Weekly / Estimated PPD Benefits for Limb Injuries, Return to Work: Tennessee Adjusted Statutory Benefit as a Percent of Statutory Benefit for Each of Six Surrounding States, Worker Earning $581 Weekly / Estimated PPD Benefits for Limb Injuries, No Return to Work: Tennessee Adjusted Statutory Benefit versus Statutory Benefit for Six Surrounding States, Worker Earning $581 Weekly / Estimated PPD Benefits for Limb Injuries, No Return to Work: Tennessee Adjusted Statutory Benefit as a Percent of Statutory Benefit for Each of Six Surrounding States, Worker Earning $581 Weekly / 108 SA.1 Claim Flow Statistics, / 122 SA.2 Claim Flow Activity, / 123 SA.3 Average Incurred Medical and Indemnity Benefits by Type of Claim, / 124 SA.4 Average Incurred Indemnity and Medical Benefit, Indemnity Cases Only, / 126 SA.5 Number of Cases by Disability Classification, / 127 SA.6 Those Interviewed for This Study / 128

8 List of Figures 2.1 Structure of Tennessee Division of Workers Compensation / Compensability Claim Flow / Terminating Temporary Total Disability Payments / Estimated PPD Benefits for Back Injuries in Tennessee Compared with Median of Surrounding States, Worker Earning $581 Weekly, 2002 / Estimated PPD Benefits for Back Injuries in Tennessee Compared with Kentucky, Worker Earning $581 Weekly, 2002 / 104 xv

9 Executive Summary The Tennessee workers compensation system is unlike any other system we have studied; its court-administered system for resolving workers compensation disputes combined with a vocational disability basis for rating permanent partial disability (PPD) benefits can be confusing to the outside observer. The large number of elected chancery court chancellors and circuit court judges (at least 119 in 2001), plus occasional criminal and general sessions court judges located in 31 judicial districts, creates the feeling that there are many workers compensation systems in Tennessee. This local-justice approach, coupled with considerable room for disagreement when determining PPD awards, can give rise to considerable strategic gamesmanship as parties to disputes venue shop and use dueling doctors to support their positions, especially at trial. Even when the case is resolved by mediation at the Division of Workers Compensation (DWC), the expectation of what a chancellor or judge will award in court strongly influences the negotiations. The Current Context 1 Unscheduled PPD benefits were capped at times the permanent impairment rating when the worker returns to work with the preinjury employer at preinjury or higher wages and 6 times when the worker does not. There have been relatively few major changes in the law since legislation in 1992 and The 1992 legislation sharply increased weekly benefit maximums while capping PPD benefits for unscheduled injuries (such as to the back). 1 The 1996 legislation addressed the insurance pricing mechanism. Although there have been few recent legislative changes, this does not mean that all parties are satisfied with the present system. Both sides voice concerns about rising medical benefit costs. These concerns were reflected in 2002 legislation that directed the Tennessee Workers Compensation Advisory Council to study medical cost controls and make recommendaxvii

10 xviii executive summary executive summary xix tions. Both sides also say they need more data to determine how the system as a whole is performing and upon which to make valid interstate comparisons. Insurers, self-insurers, and business representatives express a number of concerns. They say that the vocational disability basis for determining PPD, coupled with the considerable procedural and outcome variability inherent in the courtbased system, creates uncertainty and unnecessarily adds benefit costs and benefit delivery expenses to the system. They say that this contributes to Tennessee businesses lack of competitiveness with surrounding states. Particularly troubling to some large employers is the practice of paying more than impairment only PPD benefits when an employee returns to work at or above the preinjury wage. They advocate statutorily limiting these PPD benefits to impairment only for unscheduled injuries, as is the case in the surrounding states of Alabama, Arkansas, Georgia, Kentucky, and North Carolina. 2 Also, they advocate limiting PPD benefits for scheduled members (such as limbs) to impairment only, or at least capping them in the manner of unscheduled PPD benefits. Business representatives also express concerns about the court-based system and seem to favor a commission-type administrative dispute resolution system. Most workers representatives see the present system as generally in good shape but needing some improvements. In addition to shared concerns about rising medical benefits and a desire to have more data on system performance and outcomes, they object to limiting PPD benefits for scheduled injuries to a fixed number of weeks for each body part. They favor rating these injuries on the basis of the body as a whole. They are also concerned about workers with permanent disabilities who waive their rights to future medical benefits. Another concern is identifying uninsured employers to ensure that workers are covered. Labor representatives also voice the need for more accountability by medical providers, insurers, employers, and litigators. Workers attorneys say that Tennessee s vocational disability approach to rating PPD properly focuses on the worker s ability to earn a living in the future. One attorney says the benefit structure retains humanity. They see the court-based system as a distinct advantage, saying that it is more accessible and offers speedier justice than commission systems in other states. They say that while there is judge shopping and some variability in awards among districts, elected chancellors and judges offer more direct accountability than appointed judges in other systems. They oppose any movement toward a commission system, saying that this approach creates standard justice and introduces a bias in favor of whoever appoints the administrative law judges and appellate commissioners. One would expect the combination of a vocational disability approach to paying PPD benefits and a court-based system to be a recipe for a high benefit-cost system. Yet, it appears that Tennessee would rank in the middle of states nationally and higher than most surrounding states. In the report, we identify some factors that seem to offset relatively more generous PPD benefits. It is important to note that as this study was being conducted, an important data collection and analysis effort was also undertaken. WCRI included Tennessee in its CompScope TM multistate benchmark comparisons for This ongoing effort provides valid interstate comparisons so that public policymakers and other system participants can make informed decisions in future debates. Some CompScope TM data are included in this report. Major Findings Tennessee appears nationally to be a middle-cost state. But this masks two important and offsetting aspects of the system higher frequency of PPD and much higher PPD payments per claim raise costs, and lower percentage of cases that receive indemnity benefits and shorter duration of temporary disability lower costs. Based on insurance rating bureau data for policy year 1997, it is estimated that Tennessee ranked 22nd among 47 jurisdictions (8 percent above the median jurisdiction) according to total (cash plus medical) incurred benefits per 100,000 workers in policy year The same data show that total incurred benefits per 100,000 workers in Tennessee are higher than almost all surrounding states. 4 Tennessee ranked second highest among these states, 19 percent above the median. However, these rankings have some notable limitations: they are dated, are based on insured employers only, and are not adjusted for interstate differences in factors such as wage levels and injury and industry mix. Also, Tennessee s national middle-cost characterization masks two very important, and offsetting, features: (1) a higher frequency of indemnity claims with PPD benefits and lump sums, coupled with a higher (and sometimes much higher) average benefit payment per PPD claim, 2 Other surrounding states do not limit unscheduled PPD benefits to impairment only when the worker returns to work. These states are Mississippi, Missouri, and Virginia. 3 4 The other states are California, Connecticut, Florida, Georgia, Illinois, Indiana, Massachusetts, North Carolina, Pennsylvania, Texas, and Wisconsin. The surrounding states are Alabama, Arkansas, Georgia, Kentucky, Mississippi, Missouri, North Carolina, and Virginia.

11 xx executive summary executive summary xxi and (2) a lower indemnity claim frequency, and, as suggested by CompScope TM data, a lower percentage of claims with more than 7 days lost time and a shorter duration of temporary disability benefits. Tennessee pays higher average PPD benefits than most other states with 7-day waiting periods. Here we refer to two sources of data on PPD benefits. First, we use insurance rating bureau data (for insured employers only) in policy year 1998 to compare Tennessee with 12 other states with 7-day waiting periods. 5 Tennessee ranked fourth highest among these states according to the average incurred amount per claim with PPD and lump-sum payments. Second, WCRI s CompScope TM study indicates that Tennessee had a higher average benefit payment per PPD claim (accident year 1997 claims with more than 7 days of lost time evaluated as of mid-2000) than all nine comparable states studied. 6 Compared with other states that rate PPD according to loss of earning capacity or use a bifurcated approach, average benefit payments per PPD claim in Tennessee were 38 percent higher than the five-state median. 7 Compared with five other states that rate PPD according to impairment only, average PPD benefit payments in Tennessee were 21 percent higher than the five-state median. 8 Thus, when we make apples-to-apples comparisons using WCRI data, average PPD benefits in Tennessee appear higher. In addition, CompScope TM data show that a sizeable proportion (43 percent) of claims with more than 7 days of lost time involve PPD benefits and/or lump sums in Tennessee. We ve identified four system features that help explain why average PPD benefits are higher in Tennessee than in other states with 7-day waiting periods, or the typical state in the CompScope TM study: (1) PPD benefits in Tennessee are based on vocational disability instead of impairment only; (2) Tennessee does not statutorily restrict PPD ratings to impairment only for scheduled losses; (3) unlike most other two-tier PPD states, 9 Tennessee does not statutorily limit PPD ratings for back injuries to impairment only when the worker returns to work and suffers little or no earnings loss; and (4) statutory PPD benefits for back injuries in Tennessee are about 25 to 33 percent higher than the median of five surrounding states. Adjusted statutory PPD benefits are much higher than statutory PPD benefits in most surrounding states. We estimated PPD benefits in Tennessee (based on statutory formulas and mean adjustment factors reported by the Advisory Council in its study of claims closed in 2001) as of January 1, 2002, for a 39-year-old worker (with 12 years of education) with various back and limb impairments and compared these with statutory PPD benefits in surrounding states. We distinguished between return to work at or near pre-injury wages and no return to work. Adjusted statutory PPD benefits for the back injury, return-to-work category in Tennessee ranged from more than two to almost three times that of the median statutory PPD benefit for five surrounding states, depending on the back impairment rating. 10 Adjusted statutory PPD benefits for the back injury noreturn-to-work category in Tennessee ranged from more than two to more than four times that of statutory benefits for comparable states, depending on the back impairment rating. 11 For various limb injuries (arm, finger, foot, hand, and leg), adjusted statutory PPD benefits for the return-to-work and no-return-towork categories in Tennessee ranged from slightly less to more than three times higher than the median statutory benefits in surrounding states, depending on the limb impairment rating Limiting comparisons to states with the same waiting period is important because states with shorter waiting periods would be expected to have a higher proportion of indemnity claims (versus all paid claims) and thus a lower frequency of claims classified as PPD and a lower average cost of PPD claims. The comparison states are Arkansas, Florida, Georgia, Indiana, Kentucky, Nebraska, New Mexico, New Jersey, North Carolina, South Carolina, South Dakota, and Texas. There are eight other states with 7-day waiting periods. However, these states base PPD benefits in whole or in part on wage loss and are not comparable. The other comparison states are California, Connecticut, Florida, Georgia, Illinois, Indiana, North Carolina, Texas, and Wisconsin. Wage-loss states (Massachusetts and Pennsylvania) were excluded from this comparison. The loss-of-earning-capacity states are California and Illinois. North Carolina and Wisconsin use a bifurcated approach, meaning that a combination of methods is used to compensate unscheduled permanent partial disability. These states are Connecticut, Florida, Georgia, Indiana, and Texas Two-tier PPD states provide different PPD benefits based in part on return-to-work status. The other five states for which comparable data are available are Alabama, Arkansas, Georgia, Kentucky, and North Carolina. It is likely that if comparable data were also available for Mississippi, Missouri, and Virginia, the median would have been higher and the differences would not be as great. The three states for which comparable data are available are Georgia, Kentucky, and North Carolina. It is likely that if comparable data were also available for Alabama, Arkansas, Mississippi, Missouri, and Virginia, the median would have been higher and the differences would not be as great. The six states for which comparable data are available are Alabama, Arkansas, Georgia, Kentucky, North Carolina, and Virginia. It is likely that if comparable data were also available for Mississippi and Missouri, the median would have been higher and the differences would not be as great.

12 xxii executive summary executive summary xxiii Tennessee s two-tier PPD benefit structure provides powerful incentives for employers to return employees to work at pre-injury wages. Tennessee s two-tier PPD benefit structure creates large differences between benefits for each tier. Using statutory benefit formulas and mean adjustment factor, we estimate that a worker with a $581 average weekly wage (equal to Tennessee s statewide average wage in 2002) and a 9 percent permanent impairment rating to the back would receive $30,677 if he or she returns to work and $44,620 if he or she does not. 13 Employers and insurers emphasize that this difference provides strong incentives to take injured workers back to work. It is unusual that this option is restricted to the pre-injury employer; most states with two-tier PPD benefit structures also pay the lower tier if the worker finds suitable work with a different employer. Return-to-work incentives are not balanced. If the employee is not able to return to work with the pre-injury employer at the pre-injury wage, there is a reduced incentive for the employee to return to work before entering into a settlement agreement. To do so would likely result in lower PPD benefits. Both sides are concerned about rising total medical costs; available data confirm this concern. Incurred benefit data from insurers only show rising medical costs from policy year 1996 to policy year Incurred medical benefits per worker (adjusted for inflation) grew 10.6 percent annually on average from policy year 1996 to policy year 1999, compared with a drop of 3.1 percent annually on average from policy year 1989 to policy year Incurred benefit data valued at 18 months from the beginning of the policy year (instead of 30 months cited above) suggests that the growth continues (but at a slower rate) into policy year Additional data are needed to confirm that growth is taking place in the self-insured market as well and to explain what is driving medical costs. Tennessee s court-based system does not produce systemwide higher litigation-related expenses. WCRI s CompScope TM report contains data on benefit delivery expenses, defined as the costs to private parties employers, insurers, and workers of processing and resolving claims. 14 CompScope TM data indicate that average Nine percent was chosen because 9.2 percent was the mean permanent impairment rating for body-as-a-whole injuries where employee returned to work for preinjury employer (among cases closed in 2001). Included in benefit delivery expenses are attorneys fees, costs associated with medical cost containment, medical-legal costs, data processing costs, and the costs of other claims-related activities. benefit delivery expenses per 1997 claim with benefit delivery expenses and more than 7 days of lost time (evaluated as of mid-2000) were 8 percent above the 12- state median. While defense attorneys are much more involved in Tennessee than in almost all other CompScope TM states, the average defense attorney payment per 1997 claim with defense attorney payments and more than 7 days of lost time was about equal to the 12-state median, suggesting that the complexity of the courtbased system may not be much greater than the typical state with an administrative adjudication agency. No data are available on comparable costs incurred by workers attorneys and workers attorney involvement. So, we conclude that the court-based system does not produce higher litigation related expenses systemwide. This probably occurs despite trials being more expensive than administrative hearings. It occurs because the court-based system provides incentives for both sides that frequently lead to settlement. We cannot determine whether the heavy reliance on settlements undermines the custom-tailored justice that is one main justification for the court-based system. Given the vocational-disability approach to determining PPD benefits, intrastate variation is inevitable. The issue of variability in Tennessee s court-based system is a serious concern to most employers and insurers. However, when pressed for the primary source of their dissatisfaction, most point to the PPD system. A recent study conducted by the Tennessee Workers Compensation Advisory Council found, for example, that among claims closed in 2001, mean PPD percentages awarded varied from a low of 12.5 in District 5 to a high of 30.8 in District 8 for body-as-a-whole (employee returned to work for the pre-injury employer) injuries and from a low of 21.6 in District 2 to a high of 43.8 in District 13 for bodyas-a-whole (employee did not return to work for the pre-injury employer) injuries. 15 However, the districts may be experiencing different mixes of injuries with different severities, a different industry mix, or other factors related to worker characteristics such as age and gender that influence awards. Thus, we cannot distinguish between differences in judicial decisions and differences due to the mix of claims. Workers representatives and some defense attorneys in Tennessee say that variation is mostly a function of tailoring benefits to the needs of individual workers and, while everyone can cite outliers among judges, the resulting variation in awards and settlements is acceptable public policy. 15 Because of a varying number of awards in each district (as few as six), it is possible that some differences are attributable to the mix of claims, rather than differences among comparable claims.

13 xxiv executive summary executive summary xxv Tennessee s dispute resolution system is accessible; delay is caused by the parties, not the DWC or the courts. Tennessee s local-justice approach makes for an accessible dispute resolution system. DWC officials say that they can always offer the parties a mediation date within 30 days of a request, as required by law. Usually, however, the parties opt for a later date. DWC data show that in 2001, the average interval from request to a mediation conference was 83 days. While no data are available on the interval from court petition filing to a trial, most attorneys on both sides, chancellors, judges, employers, and insurers say that a trial date can be obtained in a matter of weeks if the parties are ready and expedited treatment is requested. Because the courts are required to give priority treatment to workers compensation cases, observers say that court availability is rarely a limiting factor in resolving disputes. Most observers say that it is the parties who often opt for a later court date in order to prepare their case. The same Workers Compensation Advisory Council study found that among claims closed in 2001, the mean interval from maximum medical improvement (MMI) to conclusion was 38.9 weeks. Average death benefits are low compared with other states. According to insurance rating bureau data (for insured employers only) for policy year 1998, Tennessee ranked 41st of 46 jurisdictions concerning average incurred indemnity benefits per death claim. At an average of $69,081, death benefits in Tennessee were about 40 percent of the median jurisdiction. Tennessee ranked lower than all but two surrounding states. At least two features of Tennessee s benefit system seem to contribute to its low ranking. First, Tennessee is one of 12 states that place a statutory maximum on the total amount of death indemnity benefits that can be paid to a spouse and/or a spouse plus children. Second, a spouse without children receives 50 percent of the worker s average weekly wage, instead of the more typical percent. Workers are safeguarded by rules for terminating temporary total disability (TTD) payments and reconsideration of PPD benefits. Tennessee has two unusual system features that address workers concerns commonly expressed in other systems. First, the law allows for continuation of TTD payments after the employee reaches MMI, until the employee is offered a job at a wage equal to or greater than his/her pre-injury wage, until mediation is held or waived, or until 60 days passes, whichever occurs first. The insurer or self-insurer can later take a credit for any weekly benefits paid after MMI as an offset against PPD payments. CompScope TM data show that despite this 60-day provision, the duration of temporary disability benefits is less than in 8 of 11 other states studied. Second, if a worker who has made a successful return to work (and thus PPD benefits are capped at 2.5 times the highest permanent impairment rating) loses that work within 400 weeks of the time the disability rating is made, a new case can be filed and the six-multiplier cap can be applied. Additional Findings Tennessee involves attorneys and settlements more often than other states we have studied. Data from WCRI s CompScope TM report show that defense attorneys are involved more often in Tennessee s court-based system than in 10 of 11 other states studied. Also, 32 percent of claims (with more than 7 days of lost time) result in lump-sum settlements in Tennessee, compared with the 12-state median of 20 percent. This occurs despite the fact that most settlements do not close out future medical payments. Greater attorney involvement and use of lump-sum settlements is probably related to the formality inherent in the court-based system and the subjectivity or wiggle room inherent in the PPD determination process. Disputes over PPD benefits are frequently resolved without resorting to formal medical-legal reports. CompScope TM data indicate that a medicallegal report was used in only 2 percent of claims with more than 7 days of lost time, compared with 11 percent in the median state. According to data from the State of Tennessee Workers Compensation Advisory Council, 74 percent of closed cases examined showed only one permanent impairment rating. Most observers tell us that chancellors, judges, and attorneys often determine the value of settlements based on past experience, using the treating physician s impairment rating as a starting point. They note that adversarial ratings are used more often at trials. Workers attorneys say that unrepresented workers may also be unaware of the option of obtaining a medical-legal examination and accept a settlement offer based only on the treating physician s rating. The state agency measures few aspects of system performance. The DWC collects a fair amount of data but most of the data that are reported are not used by the agency to measure or monitor system performance. For example, the division does not measure whether employers and insurers deliver benefits in a timely and accurate manner.

14 Workers Compensation in Tennessee: Administrative Inventory

15 1 Introduction The Purpose of the Study States sometimes seek to improve their workers compensation systems through internal evaluations; others recognize that similar jurisdictions have struggled with problems comparable to their own. Adapting successful system features from other states may be an efficient method for solving problems, provided that one is mindful of the reality that these features may not work the same way in a different system context. However, there are few sources of reliable information available that describe in detail how various workers compensation systems function in practice. This study is the 32nd in a series of administrative inventories of state workers compensation systems published by the Workers Compensation Research Institute (WCRI). 1 The purpose of this series is to help public policymakers and other participants understand the features of workers compensation systems and make informed interstate comparisons. The intended audience includes public officials, insured and self-insured employers, insurers, workers and their representatives, attorneys, and others interested in the features and operation of state workers compensation systems. The objective of this volume is to describe how the workers compensation system in Tennessee is administered and functions. This volume shares a common 1 Twenty-four states have been studied; eight states have been revisited. 3

16 4 workers compensation in tennessee introduction 5 outline with other WCRI administrative inventories and, as much as possible, addresses the same core issues. Readers who are familiar with the basic components of workers compensation systems should have little difficulty understanding the major features, provisions, and issues of the Tennessee system. The Scope of the Study This inventory addresses 12 core issues of the Tennessee workers compensation system: How is the system administered? What benefits are paid? What is the role of the special funds, and what do they cost? How do claims flow through the system? How quickly are payments initiated and claims resolved? What dispute resolution procedures are used, and to what effect? How are attorneys involved in the system? How litigious is the system? What is the workload of the administration? What are the costs of administration, benefits, claims processing, and litigation? What can other states learn from the Tennessee experience? What aspects of the system deserve special attention or further inquiry? We address these questions for the system in Tennessee as it functioned in mid Data generally are presented for the period from 1992 to 2001, and observations about changes over that period are made where relevant. By examining trends, it is possible to determine how Tennessee s system has changed over time in response to particular problems, policies, and system reforms. It is important to point out that we had no a priori hypotheses guiding this research and that we do not make specific policy recommendations on the basis of our findings. Rather, our goal is to provide a comprehensive, substantive, and objective framework that system participants can use to structure future policy discussions. Research Approach The research conducted in this study is descriptive and seeks to offer a factual assessment of the Tennessee system. We used a five-step approach to gather data and conduct our analysis: 1. Examination of the statute and literature. We began by identifying and reviewing the relevant statutory provisions and literature on the workers compensation system in Tennessee. 2. Semistructured interviews. The purpose of the interviews was to probe beyond the statutory provisions in order to learn how the system operates in practice. The 39 individuals with whom we spoke represent a variety of perspectives: administrators and staff at the Division of Workers Compensation (DWC), staff of the Workers Compensation Advisory Council (WCAC), chancellors, judges, insurers, self-insured employers, attorneys for workers and defense attorneys, representatives of organized labor, and interest groups. The diversity of the perspectives of the respondents helped to ensure balance in the information that we obtained from the interviews. As much as possible (while preserving confidentiality), we describe the affiliation of the respondents when reporting conflicting perspectives on system features and changes. 3. Descriptive analysis of available data. To provide a statistical base for our examination of activities, outcomes, and trends in the system, we collected data for up to 10 years, where possible, from various state and federal agencies, including the DWC, the WCAC, the Tennessee Administrative Office of the Courts, and the National Council on Compensation Insurance (NCCI). All data are from the most recent years available. 4. Collection and analysis of additional data. We asked relevant agency administrators to provide us with supplementary data in order to understand better certain details of the system. 5. Reconciling the information. Finally, we submitted the draft of the report to the individuals we had interviewed and asked them to review our observations for accuracy. The Organization of the Report The report is organized around the questions listed above. Chapter 2 provides an overview of the administration of the Tennessee workers compensation system.

17 6 workers compensation in tennessee introduction 7 It describes the functions, responsibilities, and resources of the agency that deals with workers compensation, the Division of Workers Compensation. In Chapter 3, we describe the types of workers compensation benefits available to injured workers. In Chapter 4, we discuss the informal and formal dispute resolution processes. Chapter 5 describes system outcomes, such as utilization, litigiousness, administrative workload, costs, the timing of payments, and the speed of resolution. The implications of our findings for policymakers are included in Chapter 6. Finally, in Chapter 7, we present those features that we believe to be special strengths of Tennessee s system and note aspects that merit the attention of those interested in improving the system. Change in the System The workers compensation system in Tennessee experienced major legislative changes in 1992 and In 1992, in response to concerns about low maximum weekly benefit levels, a perceived inconsistency in permanent partial disability (PPD) awards, and a need to slow rising medical costs, legislation increased benefits, installed an administrative process at the DWC to reduce litigation, and instituted new medical cost containment measures. The 1992 legislation tied the maximum weekly benefit to the state s average weekly wage (SAWW) and mandated a gradual increase to 100 percent of the SAWW by At the time the legislation was passed, the weekly temporary total disability (TTD) maximum was $294, or about 73 percent of the SAWW. When it went into effect on August 1, 1992, the maximum was set at $318, or 78 percent of the SAWW. The minimum benefit was also tied to the SAWW and scheduled to go up from about 10 percent of the SAWW ($35) to 15 percent ($64.80) effective July 1, Effective August 1, 1992, a 500-week cap on permanent total disability (PTD) benefits was repealed. Benefits are now paid during the period of permanent total disability until the worker is, by age, eligible for full benefits under the Social Security Old Age Insurance Benefit Program. 2 Changes were also made in the award of PPD benefits. In Tennessee, PPD benefits are based on vocational disability. Before 1992, PPD ratings were deter- mined by judges based on a number of factors including the permanent impairment rating; the worker s age, education, training, and occupation; and local labor market conditions. The only limits on a PPD award were the maximum number of weeks for a scheduled loss or 400 weeks for the body as a whole, and the statutory maximum and minimum amounts. Under the 1992 legislation, if a worker with a loss not included in the schedule returns to work with the preinjury employer at the preinjury wage or higher, the PPD rating is limited to 2.5 times the highest permanent medical impairment rating given by a doctor (that rating is based on the latest edition of the American Medical Association s Guides to the Evaluation of Permanent Impairment). If a worker does not return to the preinjury employer at the preinjury wage, the PPD rating is limited to six times the highest permanent medical impairment rating. 3 The objective of this provision was twofold: to make PPD awards more consistent and to limit those awards. Most system participants we interviewed say that the multipliers were instituted as a trade-off for higher weekly benefit maximums. Business favored even more predictability in PPD awards, advocating either basing PPD benefits on impairment only or using a grid system for rating loss-ofwage-earning-capacity factors, but settled for caps. One workers representative says that the agreed-upon multipliers were not determined by any objective process. Rather, they were determined during negotiations. Labor also favored converting the fixed number of weeks for scheduled PPD members to body-as-awhole ratings, but business representatives objected. The result was no multipliers for scheduled losses. Other legislative changes in 1992 focused on curtailing medical cost growth. Effective July 1, 1993, case management and utilization review systems were implemented for claims falling within certain parameters. Case management must be provided whenever a worker is hospitalized overnight, medical costs for the injury exceed $5,000, or lost time reaches a cumulative total of 5 weeks. Utilization review is required in every case with $5,000 or more in total medical costs. This system uses both preadmission review and utilization review of selected outpatient and inpatient health care providers. The legislation established the eightmember Medical Care and Cost Containment Committee to advise the Commissioner of Labor and Workforce Development on issues relating to medical care and cost containment. 2 If the injury occurs after age 60, permanent total disability benefits are payable for a period of 260 weeks, and are reduced by the amount of any old-age Social Security benefits. 3 The provision is applicable only in cases where the permanent impairment rating is established to the body as a whole, as opposed to a scheduled member (e.g., leg, arm, eye). Also, the abovementioned multipliers do not apply if three of four listed criteria are met (see Chapter 3, Unscheduled PPD Benefits, for a discussion of these criteria).

18 8 workers compensation in tennessee introduction 9 The Workers Compensation Specialist Program was also formed under the 1992 legislation. The program was designed to help parties resolve disputes outside the court system by giving specialists the authority to order payment of TTD and medical benefits and by holding benefit review conferences (BRCs). The administrative dispute resolution system began operating on January 1, Other provisions of the 1992 legislation established a seven-member advisory council that makes recommendations about the adoption of rules and regulations and monitors system performance in implementing legislative directives. The legislation also required that employers with high incident rates establish safety committees. And the reforms established the Occupational Safety and Health Grant Program to fund employer activities to educate and train employees or to develop safety and health programs. Legislation in 1996 made primarily administrative and procedural changes to the law and focused on insurance rate making. Some of the most significant provisions are listed below. 4 For injuries occurring on or after January 1, 1997, authorized workers compensation specialists to conduct BRCs (i.e., mediation) to assist in the settlement of cases. These conferences are mandatory unless the parties agree to waive the conference or unless a specialist is not available to hold a conference within 30 days of a request. Injured employees must reach maximum medical improvement (MMI) before requesting a BRC, effective January 1, Permitted the Commissioner of Labor and Workforce Development to approve workers compensation settlement agreements. Previously, only the courts could approve such settlements, effective January 1, Allowed for continuation of TTD payments after the employee reaches MMI, until the employee is offered a job at a wage equal to or greater than his/her preinjury wage, until a BRC is held or waived, or 60 days passes, whichever occurs first, effective July 1, Required that either the Commissioner of Labor and Workforce Development or the courts approve fees for workers attorneys and that the fee shall not exceed 20 percent of the amount of the recovery or award. Fees for defense attorneys are subject to review for reasonableness of the fee and are subject to court approval if the fee exceeds $10,000, 4 effective January 1, The maximum dollar amount is adjusted to reflect the change in the SAWW. In fiscal year 2003 (July 1, 2002 June 30, 2003), the maximum amount was $12, Regarding medical case management, required the Commissioner of Labor and Workforce Development to annually revise threshold levels requiring the use of case managers and studying the use of chiropractors and physical therapists for purposes of including them in utilization review requirements. The law also specifically allows the use of health maintenance organizations (HMOs) and preferred provider organizations (PPOs), effective July 1, Required that the Medical Care and Cost Containment Committee set a maximum fee for obtaining medical deposition in workers compensation cases, effective July 1, Formed the WCAC. Its purpose is to annually review workers compensation in Tennessee and issue an annual report; develop evaluations, statistical reports, and other information from which the general assembly may evaluate the impact of the Reform Act of 1992 and subsequent changes to the workers compensation system; and to issues reports on permanent partial disability, definitions of injury and accident, unsafe workplaces, independent medical examiners, licensure of insurance adjusters, the assigned risk pool, direct assignment of workers compensation insurance, and related issues. The advisory council was also given authority to make recommendations related to the adoption of rules and regulations concerning the method and form of statistical data collection and to monitor the performance of the workers compensation system in implementing legislative directives. The Commissioner of Labor and Workforce Development was given authority to obtain information on workers compensation claims in order to provide information for studies conducted by the advisory council, effective 60 days before July 13, Changed the method of determining workers compensation insurance rates from an administered rating system that set a rate for all insurers to advisory prospective loss costs. Effective July 1, 1996, the NCCI files advisory loss costs and rating values with the Commissioner of Commerce and Insurance. The commissioner must consult with the WCAC before approving any filing. Required the Commissioner of Labor and Workforce Development to implement a public awareness program on worker s compensation fraud, effective July 1, Allowed the Commissioner of Labor and Workforce Development to plan a pilot project to use private attorneys to defend the Second Injury Fund, effective July 1, 1996.

19 10 workers compensation in tennessee Provided for the development of drug-free workplaces that allow the employer to obtain a discount on workers compensation insurance. Also, if the employer has a certified drug-free workplace, the employee must prove that the injury was not caused by intoxication, effective July 1, Required the Commissioner of Labor and Workforce Development to make standards of conduct of insurance adjusters in dealing with workers compensation claims, effective July 1, Administration A joint legislative committee of the General Assembly was created to monitor the implementation of the legislation. Separate legislation in 1996 allowed employers to offset benefits from employer-funded disability plans, if the plan allowed for such an offset. In 1998, Claims Handling Standards were added to the Department of Labor and Workforce Development s rules and regulations. The standards addressed employer reporting requirements, insurer claim investigation, payment or denial of benefits, and changing or stopping benefits. In 2002, the legislature passed a bill charging the advisory council with reporting to the legislature (by December 15, 2002) concerning: (1) The council s findings on methods to control the growth of medical costs in the state; and (2) The council s recommendations on actions to take. Public Chapter 833 of the 2002 Acts (effective July 1, 2002) enables an employer or insurer to overturn a determination of permanent total disability by establishing a procedure whereby the employer or insurer can require an employee who has been adjudged during trial or settlement procedure, to be permanently totally disabled, to submit to periodic examinations. The employer or insurer can seek reevaluation of the employee s status based on the results of an examination. Tennessee observers say that legislative changes to the Tennessee system reflect compromises and an evolution in thinking, rather than the systematic design of a system from scratch. For example, when asked about Tennessee s unique PPD multipliers, most observers say that the multipliers arose more in response to the need to offset rising costs associated with increasing weekly benefit maximums rather than the systematic study of other states PPD systems. In this chapter we describe the administration of the workers compensation system in Tennessee and the organization and staffing of the agencies that play a role in the system. Organization, Functions, and Staffing of Agencies Administering Workers Compensation System The Tennessee workers compensation law was enacted in The Division of Workers Compensation (DWC) is a division of the Tennessee Department of Labor and Workforce Development. The division is responsible for administering the workers compensation program. The Attorney General s Office supervises an attorney representing the DWC in proceedings involving the Second Injury Fund. workers compensation division The DWC is headquartered in Nashville; branch offices are located in Chattanooga, Jackson, Kingsport, Knoxville, and Memphis. There were 117 positions filled as of February Most observers on both sides comment positively about the DWC. In general, most experts we spoke with say that the DWC staff members are knowledgeable and even handed. Some employers and insurers cite workers compensation specialists and the BRC (mediation) process as a system strength, indicating that specialists are both knowledgeable and neutral when dealing with system partici- 11

20 12 workers compensation in tennessee administration 13 pants. One labor representative says that specialists do a good job of advising workers as to their rights under the law. The same person suggests that additional continuing education for specialists might be helpful. Observers on both sides praise DWC management, citing in particular the continuity provided by the current administrator. One labor representative says that a provision in the law prohibiting a new governor from quickly appointing a new administrator contributes to system continuity. 1 As discussed in more detail below, observers on both sides note the lack of information about system performance and trends as a weakness of the DWC. Some also express a general concern about the DWC being underfunded. Administration of the workers compensation system is funded through the general fund. An assessment on employers premiums and on the premium equivalents of self-insured employers and members of self-insurance groups is paid into the general fund. The funds collected go into the general fund for distribution by the legislature. The premium tax was 4.4 percent in Up to 50 percent of the amount collected can be used for the Second Injury Fund. The structure of the DWC is shown in Figure 2.1. The functions of each major component are described below. Office of the Administrator An administrator, who is appointed by the Commissioner of Labor and Workforce Development, heads the division. The current administrator was appointed in The administrator s term of office is 4 years. Her salary was $67,500 in fiscal year Previously, she served as assistant commissioner in the Department of Labor (the former parent agency of the division). Claims and Coverage Each employer subject to the law must file proof of coverage with the division within thirty (30) days after securing coverage. This unit s 23 staff members verify such coverage. Upon receipt of an electronic filing of the proof of coverage, the unit issues a certificate of compliance. Figure 2.1 Claims & Coverage Program Coordinator West Tennessee Memphis Office Jackson Office Structure of Tennessee Division of Workers Compensation Governor Benefit Review Program Coordinator East Tennessee Chattanooga Office Knoxville Office Kingsport Office Commissioner Dept. of Labor & Workforce Development Workers' Compensation Administrator Program Coordinator Middle Tennessee Nashville Office Drug-Free Workplace Fraud Uninsured Employer WC Representative WC Representative Jackson Office WC Representative Knoxville Office Information Services Medical Director 1 A new governor must wait 4 months before appointing a new administrator.

A WCRI FLASHREPORT. Benchmarking Oregon s Permanent Partial Disability Benefits

A WCRI FLASHREPORT. Benchmarking Oregon s Permanent Partial Disability Benefits A WCRI FLASHREPORT Benchmarking s Permanent Partial Disability Benefits Duncan S. Ballantyne (WCRI) Michael Manley (OR Department of Consumer & Business Services) July, 2002 FR-02-01 WCRI FLASHREPORTS

More information

CHAPTER 1. Wyoming Workers Compensation. Workers Compensation Programs Benefit Injured Workers and Employers

CHAPTER 1. Wyoming Workers Compensation. Workers Compensation Programs Benefit Injured Workers and Employers CHAPTER 1 Wyoming Workers Compensation Workers Compensation Programs Benefit Injured Workers and Employers Injured workers receive medical and lost wage benefits, regardless of fault. Employers receive

More information

Current Workers Compensation Law Compared to the 2013 Workers Compensation Reform Act

Current Workers Compensation Law Compared to the 2013 Workers Compensation Reform Act Current Workers Compensation Law Compared to the 2013 Workers Compensation Reform Act Area Addressed Current Law Reform Act Workers Compensation Division The Division of Workers Compensation operates under

More information

PPD Benefits by State

PPD Benefits by State PPD Benefits by State Michigan State University, 2008 A Caution about These Summaries We will list below summaries of how permanent partial benefits are paid in each state. We caution that these are intended

More information

Compensation. in Mississippi: Administrative Inventory. in Mississippi: Workers Compensation. Research Institute. Duncan S.

Compensation. in Mississippi: Administrative Inventory. in Mississippi: Workers Compensation. Research Institute. Duncan S. Workers Compensation in Mississippi: Workers Compensation in Mississippi: Administrative Inventory Administrative Inventory Duncan S. Ballantyne Workers Compensation Research Institute This report is protected

More information

Workers Compensation. in Arizona: Administrative Inventory. in Arizona: Workers Compensation. Research Institute. Duncan S.

Workers Compensation. in Arizona: Administrative Inventory. in Arizona: Workers Compensation. Research Institute. Duncan S. Workers Compensation in Arizona: Workers Compensation in Arizona: Administrative Inventory Administrative Inventory Duncan S. Ballantyne Workers Compensation Research Institute This report is protected

More information

Workers Compensation Research Institute

Workers Compensation Research Institute Workers Compensation in Iowa: WORKERS COMPENSATION IN IOWA: ADMINISTRATIVE INVENTORY Administrative Inventory Duncan S. Ballantyne Workers Compensation Research Institute This report is protected under

More information

Permanent Partial Disability Benefits

Permanent Partial Disability Benefits Permanent Partial Disability Benefits By Edward M. Welch welche@msu.edu Professor and Director Workers' Compensation Center www.lir.msu.edu/wcc School of Labor and Industrial Relations Michigan State University

More information

1 copyright 2012 workers compensation research institute

1 copyright 2012 workers compensation research institute Fees For Worker's Source Of Payments To Worker's Worker's Fee Worker's Fee Formula Alabama Statutory formula: 15% N/A Alaska As stated, 25% of first $1,000 and 10% of 10% of recovery or actual fees, Paid

More information

STATE OF TENNESSEE. Workers Compensation Advisory Council. REPORTS TO THE GENERAL ASSEMBLY and THE SPECIAL JOINT COMMITTEE ON WORKERS COMPENSATION

STATE OF TENNESSEE. Workers Compensation Advisory Council. REPORTS TO THE GENERAL ASSEMBLY and THE SPECIAL JOINT COMMITTEE ON WORKERS COMPENSATION STATE OF TENNESSEE Workers Compensation Advisory Council ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ REPORTS TO THE GENERAL ASSEMBLY and THE SPECIAL JOINT COMMITTEE ON WORKERS COMPENSATION Findings and

More information

COMPARISON OF STATE WORKERS COMPENSATION SYSTEMS. Texas Department of Insurance Workers Compensation Research Group

COMPARISON OF STATE WORKERS COMPENSATION SYSTEMS. Texas Department of Insurance Workers Compensation Research Group COMPARISON OF STATE WORKERS COMPENSATION SYSTEMS Texas Department of Insurance Workers Compensation Research Group 1 Table of Contents Page State Workers Compensation Coverage Requirements..2 Figure 1:

More information

How To Change The Law On Workers Compensation

How To Change The Law On Workers Compensation Overview 2013 Changes to the Tennessee Workers Compensation Act On April 29, 2013 Tennessee Governor Bill Haslam signed into law the Tennessee Workers Compensation Reform Act of 2013 (SB200/HB194). This

More information

Minnesota Workers' Compensation. System Report, 2012. minnesota department of. labor & industry. research and statistics

Minnesota Workers' Compensation. System Report, 2012. minnesota department of. labor & industry. research and statistics Minnesota Workers' Compensation System Report, 2012 minnesota department of labor & industry research and statistics Minnesota Workers Compensation System Report, 2012 by David Berry (principal) Brian

More information

A COMPARISON OF SYSTEM FEATURES: 14 STATES

A COMPARISON OF SYSTEM FEATURES: 14 STATES A COMPARISON OF SYSTEM FEATURES: 14 STATES CAROL A. TELLES RUI YANG RAMONA P. TANABE With the Assistance of Stacey O Brien February 2007 WORKERS COMPENSATION RESEARCH INSTITUTE CAMBRIDGE, MASSACHUSETTS

More information

Tennessee Workers Compensation Data Calendar Years 2001-2010. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation

Tennessee Workers Compensation Data Calendar Years 2001-2010. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation Tennessee Workers Compensation Data Calendar Years 2001-2010 A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation September, 2011 Tennessee Workers Compensation Data Calendar

More information

Comparative Review of Workers Compensation Systems in Select Jurisdictions

Comparative Review of Workers Compensation Systems in Select Jurisdictions of Workers Compensation Systems in Select Jurisdictions JURISDICTION: TEXAS ENVIRONMENT Population Size 19.3 million in 1997. Labour Force 8 million (1997) Demographic and Economic Indicators has enjoyed

More information

Comparing The Indiana Workers Compensation System With Other States

Comparing The Indiana Workers Compensation System With Other States Comparing The Indiana Workers Compensation System With Other States August 8, 2013 Today s Outline About WCRI CompScope Benchmark studies Other WCRI studies Major findings from CompScope Benchmarks, CompScope

More information

Legislative Update. legal challenge to new law. significant changes to oklahoma work comp

Legislative Update. legal challenge to new law. significant changes to oklahoma work comp Quality Insight for Your Industry Legislative Update significant changes to oklahoma work comp Since our last Legislative Update on the new Workers' Compensation system in Oklahoma, the NCCI filed a 12.9%

More information

Tennessee Workers Compensation Data Calendar Years 2003-2012. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation

Tennessee Workers Compensation Data Calendar Years 2003-2012. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation Tennessee Workers Compensation Data Calendar Years 2003-2012 A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation August 2013 Tennessee Workers Compensation Data Calendar

More information

Minnesota Workers' Compensation. System Report, 2006. minnesota department of. labor & industry. Policy Development, Research and Statistics

Minnesota Workers' Compensation. System Report, 2006. minnesota department of. labor & industry. Policy Development, Research and Statistics Minnesota Workers' Compensation System Report, 2006 minnesota department of labor & industry Policy Development, Research and Statistics Minnesota Workers Compensation System Report, 2006 by David Berry

More information

Tennessee Workers Compensation Data Calendar Years 2002-2011. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation

Tennessee Workers Compensation Data Calendar Years 2002-2011. A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation Tennessee Workers Compensation Data Calendar Years 2002-2011 A Report of Statewide Data for the Tennessee Advisory Council on Workers Compensation August, 2012 Tennessee Workers Compensation Data Calendar

More information

Guide for Injured Workers

Guide for Injured Workers Guide for Injured Workers This is a guide to Oklahoma workers' compensation law and rules. It is based on laws and rules in effect in 2015. Laws and rules can change by acts of the Legislature, rulemaking

More information

Tax Research: Understanding Sources of Tax Law (Why my IRC beats your Rev Proc!)

Tax Research: Understanding Sources of Tax Law (Why my IRC beats your Rev Proc!) Tax Research: Understanding Sources of Tax Law (Why my IRC beats your Rev Proc!) Understanding the Federal Courts There are three levels of Federal courts that hear tax cases. At the bottom of the hierarchy,

More information

The Relationship Between Accident Report Lag and Claim Cost in Workers Compensation Insurance

The Relationship Between Accident Report Lag and Claim Cost in Workers Compensation Insurance January 2015 By Thomas Sheppard The Relationship Between Accident Report Lag and Claim Cost in Workers Compensation Insurance INTRODUCTION In 2000, a study by The Hartford [1], using its own data, found

More information

Information for Worker s Compensation Clients

Information for Worker s Compensation Clients Information for Worker s Compensation Clients Overview of the Worker s Compensation Act Indiana Worker s Compensation cases are governed by a State law known as the Worker s Compensation Act. The legislature

More information

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016 2014 Construction of Statute Definition of Injury (Causation) Revises Section 50-6-116, Construction of Chapter, to indicate that for dates of injury on or after July 1, 2014, the chapter should no longer

More information

ANALYSIS OF THE COMMITTEE SUBSTITUTE FOR OKLAHOMA SENATE BILL 1062

ANALYSIS OF THE COMMITTEE SUBSTITUTE FOR OKLAHOMA SENATE BILL 1062 NCCI estimates that replacing the current Oklahoma workers compensation (WC) statutes with the proposed Committee Substitute for Senate Bill 1062 (SB 1062) could result in significant savings in overall

More information

WORKERS COMPENSATION FUNDAMENTALS. Know How to Navigate Your Claim

WORKERS COMPENSATION FUNDAMENTALS. Know How to Navigate Your Claim WORKERS COMPENSATION FUNDAMENTALS Know How to Navigate Your Claim Overview Workers Compensation System Rights and Responsibilities Return to Work Benefits Dispute Resolution Complaints vs Disputes 1 Workers

More information

History of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study

History of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study History of the Workers' Compensation Court For the Senate Joint Resolution No. 23 Study Prepared for the Revenue and Transportation Interim Committee by Megan Moore, Legislative Research Analyst Legislative

More information

How Does the Workers' Compensation System in Florida Compare to Other States?

How Does the Workers' Compensation System in Florida Compare to Other States? How Does the Workers' Compensation System in Florida Compare to Other States? Report Number 2002-117 November 2001 Prepared for The Florida Senate Prepared by Committee on Banking and Insurance Summary...

More information

When the workers compensation system in New York was reformed in 2007, the system worked poorly for both employers and employees.

When the workers compensation system in New York was reformed in 2007, the system worked poorly for both employers and employees. New York's workers' comp: High benefits, higher costs New York s workers' comp benefits have risen to enter the mainstream but they cannot explain why employers costs remain so high By Paul Jahn Executive

More information

Comparative Review of Workers' Compensation Systems in Select Jurisdictions

Comparative Review of Workers' Compensation Systems in Select Jurisdictions of Workers' Compensation Systems in Select Jurisdictions JURISDICTION: WASHINGTON ENVIRONMENT Population Size 5.5 million in 1996. Labor Force 2.8 million in 1996. Demographic and Economic Indicators The

More information

Workers Compensation Cost Data

Workers Compensation Cost Data Workers Compensation Cost Data Edward M. Welch Workers Compensation Center School of Labor and Industrial Relations Michigan State University E-mail: welche@msu.edu Web Page: http://www.lir.msu.edu/wcc/

More information

Overview of Workers Compensation Benefits

Overview of Workers Compensation Benefits Overview of Workers Compensation Benefits Presented to the EAIC 3/30/2010 Ann Clayton Ann Clayton and Associates 1 Source: CompScope : Benchmarks 8 th Edition, The Databook, Workers Compensation Research

More information

2013 Nuts & Bolts Seminar Coralville

2013 Nuts & Bolts Seminar Coralville 2013 Nuts & Bolts Seminar Coralville LITIGATION TRACK Work Comp 101 2:30 pm.-3:30 p.m. Presented by Tim Semelroth RSH Legal 425 Second Street SE, Suite 1140 Cedar Rapids, Iowa 52401 Phone: 319-365-9200

More information

Workers Compensation

Workers Compensation INFORMATION BRIEF Minnesota House of Representatives Research Department 600 State Office Building St. Paul, MN 55155 December 1998 Linda Holmes, Legislative Analyst (651) 296-5059 Workers Compensation

More information

Minnesota Workers' Compensation. System Report, 2011. minnesota department of. labor & industry. research and statistics

Minnesota Workers' Compensation. System Report, 2011. minnesota department of. labor & industry. research and statistics Minnesota Workers' Compensation System Report, 2011 minnesota department of labor & industry research and statistics Minnesota Workers Compensation System Report, 2011 by David Berry (principal) Brian

More information

Florida Workers Compensation: A Guide for the HR Professional

Florida Workers Compensation: A Guide for the HR Professional Florida Workers Compensation: A Guide for the HR Professional Jennifer K. Price, FCAS, MAAA Session Objectives Workers Compensation Basics Florida Reforms, Cost Trends, and Challenges The Patient Protection

More information

(In effect as of January 1, 2003*) TABLE 17. OFFSET PROVISIONS IN STATE WORKERS' COMPENSATION LAWS

(In effect as of January 1, 2003*) TABLE 17. OFFSET PROVISIONS IN STATE WORKERS' COMPENSATION LAWS (In effect as of January 1, 2003*) TABLE 17. OFFSET PROVISIONS IN STATE WORKERS' COMPENSATION LAWS ALASKA Section 23.30.225(a)--When periodic retirement of survivors' benefits are payable under Title II

More information

Guide to On-the-Job Injuries

Guide to On-the-Job Injuries Guide to On-the-Job Injuries in the United States I got hurt on the job. What can I do? If you are hurt on the job you have a right to workers compensation benefits. You have a right to workers compensation

More information

Indemnity Issues. Workers Compensation Benefits Overview - California. Temporary Total Benefits

Indemnity Issues. Workers Compensation Benefits Overview - California. Temporary Total Benefits Major Developments: Last major legislation in 2004 (SB899), affected indemnity rates, disability rating, medical treatment, medical-legal disputes, penalties, and apportionment. 2007 legislation affects

More information

Rights & Obligations under the Nebraska Workers Compensation Law

Rights & Obligations under the Nebraska Workers Compensation Law Nebraska Workers Compensation Court Information Sheet: Rights & Obligations under the Nebraska Workers Compensation Law NEBRASKA WORKERS COMPENSATION COURT OFFICIAL SEAL What is workers compensation? Workers

More information

How To Pay Medical Only Claims On Workers Compensation Claims

How To Pay Medical Only Claims On Workers Compensation Claims Workers Compensation Small Medical-Only Claims: Should an employer pay them or turn them in to the insurance company? by Maureen Gallagher The most common question an insurance agent gets from employers

More information

Steiner, Segal, Muller & Donan

Steiner, Segal, Muller & Donan The Law Firm of Steiner, Segal, Muller & Donan What You Need To Know About Pennsylvania Worker s Compensation Benefits Representing Injured Workers in Pennsylvania for over 25 years! 2401 Pennsylvania

More information

Workers Compensation Claim State Environmental Guide - Tennessee

Workers Compensation Claim State Environmental Guide - Tennessee Workers Compensation Claim State Environmental Guide - Tennessee TENNESSEE http://www.state.tn.us/labor-wfd/wcomp.html Indemnity issues Temporary Total Benefits Temporary Partial Benefits Permanent Partial

More information

INDUSTRIAL COMMISSION OF ARIZONA

INDUSTRIAL COMMISSION OF ARIZONA INDUSTRIAL COMMISSION OF ARIZONA WORKERS COMPENSATION INFORMATION FOR THE INJURED WORKER Phoenix Office: Industrial Commission of Arizona 800 W. Washington Street Phoenix, Arizona 85007-2922 Claims Phone:

More information

Appendix G: Summary of State Studies on Tort Reforms

Appendix G: Summary of State Studies on Tort Reforms Appendix G: Summary of State Studies on Tort Reforms ing Office, Medical Malpractice: SIX State Case Studies Show Claims and Insurance Costs Still Rise Despite Reforms, HRD-87-21 (Washington, DC U S Government

More information

Workers Compensation System in Hawaii March 2008

Workers Compensation System in Hawaii March 2008 Workers Compensation System in Hawaii March 2008 Research and Economic Analysis Division Department of Business, Economic Development and Tourism STATE OF HAWAII PREFACE This report is part of READ s efforts

More information

REPORT OF THE STATE CORPORATION COMMISSION S BUREAU OF INSURANCE ON. Insurance Coverage for Volunteer Firefighters and Rescue Squad Members

REPORT OF THE STATE CORPORATION COMMISSION S BUREAU OF INSURANCE ON. Insurance Coverage for Volunteer Firefighters and Rescue Squad Members REPORT OF THE STATE CORPORATION COMMISSION S BUREAU OF INSURANCE ON Insurance Coverage for Volunteer Firefighters and Rescue Squad Members COMMONWEALTH OF VIRGINIA RICHMOND 2000 Table of Contents EXECUTIVE

More information

Overview of Massachusetts Workers Compensation Law

Overview of Massachusetts Workers Compensation Law COUNSELORS AT LAW Edgewater Office Park 301 Edgewater Place - Suite 330 Wakefield, MA 01880 Edward M. Moriarty, Jr. TELEPHONE: (781) 246-8000 James L. O Brien (1949-2003) FACSIMILE: (781) 246-8080 David

More information

NEGOTIATED WORKERS COMPENSATION PROGRAMS (NWCP) A win-win for Employers, Insurers, Union Employees, and their Joint Health Funds.

NEGOTIATED WORKERS COMPENSATION PROGRAMS (NWCP) A win-win for Employers, Insurers, Union Employees, and their Joint Health Funds. NEGOTIATED WORKERS COMPENSATION PROGRAMS (NWCP) A win-win for Employers, Insurers, Union Employees, and their Joint Health Funds. Specific Statutory Authority Required The following states allow for this

More information

Comparative Review of Workers Compensation Systems in Select Jurisdictions SASKATCHEWAN

Comparative Review of Workers Compensation Systems in Select Jurisdictions SASKATCHEWAN of Workers Compensation Systems in Select Jurisdictions JURISDICTION: SASKATCHEWAN ENVIRONMENT Population Size Labour Force Demographic and Economic Indicators 1,015,600 (1995, Stats Canada) 494,000 (1995,

More information

Lessons from the Oregon Workers Compensation System

Lessons from the Oregon Workers Compensation System Lessons from the Oregon Workers Compensation System Lessons from the Oregon Workers Compensation System Duncan S. Ballantyne Workers Compensation Research Institute This report is protected under Copyright

More information

Introduction to Workers Compensation

Introduction to Workers Compensation Introduction to Workers Compensation FOCUS OF THIS CHAPTER: CHAPTER The focus of this chapter is to introduce the student to the basic concepts in a workers compensation system, including an outline of

More information

A GUIDE TO THE BENEFITS PROVIDED BY THE ILLINOIS WORKERS COMPENSATION ACT

A GUIDE TO THE BENEFITS PROVIDED BY THE ILLINOIS WORKERS COMPENSATION ACT A GUIDE TO THE BENEFITS PROVIDED BY THE ILLINOIS WORKERS COMPENSATION ACT INTRODUCTION The information contained in this booklet is an overview of benefits provided by the Illinois Workers Compensation

More information

Overview of Workers Compensation Benefits

Overview of Workers Compensation Benefits Overview of Workers Compensation Benefits Presented to Montana State Fund Board 3/26/2010 Ann Clayton Ann Clayton and Associates 1 Source: CompScope : Benchmarks 8 th Edition, The Databook, Workers Compensation

More information

An employee s guide to the Minnesota workers compensation system

An employee s guide to the Minnesota workers compensation system An employee s guide to the Minnesota workers compensation system Workers Compensation Division P.O. Box 64221, St. Paul, MN 55164-0221 (651) 284-5005 1-800-342-5354 www.dli.mn.gov/workcomp.asp Minnesota

More information

WCIRB REPORT ON THE STATE OF THE CALIFORNIA WORKERS COMPENSATION INSURANCE SYSTEM

WCIRB REPORT ON THE STATE OF THE CALIFORNIA WORKERS COMPENSATION INSURANCE SYSTEM STATE OF THE SYSTEM WCIRB REPORT ON THE STATE OF THE CALIFORNIA WORKERS COMPENSATION INSURANCE SYSTEM Introduction The workers compensation insurance system in California is over 100 years old. It provides

More information

The 411 on Connecticut Injuries at Work and Workers Compensation

The 411 on Connecticut Injuries at Work and Workers Compensation 52 Holmes Avenue Waterbury, CT 06710 (203) 753-7300 The 411 on Connecticut Injuries at Work and Workers Compensation www.welcomelawfirm.com JWelcome@WelcomeLawFirm.com Injured at Work? What now? If you

More information

General Information on Representing Yourself in a Workers Compensation Case

General Information on Representing Yourself in a Workers Compensation Case General Information on Representing Yourself in a Workers Compensation Case Idaho Industrial Commission PO Box 83720 Boise, ID 83720-0041 Telephone: (208) 334-6000 Fax: (208) 332-7558 www.iic.idaho.gov

More information

Also known as Wage Loss. Calculated as AWW (subject to statutory min/max) minus current earnings, multiplied by 2/3.

Also known as Wage Loss. Calculated as AWW (subject to statutory min/max) minus current earnings, multiplied by 2/3. Workers Compensation Claim Workers Compensation Benefit Overview California Major Developments: Last major legislation in 2004 (SB899), affected indemnity rates, disability rating, medical treatment, medical-legal

More information

Workers Compensation. Inside this Brief. Background Brief on. History in Oregon 1990 Reforms. 1995 Reforms. Management-Labor Advisory Committee

Workers Compensation. Inside this Brief. Background Brief on. History in Oregon 1990 Reforms. 1995 Reforms. Management-Labor Advisory Committee Background Brief on September 2012 Inside this Brief History in Oregon 1990 Reforms 1995 Reforms Management-Labor Advisory Committee Claims Process Medical Service Providers Fatality Benefits Staff and

More information

(In effect as of January 1, 2004*) TABLE 5a. MEDICAL BENEFITS PROVIDED BY WORKERS' COMPENSATION STATUTES FECA LHWCA

(In effect as of January 1, 2004*) TABLE 5a. MEDICAL BENEFITS PROVIDED BY WORKERS' COMPENSATION STATUTES FECA LHWCA (In effect as of January 1, 2004*) TABLE 5a. MEDICAL BENEFITS PROVIDED BY WORKERS' COMPENSATION STATUTES Full Medical Benefits** Alabama Indiana Nebraska South Carolina Alaska Iowa Nevada South Dakota

More information

GAO. FEDERAL EMPLOYERS LIABILITY ACT Issues Associated With Changing How Railroad Work-Related Injuries Are Compensated

GAO. FEDERAL EMPLOYERS LIABILITY ACT Issues Associated With Changing How Railroad Work-Related Injuries Are Compensated GAO August 1996 United States General Accounting Office Report to the Chairwoman, Subcommittee on Railroads, Committee on Transportation and Infrastructure, House of Representatives FEDERAL EMPLOYERS LIABILITY

More information

Quick Guide to Workers Compensation for Small Business

Quick Guide to Workers Compensation for Small Business Quick Guide to Workers Compensation for Small Business Do I Need Workers Compensation Coverage? Generally speaking, businesses must obtain workers compensation coverage if they have employees that are

More information

Worker's Compensation Insurance in Wisconsin THE SYSTEM, THE BENEFITS, THE COSTS A REFERENCE GUIDE FOR EMPLOYERS

Worker's Compensation Insurance in Wisconsin THE SYSTEM, THE BENEFITS, THE COSTS A REFERENCE GUIDE FOR EMPLOYERS Worker's Compensation Insurance in Wisconsin THE SYSTEM, THE BENEFITS, THE COSTS A REFERENCE GUIDE FOR EMPLOYERS This guide is intended to provide a general, non-technical explanation to help employers

More information

Quick Guide to Workers Compensation

Quick Guide to Workers Compensation Quick Guide to Workers Compensation What Is Workers Compensation Insurance? Workers compensation insurance covers businesses for their statutory and legal obligations for employee expenses that are a direct

More information

Hawai i s Workers Compensation System; Coverage, Benefits, Costs: 1994-2004

Hawai i s Workers Compensation System; Coverage, Benefits, Costs: 1994-2004 Hawai i s Workers Compensation System; Coverage, Benefits, Costs: 1994-2004 Lawrence W. Boyd Ph. D. University of Hawaii-West Oahu Center for Labor Education and Research January 12, 2006 1 Introduction

More information

WORKERS COMPENSATION ORKERS OMPENSATION: INJURY

WORKERS COMPENSATION ORKERS OMPENSATION: INJURY WORKERS ORKERS COMPENSATION OMPENSATION: WHAT TO DO IN CASE OF AN ON-THE THE-JOB INJURY In general the purpose of the North Carolina Workers Compensation Act, N.C. G.S. 97-1 et. seq., is to put in place

More information

CHAPTER 5. Emphasis on Formal Hearings By-Passes Other Alternatives for Dispute Resolution. Any Party Can Contest WSCD s Decisions

CHAPTER 5. Emphasis on Formal Hearings By-Passes Other Alternatives for Dispute Resolution. Any Party Can Contest WSCD s Decisions CHAPTER 5 Emphasis on Formal Hearings By-Passes Other Alternatives for Dispute Resolution. WSCD dependence on formal proceedings to resolve disputes has disadvantages. Use of alternative approaches is

More information

Structured Settlement Program

Structured Settlement Program Structured Settlement Program 2014 Annual Report to the Legislature January 2015 Document number: LR 14-01 Available online at: Lni.wa.gov/LegReports Table of Contents Executive Summary... 1 Introduction...

More information

Full Medical Benefits**

Full Medical Benefits** (In effect as of January 1, 2006*) TABLE 5a. MEDICAL BENEFITS PROVIDED BY WORKERS' COMPENSATION STATUTES Full Medical Benefits** Alabama Indiana Nebraska South Carolina Alaska Iowa Nevada South Dakota

More information

An Employee s Guide to the Missouri Workers Compensation System

An Employee s Guide to the Missouri Workers Compensation System An Employee s Guide to the Missouri Workers Compensation System Missouri Department of Labor and Industrial Relations Division of Workers Compensation Important Information You may want to put names and

More information

Overview of the Income Benefit Structure in the Texas Workers Compensation System. Texas Department of Insurance, Division of Workers Compensation

Overview of the Income Benefit Structure in the Texas Workers Compensation System. Texas Department of Insurance, Division of Workers Compensation Overview of the Income Benefit Structure in the Texas Workers Compensation System Texas Department of Insurance, Division of Workers Compensation 1 Workers' compensation will provide benefits if: The injury

More information

Workers Compensation Insurance A Primer

Workers Compensation Insurance A Primer Topics Affecting Buyers of Commercial Insurance MSP C 12/2001 Workers Compensation Benefits A Primer December, 2001 Workers Compensation Insurance A Primer Workers compensation insurance is mandatory in

More information

An Injured Workers Guide to the Workers Compensation Process Table of Contents

An Injured Workers Guide to the Workers Compensation Process Table of Contents An Injured Workers Guide to the Workers Compensation Process Table of Contents I. Claim Information A. General Information 1. What is workers compensation? 2. How do I know if I qualify for Workers Compensation?

More information

Workers Compensation and Seniors

Workers Compensation and Seniors Chapter 10 Workers Compensation and Seniors Gregory B. Cairns, Esq. Cairns & Associates, P.C. SYNOPSIS 10-1. Workers Compensation 10-2. Benefits Available 10-3. Filing a Workers Compensation Claim 10-4.

More information

OKLAHOMA (CURRENT SYSTEM)

OKLAHOMA (CURRENT SYSTEM) OKLAHOMA (CURRENT SYSTEM) 1) MAKE-UP / STRUCTURE The Oklahoma Workers Compensation Court has exclusive jurisdiction (OWCC) over work related injury claims unless the employer fails to carry insurance and

More information

Employer s Handbook. Workers Compensation

Employer s Handbook. Workers Compensation Employer s Handbook Workers Compensation Workers Compensation 101 Table of Contents Contact Information. 3 What is Workers Compensation?... 4-5 What is your role?... 6-7 Workers Compensation Benefits 8-9

More information

MARCH 9, 2015. Referred to Committee on Commerce, Labor and Energy. SUMMARY Makes various changes relating to workers compensation.

MARCH 9, 2015. Referred to Committee on Commerce, Labor and Energy. SUMMARY Makes various changes relating to workers compensation. S.B. SENATE BILL NO. COMMITTEE ON COMMERCE, LABOR AND ENERGY MARCH, 0 Referred to Committee on Commerce, Labor and Energy SUMMARY Makes various changes relating to workers compensation. (BDR -) FISCAL

More information

The Employers Guide to. Pennsylvania s Workers Compensation Law

The Employers Guide to. Pennsylvania s Workers Compensation Law The Employers Guide to Pennsylvania s Workers Compensation Law Table of Contents About this Guide. 3 The Pennsylvania Workers Compensation Act: An Overview for the Pennsylvania Employer....4 Your Duties

More information

Florida Workers Compensation and Attorney Fees April 28, 2016 April 28, 2016 Florida Supreme Court Ruling. Introduction... 1

Florida Workers Compensation and Attorney Fees April 28, 2016 April 28, 2016 Florida Supreme Court Ruling. Introduction... 1 Consulting Actuaries Implications of the April 28, 2016 Florida Supreme Court Ruling on the Unconstitutionality of Florida s Workers Compensation Attorney Fee Schedule Jennifer K. Price, FCAS, MAAA Scott

More information

Minnesota Workers' Compensation. System Report, 2010. minnesota department of. labor & industry. research and statistics

Minnesota Workers' Compensation. System Report, 2010. minnesota department of. labor & industry. research and statistics Minnesota Workers' Compensation System Report, 2010 minnesota department of labor & industry research and statistics Minnesota Workers Compensation System Report, 2010 by David Berry (principal) Brian

More information

LOUISIANA WORKERS COMPENSATION LAW CHANGES 2012

LOUISIANA WORKERS COMPENSATION LAW CHANGES 2012 LOUISIANA WORKERS COMPENSATION LAW CHANGES 2012 The following is a summary of the 2012 legislative amendments to the Louisiana Workers Compensation Act. The major law changes were at the urging of the

More information

Legal notice about a class action settlement involving payment of medical expenses under Liberty auto policies.

Legal notice about a class action settlement involving payment of medical expenses under Liberty auto policies. CIRCUIT COURT OF THE STATE OF ILLINOIS IN THE COUNTY OF ST. CLAIR Legal notice about a class action settlement involving payment of medical expenses under Liberty auto policies. A court authorized this

More information

How To Get A Workers Compensation Rate Decrease In Florida

How To Get A Workers Compensation Rate Decrease In Florida Florida Workers Compensation Insurance Rates Decrease By 5.2% in 2015, Down by More than 57% Since the 2003 Reforms A. Introduction. Rafael Gonzalez Vice President of Strategic Solutions Helios Tampa,

More information

Provided By AdvisorNet Benefits Workers Compensation Employee Benefits

Provided By AdvisorNet Benefits Workers Compensation Employee Benefits Provided By AdvisorNet Workers Compensation Employee Minnesota s workers compensation laws determine the benefits available to employees who are injured in the course and scope of employment. An injury

More information

Collaboration and innovation are top strategies used by states seeking to improve workers compensation programs

Collaboration and innovation are top strategies used by states seeking to improve workers compensation programs Lessons to learn: Collaboration and innovation are top strategies used by states seeking to improve workers compensation programs New York state efforts still mixed, but moving forward the of the industry

More information

ANALYSIS OF PROPOSED BILLS TO REFORM THE WORKERS COMPENSATION SYSTEM

ANALYSIS OF PROPOSED BILLS TO REFORM THE WORKERS COMPENSATION SYSTEM ANALYSIS OF PROPOSED BILLS TO REFORM THE WORKERS COMPENSATION SYSTEM Part O of Senate Bill 2605 / Assembly 3005, which is part of the proposed budget bill introduced by Governor Cuomo proposes to reform

More information

Handbook on Workers Compensation & Occupational Diseases

Handbook on Workers Compensation & Occupational Diseases Handbook on Workers Compensation & Occupational Diseases Presented by: Park District Risk Management Agency P.O. Box 4320 Wheaton, IL 60189-4320 (630) 769-0332 (630) 769-0445 (fax) Illinois Workers Compensation

More information

North Carolina Industrial Commission

North Carolina Industrial Commission North Carolina Industrial Commission North Carolina Industrial Commission COMMISSIONERS: Andrew T. Heath, Chairman Charlton L. Allen Bernadine S. Ballance Linda Cheatham Danny Lee McDonald Tammy R. Nance

More information

STRATEGIES FOR MANAGING WORKERS COMPENSATION EXPERIENCE MODIFICATION FACTORS

STRATEGIES FOR MANAGING WORKERS COMPENSATION EXPERIENCE MODIFICATION FACTORS STRATEGIES FOR MANAGING WORKERS COMPENSATION EXPERIENCE MODIFICATION FACTORS Introduction The National Council on Compensation Insurance (NCCI) recently announced its plan to modify how a company s Experience

More information

Workers' Compensation

Workers' Compensation Workers' Compensation Workers compensation provides benefits to injured employees for accidents or occupational diseases arising out of, and in the course of, their employment. Compensation coverage is

More information

ILLINOIS WORKERS COMPENSATION COMMISSION HANDBOOK OCCUPATIONAL DISEASES AND FOR INJURIES AND ILLNESSES BEFORE 2/1/06

ILLINOIS WORKERS COMPENSATION COMMISSION HANDBOOK OCCUPATIONAL DISEASES AND FOR INJURIES AND ILLNESSES BEFORE 2/1/06 ILLINOIS WORKERS COMPENSATION COMMISSION HANDBOOK ON WORKERS COMPENSATION AND OCCUPATIONAL DISEASES FOR INJURIES AND ILLNESSES BEFORE 2/1/06 ILLINOIS WORKERS COMPENSATION COMMISSION Note: On January 1,

More information

INJURED ON THE JOB? A SUMMARY OF THE RIGHTS AND BENEFITS AVAILABLE TO INJURED WORKERS UNDER ILLINOIS LAW

INJURED ON THE JOB? A SUMMARY OF THE RIGHTS AND BENEFITS AVAILABLE TO INJURED WORKERS UNDER ILLINOIS LAW INJURED ON THE JOB? A SUMMARY OF THE RIGHTS AND BENEFITS AVAILABLE TO INJURED WORKERS UNDER ILLINOIS LAW Law Offices ANESI, OZMON, RODIN, NOVAK & KOHEN, LTD 161 NORTH CLARK STREET AT RANDOLPH 21ST FLOOR

More information

WORKERS COMP 101. Presented by: PGCS/PRU & PGIT

WORKERS COMP 101. Presented by: PGCS/PRU & PGIT WORKERS COMP 101 Presented by: PGCS/PRU & PGIT Discussion Employee Assistance and Ombudsman The Injured Worker The Employer The Insurance Carrier Treating Physician(s) Benefits Calming Claims Light Duty

More information

Social Security Social Website

Social Security Social Website 9126113 SSA- POMS: 0152120.080 Illinois Workers' Compensation (WC)- 09i24/2009 Social Security Social Website E Program Operations Manual System (POMS) Effective Dates: 09/24/2009 - Present BASIC (09-08)

More information

Diana Ferriter, Administrator Employment Relations Division Montana Department of Labor & Industry. A Little History

Diana Ferriter, Administrator Employment Relations Division Montana Department of Labor & Industry. A Little History Diana Ferriter, Administrator Employment Relations Division Montana Department of Labor & Industry 1 A Little History 2006 University of MT Economic Summit MT not competitive with neighboring states due

More information

EXECUTIVE SUMMARY. Associated Industries Of Florida

EXECUTIVE SUMMARY. Associated Industries Of Florida EXECUTIVE SUMMARY Proposed "WORKERS' COMPENSATION REFORM ACT OF 2001 Recommended by Associated Industries Of Florida There is a major crisis looming on the horizon on the Florida's Workers'' Compensation

More information

COMPARISON OF STATE WORKERS COMPENSATION MANAGED CARE PROGRAMS AND FEE SCHEDULES. Texas Department of Insurance Workers Compensation Research Group

COMPARISON OF STATE WORKERS COMPENSATION MANAGED CARE PROGRAMS AND FEE SCHEDULES. Texas Department of Insurance Workers Compensation Research Group COMPARISON OF STATE WORKERS COMPENSATION MANAGED CARE PROGRAMS AND FEE SCHEDULES Texas Department of Insurance Workers Compensation Research Group Table : States with Statutory Workers Compensation Managed

More information