I strongly urge you to read The National Association of Workers’ Compensation Judiciary March 2016 Newsletter for cutting edge information concerning national workers' compensation issues.
Showing posts with label Opt-Out. Show all posts
Showing posts with label Opt-Out. Show all posts
Friday, March 4, 2016
Wednesday, December 11, 2013
Oklahoma workers' compensation opt-out provisions spark judicial questions
Law a high priority The law was a high priority of Gov. Mary Fallin and Republican legislative leaders, who have said it will help businesses by reducing workers' compensation costs. Opponents claim cost savings will come at the expense of injured workers. Oklahoma City attorney John McMurry, who is challenging the law on behalf of two state lawmakers and the Professional Fire Fighters of Oklahoma, argued that not all Oklahoma employers and employees would be treated equally under the law. Employees of companies that opt out of the system would have “fewer rights” than employees of companies that participate in the administrative system, McMurry argued. An employee of an opt-out company who is dissatisfied with the way the employer has handled a claim would first have to appeal to a panel of three persons appointed by the employer, McMurry said. Eventually, the employee would be able to appeal a series... |
Monday, September 30, 2013
Oklahoma: Gov. Fallin's picks for workers comp commission lack experience
Today's post is shared from Tulsworld.com
[Click here to see the rest of this post]
Gov. Mary Fallin's first two appointments to the state's new workers compensation system have no experience in workers compensation law. And that's OK, says Fallin spokesman Alex Weintz. "As a manager and a business leader, Troy Wilson is acutely aware of how workers compensation affects businesses," said Weintz. "As the former director of the Department of Commerce, Jonna Kirschner knows what an obstacle workers comp costs can be to businesses looking to locate here." Wilson, named by Fallin to be the first chairman of the new Workers Compensation Commission, and Kirschner, who is expected to be one of the commission's first administrative law judges, get high marks all around for integrity and general ability. But the enabling legislation creating the new system specifies that commissioners "must have been involved in the workers compensation field for at least three years." Judges, the law says, "shall have not less than three years of workers compensation experience prior to appointment." Wilson is a retired banker, businessman and Xerox executive who was retired comfortably in Florida at the time of his appointment. Kirschner is an attorney who specialized in corporate law before joining the Commerce Department. She is also the daughter of state Supreme Court Justice Yvonne Kauger, which could complicate the court's consideration of a lawsuit challenging the new system's constitutionality. Weintz said questioning Wilson's... |
Saturday, September 7, 2013
Will Labor's Marriage With Industry Result in A Major Workers' Compensation Opt-Out Movement?
The recent emergence of an effort to create mandatory plant representation by organized Labor might be just the thing that tips traditional workers' compensation programs into oblivion. Emerging out of a recent unwinding of the economy, and failed welfare and retirement programs, is an effort to reorganize the US manufacturing sector.
"Volkswagen is working with the United Automobile Workers at its Chattanooga, Tenn., assembly plant on how to unionize the plant and create a German-style works council there, the president of the labor union said on Friday."
Read the complete article, "VW and Its Workers Explore a Union at a Tennessee Plant" (NY Times)
"Volkswagen is working with the United Automobile Workers at its Chattanooga, Tenn., assembly plant on how to unionize the plant and create a German-style works council there, the president of the labor union said on Friday."
Read the complete article, "VW and Its Workers Explore a Union at a Tennessee Plant" (NY Times)
Monday, August 12, 2013
The 10 Top Workers Compensation Blog Posts This Month (July-Aug 2013)
The 10 Top Workers Compensation Blog Posts This Month
(July-Aug 2013)
In order of popularity
Jul 25, 2013,
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Jul 20, 2013,
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Jul 18, 2013,
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Aug 2, 2013,
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Jul 17, 2013,
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Jul 14, 2013,
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Aug 5, 2013,
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Jul 26, 2013,
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Jul 12, 2013,
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Jul 28, 2013,
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Friday, June 21, 2013
A Lesson: The White House Seeks To Enlist LeBron James to Sell Obamacare
After last night's NBA title victory by the Miami Heat*, it has been reported that The Obama Administration is seeking to recruit LeBron James to sell Obamacare (The Affordable Care Act)
Perhaps that idea could be mirrored in the effort to defend traditional workers' compensation programs as more beneficial systems than Opt-Out systems and the denial of benefits for professional athletes.
Read: White House seeks NBA assist on Obamacare
*Heat Melt Spurs To Win Second Consecutive NBA Title
LeBron James had 37 points and 12 rebounds and the Miami Heat repeated as champions with a 95-88 victory over the San Antonio Spurs in Game 7 of the NBA Finals ....
More at NPR.org:
http://n.npr.org/NPRI/
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| Photo Credit: whitehouse.gov |
Read: White House seeks NBA assist on Obamacare
*Heat Melt Spurs To Win Second Consecutive NBA Title
LeBron James had 37 points and 12 rebounds and the Miami Heat repeated as champions with a 95-88 victory over the San Antonio Spurs in Game 7 of the NBA Finals ....
More at NPR.org:
http://n.npr.org/NPRI/
Wednesday, June 5, 2013
More Regulation Called for of State Opt-Out Plans
A recently published report by the New Street Group, sponsored by Sedgwick calls for the intervention of state regulation over workers' compensation opt-out plans. Recognizing the gray line between State and Federal insurance programs, the report concludes that the Federal and state courts may ultimately decide the direction of workers' compensation in the US.
Read more about "opt-out" plans and workers' compensation
Related articles
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| By Peter Rousmaniere and Jack Roberts |
Read more about "opt-out" plans and workers' compensation
May 07, 2013
Governor Mary Fallin today signed into law Senate Bill 1062, a bill that reforms the workers' compensation system in Oklahoma by removing it from the judicial system and making it an administrative process. The bill, by ...
Jun 03, 2013
The Electronic Privacy Information Center, or EPIC, filed a lawsuit against the Department of Homeland Security to establish that all air travelers have the right to opt out of airport body scanners. In additional to the privacy ...
Jan 19, 2013
The US Transportation Safety Administration (TSA) is following the lead on many other countries, including the European Community, and is removing all Backscatter machines from service. While not admitting to the radiation ...
Nov 16, 2012
An activist movement is encouraging individuals to opt-out of going through airport x-ray scanners during Thanksgiving travel. Health concerns have been raised over the use of machines. Many United States unions have ...
Related articles
Monday, June 3, 2013
Monday, May 13, 2013
The Attack on the Citadel: A Potential National Loss
Workers’ Compensation is conceptually changing, and its
extinction is becoming more apparent rather than its transformation. Over the
past decades, the “grand bargain” of Workers’ Compensation had evolved to ease the American industrial/manufacturing revolution forward, without burden from the economic complexities and
ramifications of the Civil Justice System.
“The Promise” made in 1911, with the adoption of the compensation system, is now past history. The demands
of the globalized marketplace have eroded the fortress of workers’ compensation that
protected the rights, safety and lives of American workers.
“The Promise” made in 1911, with the adoption of the compensation system, is now past history. The demands
of the globalized marketplace have eroded the fortress of workers’ compensation that
protected the rights, safety and lives of American workers.
Dynamic developments, occurring at an ever increasing pace, have altered
the landscape and accelerated a devastating attack on the citadel of
workers’ compensation. The root of the cause is economic.
Tuesday, May 7, 2013
Oklahoma Opt-Out Workers' Compensation Law Enacted
Governor Mary Fallin today signed into law Senate Bill 1062, a bill that reforms the workers’ compensation system in Oklahoma by removing it from the judicial system and making it an administrative process. The bill, by Senate President Pro Tem Brian Bingman and House Speaker T.W. Shannon, seeks to reduce costs for businesses by providing for an opt-out of the program.
It moves the state from a court-based workers’ compensation system to an administrative system, allowing for more timely processing of claims and reducing the adversarial nature of the process for both workers and employers.
“For decades, Oklahoma has had one of the most expensive and inefficient workers’ compensation systems in the country, a constant obstacle for business owners looking to expand operations or create more jobs,” Fallin said. “Senate Bill 1062 completely overhauls our flawed workers’ comp system, dramatically reducing the costs to businesses and freeing up private-sector resources that can be invested in jobs rather than lawsuits. Additionally, our reforms ensure injured workers are treated fairly and given the medical care needed to return to work. This is an important pro-growth policy that will help us attract jobs and build a stronger and more prosperous Oklahoma. My thanks go out to Pro Tem Bingman, Speaker Shannon and the entire Legislature forsending this bill to my desk.”
Tuesday, January 1, 2013
Workers’ Compensation 2013 – What Happens on the Other Side of The Fiscal Cliff?
Overall health care devours 18 percent of the US economy and amounts to 25% of the Federal budget.
Medical treatment for injured workers continues to be delayed, denied and limited under current workers’ compensation programs. Medical costs continue to be shifted to other programs including employer based medical care systems and the Federal safety net of Medicare, Medicaid, Veterans Administration and Tricare.
While a trend continues to emerge to offer “Opt Out” and “Carve Out Programs,” they are not global enough to solve the critical budget deficit issues. The latest emerging trend is for employers to utilize ERISA based medical care plans to efficiently delivery medical care. In NJ a limited alternate dispute-resolution procedure between unions and employers has been introduced. See “NJ Care Outs –Another Evolutionary Step” authored by David DePaolo.
The US economy continues to be very weak. This in an ominous signal for the nation’s workers’ compensation program which is starved for premium dollars. Premiums are based upon salaries and real median incomes continued their dramatic decline over the last decade from $54,841 in 2000 to $50,054 in 2011. There just may not be enough dollars available in the workers’ compensation programs to pay for present and lifetime medical care.
Even the present Federal system leaves much to be desired. Whether Federal rationing medical care becomes a reality is unknown. Physicians are under economic scrutiny as the “Doc Fix” to limit provider fees continues as a cloud over all medical programs. The agreement reached by Congress still does not resolve the 26.5% percent cut reimbursement cut to physicians who treat Medicare patients. The law merely "freezes" payment to physicians.
Workers’ compensation programs presently structured provide no real economic incentive to monitor and compensate for more favorable medical outcomes. On the other hand, the Federal government, with broad and sweeping regulatory ability, is able to continue to make strides in many areas including present incentives to hospitals and proposed incentives to physicians to provide medical treatment with fewer complications and ultimate better outcomes
Steven Ratner in the NY Times points out the dramatic increase in the nation’s health care costs. He wrote, “…no budget-busting factor looms larger than the soaring cost of government-financed health care, particularly Medicare and Medicaid.”
Solving the economic gridlock of the country will require an approach to re-invent a medical program for injured workers. A global single-payer program under Federal control will eliminate duplicative administrative State and private efforts. The Federal government has the clout to provide efficient enforcement and co-ordination.
Now that we are on the other side of the fiscal cliff, the opportunity to be creative is possible. The US needs to transition to a single-payer health care system subsuming a medical care program for injured and ill workers who suffer both traumatic and occupational conditions.
Read more about the "single-Payer System" and workers' compensation
Workers' Compensation: A Single Payer System Will Solve the ...
Nov 29, 2012
The question is whether the nation will recognize that the US needs tol take the bold step previously taken by the European Community, finally adopt a single payer medical care program. The perpetual cost generator that ...
http://workers-compensation.blogspot.com/
NJ Urged to Adopt Single Payer System for Workmens Comp
Jun 06, 2011
NJ Urged to Adopt Single Payer System for Workmens Comp. A coalition that has been formed in NJ is urging that the Garden State follow the lead of Vermont and establish a single-payer system. Single-payer movements ...
http://workers-compensation.blogspot.com/
Vermont Single Payer System Called the Dawn of A New Era
Apr 03, 2011
The proposed state based Vermont Single-Payer health care system, that would embrace workers' compensation medical care, is gaining momentum. A recent article in the New England Journal of Medicine, citing increased ...
http://workers-compensation.blogspot.com/
RICO Issues Can Be Cured With A Single Payer Medical System
Mar 22, 2011
Vermont's proposed single payer system would seperate medical care from indemnity. Vermont's single proposed single-payer system would likely also provide a primary care doctor to every resident of Vermont. This would ...
http://workers-compensation.blogspot.com/
Now that we are on the other side of the fiscal cliff, the opportunity to be creative is possible. The US needs to transition to a single-payer health care system subsuming a medical care program for injured and ill workers who suffer both traumatic and occupational conditions.
Read more about the "single-Payer System" and workers' compensation
Workers' Compensation: A Single Payer System Will Solve the ...
Nov 29, 2012
The question is whether the nation will recognize that the US needs tol take the bold step previously taken by the European Community, finally adopt a single payer medical care program. The perpetual cost generator that ...
http://workers-compensation.blogspot.com/
NJ Urged to Adopt Single Payer System for Workmens Comp
Jun 06, 2011
NJ Urged to Adopt Single Payer System for Workmens Comp. A coalition that has been formed in NJ is urging that the Garden State follow the lead of Vermont and establish a single-payer system. Single-payer movements ...
http://workers-compensation.blogspot.com/
Vermont Single Payer System Called the Dawn of A New Era
Apr 03, 2011
The proposed state based Vermont Single-Payer health care system, that would embrace workers' compensation medical care, is gaining momentum. A recent article in the New England Journal of Medicine, citing increased ...
http://workers-compensation.blogspot.com/
RICO Issues Can Be Cured With A Single Payer Medical System
Mar 22, 2011
Vermont's proposed single payer system would seperate medical care from indemnity. Vermont's single proposed single-payer system would likely also provide a primary care doctor to every resident of Vermont. This would ...
http://workers-compensation.blogspot.com/
Related articles
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