It's all about the shoes!

Cal-OSHA found Home Depot’s safety policies and prohibition on open-toed or open-heeled shoes did not adequately protect employees. Result was a $11,250 citation, not including the cost of the injury and indirect costs of updating their safety program, appeal, legal fees, investigation time, etc. Click here to find out how to establish a shoe policy

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Subrogation in Workers’ Compensation

An important concept in the world of insurance is subrogation. The idea of subrogation is often confusing for even seasoned insurance professionals. It is important to understand the basics so that companies and their agents can spot the potential for subrogation, since it may mitigate the exposure of a claim, and a corresponding hike in Workers’ Compensation premiums.

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Legal “Double Dipping” Costs Employers

Lately, we have seen an uptick with a Compromise & Release (C&R) Workers’ Compensation Claims. With a C&R the injured employee receives a lump sum amount that includes a buyout of all future medical care. The carrier is “released” of all future exposure.  However, if the employee is still employed, they can file another subsequent claim with the same employer. Even if it is to the same body part, medical care cannot be apportioned. There can only be apportionment to the Permanent Disability portion of the Award.

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Preventing Violence in Our Workplaces

Recently, there seems to be an almost palpable and growing concern of violence occurring in our communities, schools and workplaces. At the same time there is a confusing dynamic. The issue of workplace violence seems to dominate our news feeds (and interest) in a very predictable manner; for a few days, or weeks after a high-profile incident occurs, then the energy fades.

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Defining First Aid Claims in Workers’ Compensation

First aid is one of the most frequent topics of conversation I have with my clients.  The confusion typically arises from two main issues:

  1. The WCIRB (Workers’ Compensation Insurance Rating Bureau in California) rule changes, starting in 2019, which deducts $250 from ALL claims in the X-Mod calculation (more on this later).

  2. The differences between a First Aid designation for Workers’ Compensation insurance purposes, and a first aid incident under the OSHA definitions (listed below).

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Abe Jabhan, JDComment
New “Utilization Review” rules as of 1/1/18 to combat the rise in UR costs

We have seen UR fees run anywhere from $98 to upwards of $9,500 per treatment. 

  • Routine treatment such as PT, diagnostics and consults are usually approved with an average UR fee up to $500 per review.
  • The UR cost drivers are surgeries and opioids/narcotics - whether approved, modified or denied. 
  • We recently saw a TPA charge $9,500 in UR fees for a request for spine surgery because of the unbundling of the Utilization Review and fees.
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