Today's post is shared from reduceyourworkerscomp.com/ Employers get little to no relief from state workers compensation second injury funds. Many state second injury laws are weak, ill defined, are hard to penetrate, and may lack proper funding. Rules and regulations make it hard for a claim to be acceptance by a second injury fund. Funding programs for second injury funds vary greatly. Some are funded from insurance carrier premium assessments. Others are funded from state budgets and legislative action. Most funding programs may fail to meet the fund exposures or liabilities. This means that even if a claim is accepted by a fund, the employer may not be able to recover their expended funds. The employer has to handle and pay the claim before seeking reimbursement from the second injury fund. Second Injury Funds and rules became prevalent after World War II as a program to induce employers to hire handicapped veterans. By then workers compensation law, legal precedent, and regulation had clearly established that the employer took the employee as is. This meant any employee with an underlying pathology or disability, who sustained a compensable injury which aggravated or increased the overall heath or disability costs had to be borne by the employer. The second injury fund program gave the employer relief from the expense of the aggravation or increased disability. The fund would take over the claim handling and cost after certain set periods of time... |
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Showing posts sorted by date for query second injury fund. Sort by relevance Show all posts
Showing posts sorted by date for query second injury fund. Sort by relevance Show all posts
Sunday, December 21, 2014
Close Down All Second Injury Funds?
Tuesday, June 24, 2014
Stay Safe During Lightning
Protect yourself and your loved ones from lightning during a thunderstorm.
The weather forecast calls for a slight chance of thunderstorms, but you can only see a few fluffy white clouds overhead. So you and your tennis partner grab your racquets and balls and head for the tennis court. You spend a few minutes warming up and then—wait! Is that thunder you hear? Was that a lightning flash?
What do you do? Keep playing until the thunder and lightning get closer? Go sit on the metal bench under the trees to see what happens? Or get in your car and drive home?
Correct answer: If no substantial, non-concrete shelter is nearby, get in your car and wait out the storm.
Why? Because being outside when lightning is present is not something to take lightly—ever.
Risks of lightning strikes
Although the odds of being struck by lightning in a given year are only around 1 in 500,000, some factors can put you at greater risk. Lightning most often strikes people who work outside or engage in outdoor recreational activities. Regional and seasonal differences can also affect your risk of being injured by lightning.
Alabama, Colorado, Florida, Georgia, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, and Texas have the most lightning deaths and injuries [634 KB]. Florida is considered the "lightning capital" of the country, with more than 2,000 lightning injuries over the past 50 years.
The consequences of lightning strikes are serious....
[Click here to see the rest of this post]
The weather forecast calls for a slight chance of thunderstorms, but you can only see a few fluffy white clouds overhead. So you and your tennis partner grab your racquets and balls and head for the tennis court. You spend a few minutes warming up and then—wait! Is that thunder you hear? Was that a lightning flash?
What do you do? Keep playing until the thunder and lightning get closer? Go sit on the metal bench under the trees to see what happens? Or get in your car and drive home?
Correct answer: If no substantial, non-concrete shelter is nearby, get in your car and wait out the storm.
Why? Because being outside when lightning is present is not something to take lightly—ever.
Risks of lightning strikes
Although the odds of being struck by lightning in a given year are only around 1 in 500,000, some factors can put you at greater risk. Lightning most often strikes people who work outside or engage in outdoor recreational activities. Regional and seasonal differences can also affect your risk of being injured by lightning.
Alabama, Colorado, Florida, Georgia, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, and Texas have the most lightning deaths and injuries [634 KB]. Florida is considered the "lightning capital" of the country, with more than 2,000 lightning injuries over the past 50 years.
The consequences of lightning strikes are serious....
[Click here to see the rest of this post]
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- Drive Safely Work Week (workers-compensation.blogspot.com)
- Examining the Reality of Workers' Memorial Day (workers-compensation.blogspot.com)
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- Tips for Disabled Persons to Prepare for a Hurricane (workers-compensation.blogspot.com)
- Summer Means Safety Reminders for Teen Workers (workers-compensation.blogspot.com)
- Federal Court Dismisses Lawsuit to Preserve Missouri Second Injury Fund (workers-compensation.blogspot.com)
Tuesday, February 18, 2014
Just Published: 2014 Update - Gelman on Workers' Compensation Law
Jon Gelman’s newly revised and updated treatise on Workers’ Compensation Law has just been published by West Group of Egan, MN. The treatise is the most complete work available on NJ Workers’ Compensation law.
The work offers an in-depth and insightful analysis that provides a quick and accurate guidance to those who practice workplace injury law. Time-saving comments and instructions shorten the claims process and expedite handling of issues.
New areas of the law reviewed:
The newly enacted SMART Act (The Strengthening Medicare and Repaying Taxpayers Act of 2012), and the proposed Regulations, are discussed at length in this supplement. The newly enacted statutory provision concerning balance billing and expanded jurisdiction of the Workers’ Compensation Court is reviewed. The launch of COURTS 4, the expanded workers’ compensation electronic filing system, implementing e-filing of Notice of Motions, is explained along with accompanying sample forms, codes, and instructions for filing/service. The statutory extension of lifetime benefits embodied in recent legislation for surviving spouses of police and fire department employees, who are fatally injured in-the-line of duty, is discussed. The recent case law concerning the second-prong of the “context test” involving the “Exclusivity Doctrine” is reviewed
New 2014 Section Sections include:
--Dependency—Surviving spouse of police or fire department killed in the line of duty [12.14.50]
--Case organization utilization reporting tracking system (COURTS)—Court proceeding type codes [25.22.30]
--Case organization utilization reporting tracking system (COURTS)—E-filing of motions—General motion [25.22.40]
Gelman on Workers’Compensation Law is exclusively integrated into the entire world-wide leading legal research network of West Group-Reuters-Thomson publications.
It is now available, in print, on CD-Rom and online via Westlaw™ and WestlawNext™. [Westlaw Database Identifier NJPRAC]
Jon L. Gelman is nationally recognized as an author, lecturer and skilled trial attorney in the field of workers’ compensation law and occupational/environmental disease litigation. Over a career spanning more than three decades he has been involved in complex litigation involving thousands of clients challenging the mega-industries of: asbestos, tobacco and lead paint. Gelman is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). He is the former Vice-President of The Workers Injury Law & Advocacy Group (WILG) and a charter member of The College of Workers' Compensation Lawyers. Jon is a founder of the Nancy R. Gelman Foundation Inc., which seeks to fund innovative research to cure breast cancer. He is also an avid photographer. jon@gelmans.com -www.gelmans.com
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Thursday, February 13, 2014
Missouri Further Defines Permanent Total Disability
"The PTD test is whether the worker can compete in the open labor market.
Schussler, 393 S.W.3d at 96. A worker who cannot return to any normal or
reasonable employment is totally disabled; she need not be inert or completely
inactive. Id. “The key question is whether any employer in the ordinary course of
business would reasonably be expected to hire the worker in his or her current
physical condition.” Id. "
MARLENE STEWART, Respondent vs. CLINT ZWIEFEL, TREASURER OF THE STATE OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND, Appellant
No. SD32827 ) FILED: February 10, 2014
Schussler, 393 S.W.3d at 96. A worker who cannot return to any normal or
reasonable employment is totally disabled; she need not be inert or completely
inactive. Id. “The key question is whether any employer in the ordinary course of
business would reasonably be expected to hire the worker in his or her current
physical condition.” Id. "
MARLENE STEWART, Respondent vs. CLINT ZWIEFEL, TREASURER OF THE STATE OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND, Appellant
No. SD32827 ) FILED: February 10, 2014
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- NJ COLA Bill Passed by Senate (workers-compensation.blogspot.com)
- Study: Calif. workers compensation overhaul too new to parse (workers-compensation.blogspot.com)
- Raising the Minimum Wage Is Good for the Economy (workers-compensation.blogspot.com)
Tuesday, December 3, 2013
NJ COLA Bill - Legislative Hearing Scheduled
The NJ Senate Budget and Appropriations Committee will hold a public hearing on a pending COLA bill S613 to increase benefits on 12/5/2013 1:00:00 PM.
The Senate Labor Committee report
The Senate Labor Committee reports favorably and with
committee amendments Senate Bill No. 613.
As amended by the committee, this bill provides, from July 1, 2013
forward, an annual cost of living adjustment (COLA) in the weekly
workers' compensation benefit rate for any worker who has become
totally and permanently disabled from a workplace injury at any time
after December 31, 1979 and for the surviving dependents of any
worker who died from a workplace injury after December 31, 1979.
The COLA would be an amount such that, when added to the
workers' compensation weekly benefit rate initially awarded, the sum
will bear the same percentage relationship to the maximum benefit rate
at the time of the adjustment that the initial rate bore to the maximum
rate at the time of the initial award, except that:
1. The bill reduces the amount of the adjustment as much as
necessary to ensure that the sum of the adjustment and the amount
initially awarded does not exceed the amount which would cause any
reduction of disability benefits payable under the Federal Old Age,
Survivors and Disability Act; and
2. The bill reduces the supplemental workers’ compensation
benefits (but not regular workers’ compensation) for claimants injured
after 1979 by the amount of any Social Security benefits (other than
Social Security disability benefits and any increases in Social Security
benefits due to federal statutory changes after May 31, 1980), Black
Lung benefits, or the employer’s share of disability pension payments
received from or on account of an employer, except that if the worker's
original workers' compensation award was already reduced under
current law, there would be no further reduction of the supplemental
benefits under the bill.
These reductions parallel the reductions provided under current
law for claimants who were injured before 1980. The bill also
provides that no supplemental benefits would be paid in any case
where they are calculated to be less than $5 per week.
Current law requires such annual adjustments in the rate of
workers' compensation benefits for death and permanent total
disability to be paid from the Second Injury Fund (SIF), but only for
cases of injury or death occurring before January 1, 1980. The bill
extends the adjustments paid from the SIF to claims originating after
December 31, 1979, although the adjustments would apply only to
benefits paid on those claims after July 1, 2013, thus avoiding a
backlog of retroactive benefits.
The bill provides that supplemental payments will commence only
after SIF assessments are sufficient to pay them without using General
Fund money. The supplemental benefit payments would start on July
1, 2013 and the Department of Labor and Workforce Development is
required to take into account the supplemental benefits when
calculating the amount of the Second Injury Fund assessment which
starts on January 1, 2013, thus avoiding the need for any General Fund
appropriation.
To avoid an abrupt fiscal impact on the workers’ compensation
system, the bill provides that one third of the supplemental benefit rate
be paid during the first year, two thirds of the rate be paid during the
second year and the full amount be paid during the third and
subsequent years.
The bill sets time limits for workers’ compensation insurers and
self-insured employers to notify the SIF when supplemental workers’
compensation benefits are required under the bill. An insurer or selfinsured
employer is required to provide the notice not more than 60
days after the supplement is awarded or voluntary payment is to begin.
If a failure to notify results in the payment of an incorrect amount of
benefits, the liability for the payment of the supplemental benefits is
transferred from the SIF to the insurer or employer until the required
notice is provided.
The bill makes no change in the provisions of sections 1 and 9 of
P.L.1980, c.83 (C.34:15-95.4 and 34:15-95.5), which provide for the
reduction of certain portions of workers' compensation benefits by the
amount of Social Security disability benefits paid. In addition, the bill
expressly states that the supplemental benefits shall not be paid in a
manner which in any way changes or modifies the provisions of those
sections. The bill, therefore, will have no effect on existing provisions
of State and federal law regarding offsets between workers'
compensation and federal Social Security disability benefits.
The committee amendments provide that the application of the cost
of living adjustment commence on July 1, 2013, instead of July 1,
2011.
This bill was pre-filed for introduction in the 2012-2013 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.
The Senate Labor Committee report
The Senate Labor Committee reports favorably and with
committee amendments Senate Bill No. 613.
As amended by the committee, this bill provides, from July 1, 2013
forward, an annual cost of living adjustment (COLA) in the weekly
workers' compensation benefit rate for any worker who has become
totally and permanently disabled from a workplace injury at any time
after December 31, 1979 and for the surviving dependents of any
worker who died from a workplace injury after December 31, 1979.
The COLA would be an amount such that, when added to the
workers' compensation weekly benefit rate initially awarded, the sum
will bear the same percentage relationship to the maximum benefit rate
at the time of the adjustment that the initial rate bore to the maximum
rate at the time of the initial award, except that:
1. The bill reduces the amount of the adjustment as much as
necessary to ensure that the sum of the adjustment and the amount
initially awarded does not exceed the amount which would cause any
reduction of disability benefits payable under the Federal Old Age,
Survivors and Disability Act; and
2. The bill reduces the supplemental workers’ compensation
benefits (but not regular workers’ compensation) for claimants injured
after 1979 by the amount of any Social Security benefits (other than
Social Security disability benefits and any increases in Social Security
benefits due to federal statutory changes after May 31, 1980), Black
Lung benefits, or the employer’s share of disability pension payments
received from or on account of an employer, except that if the worker's
original workers' compensation award was already reduced under
current law, there would be no further reduction of the supplemental
benefits under the bill.
These reductions parallel the reductions provided under current
law for claimants who were injured before 1980. The bill also
provides that no supplemental benefits would be paid in any case
where they are calculated to be less than $5 per week.
Current law requires such annual adjustments in the rate of
workers' compensation benefits for death and permanent total
disability to be paid from the Second Injury Fund (SIF), but only for
cases of injury or death occurring before January 1, 1980. The bill
extends the adjustments paid from the SIF to claims originating after
December 31, 1979, although the adjustments would apply only to
benefits paid on those claims after July 1, 2013, thus avoiding a
backlog of retroactive benefits.
The bill provides that supplemental payments will commence only
after SIF assessments are sufficient to pay them without using General
Fund money. The supplemental benefit payments would start on July
1, 2013 and the Department of Labor and Workforce Development is
required to take into account the supplemental benefits when
calculating the amount of the Second Injury Fund assessment which
starts on January 1, 2013, thus avoiding the need for any General Fund
appropriation.
To avoid an abrupt fiscal impact on the workers’ compensation
system, the bill provides that one third of the supplemental benefit rate
be paid during the first year, two thirds of the rate be paid during the
second year and the full amount be paid during the third and
subsequent years.
The bill sets time limits for workers’ compensation insurers and
self-insured employers to notify the SIF when supplemental workers’
compensation benefits are required under the bill. An insurer or selfinsured
employer is required to provide the notice not more than 60
days after the supplement is awarded or voluntary payment is to begin.
If a failure to notify results in the payment of an incorrect amount of
benefits, the liability for the payment of the supplemental benefits is
transferred from the SIF to the insurer or employer until the required
notice is provided.
The bill makes no change in the provisions of sections 1 and 9 of
P.L.1980, c.83 (C.34:15-95.4 and 34:15-95.5), which provide for the
reduction of certain portions of workers' compensation benefits by the
amount of Social Security disability benefits paid. In addition, the bill
expressly states that the supplemental benefits shall not be paid in a
manner which in any way changes or modifies the provisions of those
sections. The bill, therefore, will have no effect on existing provisions
of State and federal law regarding offsets between workers'
compensation and federal Social Security disability benefits.
The committee amendments provide that the application of the cost
of living adjustment commence on July 1, 2013, instead of July 1,
2011.
This bill was pre-filed for introduction in the 2012-2013 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
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- John Burton Reports on Workers' Compensation Insurance Industry Underwriting Results (workers-compensation.blogspot.com)
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Saturday, November 30, 2013
Hip Replacement Lawsuit: ASR Settlement ($2.5 Billion) Benefits Announced
The settlement terms of the ASR HIp Implant lawsuit have been announced:
The ASR Settlement provides for three basic areas of compensation.
The first is a Base Payment to all ASR Claimants (XL and resurfacing) who have undergone a revision surgery, removing the
acetabular cup, prior to August 31, 2013.
The second is for Claimants who have undergone a revision surgery in both their left and right hips (Bilateral Claimants).
The third addresses patients who have suffered a variety of medical complications following a revision surgery (Extraordinary Injury Fund).
In addition, the Settlement provides for the resolution of healthcare insurance liens for
medical costs that are directly associated with the revision surgery, at no additional cost to the
claimant.
Click here to read the complete press release issued by the Settlement Oversight Committee
Click here to read about the lawsuit.
The ASR Settlement provides for three basic areas of compensation.
The first is a Base Payment to all ASR Claimants (XL and resurfacing) who have undergone a revision surgery, removing the
acetabular cup, prior to August 31, 2013.
The second is for Claimants who have undergone a revision surgery in both their left and right hips (Bilateral Claimants).
The third addresses patients who have suffered a variety of medical complications following a revision surgery (Extraordinary Injury Fund).
In addition, the Settlement provides for the resolution of healthcare insurance liens for
medical costs that are directly associated with the revision surgery, at no additional cost to the
claimant.
Click here to read the complete press release issued by the Settlement Oversight Committee
Click here to read about the lawsuit.
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
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- Florida Upholds Low Counsel Fees (workers-compensation.blogspot.com)
- Johnson & Johnson hip implant settlement price could soar above $4 billion (workers-compensation.blogspot.com)
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Tuesday, November 26, 2013
NJ Workers Compensation Rates 2014
Revision of Rates and Rating Values – Effective January 1, 2014
The Commissioner of Banking and Insurance (“Commissioner”) has approved a 3.6%
increase in rates and rating values applicable to New Jersey workers compensation and employers
liability insurance effective January 1, 2014 on a new and renewal basis. The rating components of the increase are summarized below.
PREMIUM AND LOSS EXPERIENCE
Analysis of data for the latest two complete policy years and the latest calendar-accident
year, following adjustment to present premium and benefit levels, using paid and incurred losses
separately, indicates a premium level adjustment factor of 0.979 (-2.1%) due to experience.
A trend factor of 1.055 (+5.5%) is included to recognize changing exposures and losses.
The Commissioner of Banking and Insurance (“Commissioner”) has approved a 3.6%
increase in rates and rating values applicable to New Jersey workers compensation and employers
liability insurance effective January 1, 2014 on a new and renewal basis. The rating components of the increase are summarized below.
PREMIUM AND LOSS EXPERIENCE
Analysis of data for the latest two complete policy years and the latest calendar-accident
year, following adjustment to present premium and benefit levels, using paid and incurred losses
separately, indicates a premium level adjustment factor of 0.979 (-2.1%) due to experience.
A trend factor of 1.055 (+5.5%) is included to recognize changing exposures and losses.
BENEFIT CHANGES
Effective January 1, 2014, the maximum weekly benefit with respect to all types of injuries,
except permanent partial disabilities, will be changed from $826 to $843. The minimum weekly benefit will be changed from $220 to $225. In cases involving permanent partial disabilities, the present maximum weekly benefits ranging from $220 to $826, varying on the basis of duration of disability, will be changed to $225 and $843, respectively. The minimum weekly benefit for permanent partial injuries will remain at $35. The effect of the changes to the minimum and maximum weekly benefits results in a premium level adjustment factor of 1.007 (+0.7%) due to benefits.
EXPENSES
There is need for decreases in the provisions for Loss Adjustment Expense, the Security
Fund and Bureau Expense. The changes to the expense provisions result in a premium level adjustment factor of 0.996 (-0.4%).
OVERALL PREMIUM/RATE LEVEL CHANGE
The combined effect of the above adjustment factors results in an indicated premium level
adjustment factor of 1.036 (+3.6%). The rate level adjustment is also an increase of +3.6%.
CATASTROPHE PROVISIONS
A Terrorism Premium Charge of $0.03 per unit of exposure applies to all policies except
for the exclusions in 3:9-2 and 3:9-5 of the Manual. Upward deviation from the $0.03 rate is
permissible.
A Catastrophe (Other than Certified Acts of Terrorism) Premium Charge of $0.01 per
unit of exposure applies to all policies except for the exclusions in 3:9-9 and 3:9-12 of the Manual.
CLASSIFICATION RATES
The adjustment of classification rate relativity is based on the policy experience for 2006
through 2010, as reported through the Statistical Plan. The changes in the rates for the individual
classifications including those in the Admiralty and Federal Employers Liability Act coverage are
supported by, and derived from, the experience.
There are 572 classifications in the Manual effective January 1, 2014 including the codes to
accommodate Federal employments. Eight classifications carry no rate assignment. Of the remainder, 381 will experience increased rates, the rates for 167 classes will decrease, and 16 are unchanged. There are no changes to the annual policy charges for private estate or residence employees as set forth in 3:5-12 of the Manual.
In order to comply with the decision of the Commissioner, changes in manual rates for any
classification have been limited to an increase of 15% from last year’s rate. The increase percentage applicable to non "F" classifications when coverage is provided under the United States Longshore and Harbor Workers Compensation Act remains unchanged at 50%.
MINIMUM PREMIUM FORMULA
The minimum premium multiplier is increased from 100 to 150 and the maximum
minimum premium is increased from $850 to $900. The change to premium resulting from the new
rating values in the minimum premium formula is minimal and does not impact the overall rate level.
Special minimum premiums applicable to private residence classifications and to classifications subject to Maritime or Federal Employers Liability Act coverage are not affected.
SURCHARGES
New Jersey law mandates application of separate policyholder surcharges to finance the
Second Injury and Uninsured Employers’ Funds. Based on the Department of Labor and Workforce
Development’s estimate of 2014 Fund requirements, the policyholder surcharge percentages effective January 1, 2014, on a new and renewal basis to be applied to the modified premium are:
Second Injury Fund 6.56%
Uninsured Employers’ Fund 0.00%
Effective January 1, 2014, the maximum weekly benefit with respect to all types of injuries,
except permanent partial disabilities, will be changed from $826 to $843. The minimum weekly benefit will be changed from $220 to $225. In cases involving permanent partial disabilities, the present maximum weekly benefits ranging from $220 to $826, varying on the basis of duration of disability, will be changed to $225 and $843, respectively. The minimum weekly benefit for permanent partial injuries will remain at $35. The effect of the changes to the minimum and maximum weekly benefits results in a premium level adjustment factor of 1.007 (+0.7%) due to benefits.
EXPENSES
There is need for decreases in the provisions for Loss Adjustment Expense, the Security
Fund and Bureau Expense. The changes to the expense provisions result in a premium level adjustment factor of 0.996 (-0.4%).
OVERALL PREMIUM/RATE LEVEL CHANGE
The combined effect of the above adjustment factors results in an indicated premium level
adjustment factor of 1.036 (+3.6%). The rate level adjustment is also an increase of +3.6%.
CATASTROPHE PROVISIONS
A Terrorism Premium Charge of $0.03 per unit of exposure applies to all policies except
for the exclusions in 3:9-2 and 3:9-5 of the Manual. Upward deviation from the $0.03 rate is
permissible.
A Catastrophe (Other than Certified Acts of Terrorism) Premium Charge of $0.01 per
unit of exposure applies to all policies except for the exclusions in 3:9-9 and 3:9-12 of the Manual.
CLASSIFICATION RATES
The adjustment of classification rate relativity is based on the policy experience for 2006
through 2010, as reported through the Statistical Plan. The changes in the rates for the individual
classifications including those in the Admiralty and Federal Employers Liability Act coverage are
supported by, and derived from, the experience.
There are 572 classifications in the Manual effective January 1, 2014 including the codes to
accommodate Federal employments. Eight classifications carry no rate assignment. Of the remainder, 381 will experience increased rates, the rates for 167 classes will decrease, and 16 are unchanged. There are no changes to the annual policy charges for private estate or residence employees as set forth in 3:5-12 of the Manual.
In order to comply with the decision of the Commissioner, changes in manual rates for any
classification have been limited to an increase of 15% from last year’s rate. The increase percentage applicable to non "F" classifications when coverage is provided under the United States Longshore and Harbor Workers Compensation Act remains unchanged at 50%.
MINIMUM PREMIUM FORMULA
The minimum premium multiplier is increased from 100 to 150 and the maximum
minimum premium is increased from $850 to $900. The change to premium resulting from the new
rating values in the minimum premium formula is minimal and does not impact the overall rate level.
Special minimum premiums applicable to private residence classifications and to classifications subject to Maritime or Federal Employers Liability Act coverage are not affected.
SURCHARGES
New Jersey law mandates application of separate policyholder surcharges to finance the
Second Injury and Uninsured Employers’ Funds. Based on the Department of Labor and Workforce
Development’s estimate of 2014 Fund requirements, the policyholder surcharge percentages effective January 1, 2014, on a new and renewal basis to be applied to the modified premium are:
Second Injury Fund 6.56%
Uninsured Employers’ Fund 0.00%
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- The Next Wave: N.H.L. Players Sue League Over Head Injuries (workers-compensation.blogspot.com)
- Florida rejects workers' compensation rate hike (workers-compensation.blogspot.com)
- Privatization of workers, compensation continues throughout WV (workers-compensation.blogspot.com)
- What a Government Default Will Do To Workers' Compensation (workers-compensation.blogspot.com)
- John Burton Reports on Workers' Compensation Insurance Industry Underwriting Results (workers-compensation.blogspot.com)
Monday, July 15, 2013
Administration Urges Rate Changes for US FELA Benefits
Gary Steinberg, Acting Director Office of Workers' Compensation Programs, U.S. Department of Labor Acting testified before the Subcommittee on Workforce Protections Committee on Education and the Workforce, U.S. House of Representatives, on July 10, 2013
"Thank you for inviting me to this important hearing today. As you know, the Department of Labor's
(DOL) Office of Workers' Compensation Programs (OWCP) administers a number of workers' compensation programs, including the Federal Employees' Compensation Act (FECA) program, which covers 2.7 million Federal and Postal workers and is one of the largest self-insured workers' compensation systems in the world.
I appreciate the opportunity to discuss legislative reforms to FECA that would enhance our ability to assist FECA beneficiaries to return to work, provide a more equitable array of FECA benefits, and generally modernize the program and update the statute. Almost 97 years ago, on September 7, 1916, Congress enacted FECA to provide comprehensive Federal workers' compensation coverage to all Federal employees and their survivors for disability or death due to an employment injury or illness.
"Thank you for inviting me to this important hearing today. As you know, the Department of Labor's
Gary Steinberg, Acting Director Office of Workers' Compensation Programs, U.S. Department of Labor, |
I appreciate the opportunity to discuss legislative reforms to FECA that would enhance our ability to assist FECA beneficiaries to return to work, provide a more equitable array of FECA benefits, and generally modernize the program and update the statute. Almost 97 years ago, on September 7, 1916, Congress enacted FECA to provide comprehensive Federal workers' compensation coverage to all Federal employees and their survivors for disability or death due to an employment injury or illness.
Sunday, June 23, 2013
NJ Uninsured Fund Cracks Down on Uninsured Employers
It has been reported tat the NJ Uninsured Fund is vigorously seeking reimbursement for assessments and penalties from employers who do not have workers' compensation insurance.
In a recent case, a former employer was required to reach a deal with the NJ Attorney
General's Office to repay $111,813.00. It was reported that the former employer had to mortgage his house for repayment in order to avoid a potential 18 month prison term and a $10,000 fine in addition to the assessment.
Click here to read: Franklin Lakes business owner must mortgage home to avoid jail in workers compensation case
In a recent case, a former employer was required to reach a deal with the NJ Attorney
General's Office to repay $111,813.00. It was reported that the former employer had to mortgage his house for repayment in order to avoid a potential 18 month prison term and a $10,000 fine in addition to the assessment.
Click here to read: Franklin Lakes business owner must mortgage home to avoid jail in workers compensation case
Sunday, February 17, 2013
The Missouri Compromise - 2013
It looks like Missouri is not going to ditch their Second Injury Fund (SIF) after all. The Missouri Senate did a turn around and passed legislation to fund the insolvent SIF.
Part of the compromise was to limit liability of occupational disease claims against employers and re-establish the exclusivity bar. Albiet, the SIF would provide additional monetary benefits to those exposed at work.
While it sounds nice on paper, the problem, of using a band-aide to permanently correct the overall concerns of both Industry and Labor, will not work in the long-run. Actually this has been tried before and already failed. Employers notoriously dodge the bullet and delay and deny occupational claims even though they are difficult to defend against.
When the going gets tough, down the road, Industry will end up further restricting the benefit flow to injured workers, and medical delivery will then remain non-existent. Consequentially, the end result is that the general taxpayer and not the consumer, ends up paying for the continued unsafe work practices of Industry.
The Missouri Compromise 2013 is only a first step in recognizing a problem exists. It demonstrates that legislators from different parties can reach a compromise. The real fix would be even greater OSHA enforcement of safety procedures, new Federal regulation and, a universal health care system.
Part of the compromise was to limit liability of occupational disease claims against employers and re-establish the exclusivity bar. Albiet, the SIF would provide additional monetary benefits to those exposed at work.
While it sounds nice on paper, the problem, of using a band-aide to permanently correct the overall concerns of both Industry and Labor, will not work in the long-run. Actually this has been tried before and already failed. Employers notoriously dodge the bullet and delay and deny occupational claims even though they are difficult to defend against.
When the going gets tough, down the road, Industry will end up further restricting the benefit flow to injured workers, and medical delivery will then remain non-existent. Consequentially, the end result is that the general taxpayer and not the consumer, ends up paying for the continued unsafe work practices of Industry.
The Missouri Compromise 2013 is only a first step in recognizing a problem exists. It demonstrates that legislators from different parties can reach a compromise. The real fix would be even greater OSHA enforcement of safety procedures, new Federal regulation and, a universal health care system.
Related articles
- Second Injury Fund: Missouri Auditor Says Fund It or Shut It Down (workers-compensation.blogspot.com)
- The Vanishing Concept of a Job (workers-compensation.blogspot.com)
- Universal Medical and Workers' Compensation: It's Not "If", It's "When" - California (workers-compensation.blogspot.com)
- Silica Linked to a Fatal and Compensable Lung Cancer (workers-compensation.blogspot.com)
Monday, January 21, 2013
Boston Globe: Teen Work Related Injuries a “Major Problem”
Today's post comes from Deborah Kohl from Deborah G. Kohl Law Offices of Massachusetts.
The article reports that the injuries are often serious ones such as cuts from deli/meat slicers and back/neck pain as a result heavy lifting in service and landscaping jobs. The article also reported, “One local teen, who asked not to be identified fearing retaliation from his boss, described going onto a highway to retrieve supermarket carts.” Everyone, regardless of age, has the right to expect nothing less than a safe working environment.
If you are injured at work, do not hesitate to immediately report the injury to your employer. If you feel that your rights have been violated with respect to an injury you sustained on the job, please contact us to discuss your situation.
Read more abut child labor.
Dec 14, 2012
The U.S. Department of Labor's Bureau of International Labor Affairs today introduced Reducing Child Labor and Forced Labor: A Toolkit for Responsible Businesses, the first guide developed by the U.S. government to help ...
Sep 14, 2012
The US Library of Congress has just posted digital images o child labor that are in it s collection. Workers' Compensation benefits are but one instance that enforce penalties when child labor laws are not followed.
Jan 03, 2013
Other reforms included workplace safety regulations, child labor laws, and enhanced fire inspections, among others. There is a growing effort by worker groups to demand safety reforms in Bangladesh where factory fires have ...
Nov 22, 2011
He has announced that he will offer radical proposals including the elimination of child labor laws. For decades child labor laws and penalties have been integrated into state workers' compensation acts acting as a safety ...
Related articles
- Second Injury Fund: Missouri Auditor Says Fund It or Shut It Down (workers-compensation.blogspot.com)
- Aging "Baby Boomers" and Workers' Compensation Part 2 (workers-compensation.blogspot.com)
- The Obama Agenda: The Road to Workplace Wellness (workers-compensation.blogspot.com)
- US Supreme Court to Determine Who is A Dependent (workers-compensation.blogspot.com)
Monday, January 14, 2013
Second Injury Fund: Missouri Auditor Says Fund It, or Shut It Down
Thomas A. Schweich, MO State Auditor (Jan. 11, 2013)
Click here to read to report
Read more about "Second Injury Funds" and workers' compensation
Mar 20, 2012
Workers' Compensation: Are Second Injury Funds Going to be History Soon? As the Second Injury Fund debate in Missouri becomes more heated, one must consider the underlying issues challenging its existence. Whatever ...
Apr 21, 2010
The Missouri legislature failed to pass legislation that would rescue the state's Second Injury Fund (SIF) from financial collapse. The SIF has been long targeted for extinction by Industry in Missouri. The Attorney General order ...
Jan 25, 2010
NJ Second Injury Fund Is In Financial Trouble. Governor Christie's transition team reported that the NJ Second Injury Fund (SIF) is insolvent. Several options were presented, if the SIF is going continue to operate. The SIF was ...
May 09, 2011
In an editorial it declares that injured workers should receive benefits that they have been awarded un the Missouri workers' compensation Second Injury Fund which is now underfunded and unable to meet payment.
Related articles
- The "New Normal," Special Compensation Funds and Viability (workers-compensation.blogspot.com)
- NJ Workers Compensation Premiums Go Up for 2013 (workers-compensation.blogspot.com)
- NY Worker's Compensation Board Proposes New Medical Treatment Guidelines (workers-compensation.blogspot.com)
- Insurance Company Broker Caught Cooking the Books (workers-compensation.blogspot.com)
Wednesday, December 19, 2012
NJ Workers Compensation Premiums Go Up for 2013
NJ Compensation Rating and Inspection Bureau has announced rate increases for 2013 as follows:
Revision of Rates and Rating Values – Effective January 1, 2013
The Commissioner of Banking and Insurance (“Commissioner”) has approved an 8.3%
increase in manual rates and rating values applicable to New Jersey workers compensation and employers liability insurance effective January 1, 2013 on a new and renewal basis.
SURCHARGES
New Jersey law mandates application of separate policyholder surcharges to finance the
Second Injury and Uninsured Employers’ Funds. Based on the Department of Labor and Workforce Development’s estimate of 2013 Fund requirements, the policyholder surcharge percentages effective January 1, 2013, on a new and renewal basis to be applied to the modified premium are:
Second Injury Fund 6.76%
Uninsured Employers’ Fund 0.00%
Read more about "premiums" and Workers' Compensation:
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Revision of Rates and Rating Values – Effective January 1, 2013
The Commissioner of Banking and Insurance (“Commissioner”) has approved an 8.3%
increase in manual rates and rating values applicable to New Jersey workers compensation and employers liability insurance effective January 1, 2013 on a new and renewal basis.
SURCHARGES
New Jersey law mandates application of separate policyholder surcharges to finance the
Second Injury and Uninsured Employers’ Funds. Based on the Department of Labor and Workforce Development’s estimate of 2013 Fund requirements, the policyholder surcharge percentages effective January 1, 2013, on a new and renewal basis to be applied to the modified premium are:
Second Injury Fund 6.76%
Uninsured Employers’ Fund 0.00%
Read more about "premiums" and Workers' Compensation:
Sep 21, 2011
The team also discovered that for the entire 35-year timeframe of the study, rising premium rates were closely linked with the Dow Jones Industrial Average or Treasury bonds. As either the Dow or interest rates on Treasury ...
Jul 18, 2012
Governor Andrew M. Cuomo today announced that for the first time in four years, New York State employers will see a reduction in workers' compensation premium rates. The Governor asked for a reconsideration of the ...
Nov 13, 2012
The study, of what it calls "skyrocketing rates" yielding higher premiums, reveals that higher premiums are instead associated with decreases in the Dow Jones Industrial Average and interest rates on U.S. Treasury bonds.
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Related articles
Saturday, November 24, 2012
The "New Normal," Special Compensation Funds and Viability
An Arizona Appeals Court has ruled that Special Funds [Second Injury Fund] used to pay workers' compensation benefits and fund the administrative agency, can be transferred to the state’s general treasury and used to fund the state’s general liabilities.
The Court , in allowing $4.7 Million to be transferred by the state Legislature to the general treasury, held that the special fund was funding source subject to legislative review and appropriation. “….Because the legislature set the percentage rate of premiums from the State Compensation Fund and private carriers to be placed in the Special Fund, the funds are public monies,” and is therefore a public fund.
Second Injury Funds have been phased out throughout the US. Major industrial states have eliminated them over the past several decades, a move historically supported as employers, insurance companies and the American Bar Association.
New Jersey still has such a fund, ie., The Second Injury Fund. It has been decimated economically after the economic downturn and a series of similar repeated raids by the legislature. While a constitutional amendment has been enacted to prohibit raids, the economy has not increased enough to withstand the fiscal challenges.
Other states face similar problems. Missouri’s fund has not been able to pay beneficiaries for decades as it heads for extinction. New York’s fund has been challenged since assessments are soaring beyond what Industry feels are sustainable in the week economy.
The real challenge facing the nation’s patchwork of workers’ compensation programs is how to fund them generally in light of increased medical costs, lack of premiums due to unemployment and the “new normal” now emerging across the nation.
Read the decision: Industrial Commission of Arizona, et al. v. Janice K. Brewer, Governor, et al. , 1 CA-CV 11-0119 , (AZ App 2012), decided 11/23/2012.
The Court , in allowing $4.7 Million to be transferred by the state Legislature to the general treasury, held that the special fund was funding source subject to legislative review and appropriation. “….Because the legislature set the percentage rate of premiums from the State Compensation Fund and private carriers to be placed in the Special Fund, the funds are public monies,” and is therefore a public fund.
Second Injury Funds have been phased out throughout the US. Major industrial states have eliminated them over the past several decades, a move historically supported as employers, insurance companies and the American Bar Association.
New Jersey still has such a fund, ie., The Second Injury Fund. It has been decimated economically after the economic downturn and a series of similar repeated raids by the legislature. While a constitutional amendment has been enacted to prohibit raids, the economy has not increased enough to withstand the fiscal challenges.
Other states face similar problems. Missouri’s fund has not been able to pay beneficiaries for decades as it heads for extinction. New York’s fund has been challenged since assessments are soaring beyond what Industry feels are sustainable in the week economy.
The real challenge facing the nation’s patchwork of workers’ compensation programs is how to fund them generally in light of increased medical costs, lack of premiums due to unemployment and the “new normal” now emerging across the nation.
Read the decision: Industrial Commission of Arizona, et al. v. Janice K. Brewer, Governor, et al. , 1 CA-CV 11-0119 , (AZ App 2012), decided 11/23/2012.
Related articles
Friday, October 5, 2012
October Is National Disability Awareness Month
Presidential Proclamation -- National Disability Employment Awareness Month, 2012
NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH, 2012
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
In the 22 years since the signing of the Americans with Disabilities Act, we have made significant progress in giving all Americans the freedom to make of our lives what we will. Yet, in times of prosperity as well as challenge, people with disabilities have had fewer opportunities in our workplaces than those without. As we work to revitalize our economy, it is essential that each of us can bring our talents, expertise, and passion to bear in the marketplace. But a stronger economy is not enough; we must ensure not only full participation, but also full opportunity. During National Disability Employment Awareness Month, we recognize the indispensable contributions people with disabilities make in our economy and recommit to building a country where each of us can realize the full extent of our dreams.
Because America's workforce should reflect the diversity of its people -- including people with disabilities -- my Administration remains committed to helping our businesses, schools, and communities support our entire workforce. To meet this challenge, the Federal Government must be a model employer. That is why I was proud to sign an Executive Order in 2010 that called on Federal agencies to increase recruitment, hiring, and retention of people with disabilities. In 2012, the Office of Personnel Management reported on our progress, revealing that we are moving toward meeting our goal of hiring an additional 100,000 people with disabilities into the Federal workforce over 5 years. Today, more people with disabilities work for the Federal Government than at any time in the past 20 years, and we are striving to make it easier to get and keep those jobs by improving compliance with Section 508 of the Rehabilitation Act.
All Americans are entitled to an accessible workplace, a level playing field, and the same privileges, pursuits, and opportunities as any of their family, friends, and neighbors. This month, let us rededicate ourselves to bringing down barriers and raising up aspirations for all our people, regardless of disability, so we may share in a brighter future together.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2012 as National Disability Employment Awareness Month. I urge all Americans to embrace the talents
and skills that individuals with disabilities bring to our workplaces and communities and to promote the right to equal employment opportunity for all people.
and skills that individuals with disabilities bring to our workplaces and communities and to promote the right to equal employment opportunity for all people.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.
BARACK OBAMA
More About Disabilities
Oct 02, 2009
The EEOC's suit alleged that Sears maintained an inflexible workers' compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, ...
Nov 07, 2011
Without regular medical care, it's difficult to develop a relationship with a doctor that is strong enough that the doctor can complete a report on your health. Even if your disability is very real, proving it in Court can still be a hard ...
Jan 25, 2010
The SIF was established to compensate totally disabled workers for their pre-existing disabilities shield the last employer from the total cost of the last compensable injury. The was enacted by NJ prior to the existence of the ...
Sep 24, 2011
Nebraska Law Would Deny Disability and Death Payments to First Responders in a 9/11-Type Event ... But it can take 30 years or more for many of the diseases, disabilities and deaths to actually strike. Many, if not most, of the...
Oct 02, 2009
The EEOC's suit alleged that Sears maintained an inflexible workers' compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, ...
Nov 07, 2011
Without regular medical care, it's difficult to develop a relationship with a doctor that is strong enough that the doctor can complete a report on your health. Even if your disability is very real, proving it in Court can still be a hard ...
Jan 25, 2010
The SIF was established to compensate totally disabled workers for their pre-existing disabilities shield the last employer from the total cost of the last compensable injury. The was enacted by NJ prior to the existence of the ...
Sep 24, 2011
Nebraska Law Would Deny Disability and Death Payments to First Responders in a 9/11-Type Event ... But it can take 30 years or more for many of the diseases, disabilities and deaths to actually strike. Many, if not most, of the...
Related articles
- Long Hours Linked To Health Problems And Lower Productivity
- Should Genetic Medical Information Be Given to Workers' Compensation Insurance Companies?
- NJ Maximum Disability to Increase 2% to $826.00 Per Week
- Employer Not Permitted to Stop Temporary Disability Benefits When Social Security Disability Awarded
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