This document provides guidance on navigating New York State's new disability guidelines and LWEC method for determining loss of wage earning capacity. The new LWEC method considers both physical disability and vocational limitations. It establishes tiers of LWEC percentages that correlate to maximum benefit weeks. The document advises obtaining medical evidence to minimize claimed impairments and vocational evidence like surveillance to contradict limitations. It also discusses strategies for delaying MMI designation and provides resources for assessing clients' education, skills, and post-injury job availability to argue a lower LWEC percentage.
The document outlines the process for handling a workers compensation claim from an accident occurring on January 1st, 2012. It discusses investigating the claim, determining coverage, accepting or controverting the claim in a timely manner. If accepted, payments are made based on medical evidence of disability level. Independent medical exams can be requested to obtain different disability levels, requiring payment changes and form filings. The process involves monitoring improvement, holding hearings to determine payment rates, potentially going to trial, and eventually seeking maximum medical improvement and permanent disability status.
This document discusses various laws and precedents related to workers' compensation claims in New York. It addresses topics such as determining partial disability, reopening claims, non-participation in job programs, and qualifications for total industrial disability. The document provides guidance on issues like communicating with attorneys, considering schedule losses and non-work injuries, and standards of proof in TID claims.
This document discusses various legal precedents and guidelines related to partial disability classifications and determinations in workers' compensation cases. It addresses factors such as actual earnings, disability duration guidelines, prior work status, employer job availability, vocational expert opinions, claimant participation, attorney communication, and standards for finding total industrial disability. The document provides guidance on applying these precedents and considering a variety of medical and non-medical factors when evaluating partial disability claims.
This document provides information about workers' compensation issues in Tennessee, including strengthening the MIR program, new impairment rating requirements, proposed changes to utilization review, and ways to eliminate exposure through light duty returns to work. It also announces an upcoming educational conference by the Tennessee Department of Labor and provides contact information for the Knoxville office of a law firm specializing in workers' compensation defense.
The document summarizes recent developments in Tennessee's workers' compensation system. Governor Bill Haslam plans substantial reforms in 2013 based on consultants' recommendations, including moving the system from courts to an administrative process and overhauling how permanent partial disability is calculated. The consultants also recommended interpreting laws neutrally instead of favoring employees. Recent court cases regarding returning to work and fraud are summarized. New accountability measures were added to unemployment insurance laws in 2012.
The document summarizes new rules issued by the Tennessee Department of Labor governing the utilization review process for workers' compensation claims. Key changes include:
1) Utilization review physicians must now be licensed in Tennessee and specialize in the area related to the claimant's injury in order to issue denials.
2) Stricter timeframes have been implemented, including requiring employers to submit recommended treatments for review within 3 days and to pay any appeal fees within 10 days.
3) Penalties for non-compliance with the new rules range from $100 to $1,000 per violation. Employers must carefully follow the new requirements.
The document summarizes recent changes and developments in Tennessee's workers' compensation system. Key points include:
1) Proposed legislation (SB 932) aims to reform the system by redefining "injury", limiting repetitive motion claims, removing limits on closing future medical benefits, and easing restrictions on employer-physician communications.
2) MIJS successfully challenged a Department of Labor order requiring an employer to include a specific physician on their medical panel. The Department rescinded the order.
3) Recent case law established that an employee's subjective belief alone is insufficient to decline returning to work, and that layoffs may constitute a loss of employment and not a meaningful return to work depending on factors like senior
This document provides an overview of Utah's workers' compensation system. It discusses that workers' compensation is a no-fault insurance system that pays medical expenses and lost wages for work-related injuries. It also covers what types of employers and employees are covered, benefits provided, reporting obligations, disputes over fault for injuries, retaliation protections, and return to work processes.
The document outlines the process for handling a workers compensation claim from an accident occurring on January 1st, 2012. It discusses investigating the claim, determining coverage, accepting or controverting the claim in a timely manner. If accepted, payments are made based on medical evidence of disability level. Independent medical exams can be requested to obtain different disability levels, requiring payment changes and form filings. The process involves monitoring improvement, holding hearings to determine payment rates, potentially going to trial, and eventually seeking maximum medical improvement and permanent disability status.
This document discusses various laws and precedents related to workers' compensation claims in New York. It addresses topics such as determining partial disability, reopening claims, non-participation in job programs, and qualifications for total industrial disability. The document provides guidance on issues like communicating with attorneys, considering schedule losses and non-work injuries, and standards of proof in TID claims.
This document discusses various legal precedents and guidelines related to partial disability classifications and determinations in workers' compensation cases. It addresses factors such as actual earnings, disability duration guidelines, prior work status, employer job availability, vocational expert opinions, claimant participation, attorney communication, and standards for finding total industrial disability. The document provides guidance on applying these precedents and considering a variety of medical and non-medical factors when evaluating partial disability claims.
This document provides information about workers' compensation issues in Tennessee, including strengthening the MIR program, new impairment rating requirements, proposed changes to utilization review, and ways to eliminate exposure through light duty returns to work. It also announces an upcoming educational conference by the Tennessee Department of Labor and provides contact information for the Knoxville office of a law firm specializing in workers' compensation defense.
The document summarizes recent developments in Tennessee's workers' compensation system. Governor Bill Haslam plans substantial reforms in 2013 based on consultants' recommendations, including moving the system from courts to an administrative process and overhauling how permanent partial disability is calculated. The consultants also recommended interpreting laws neutrally instead of favoring employees. Recent court cases regarding returning to work and fraud are summarized. New accountability measures were added to unemployment insurance laws in 2012.
The document summarizes new rules issued by the Tennessee Department of Labor governing the utilization review process for workers' compensation claims. Key changes include:
1) Utilization review physicians must now be licensed in Tennessee and specialize in the area related to the claimant's injury in order to issue denials.
2) Stricter timeframes have been implemented, including requiring employers to submit recommended treatments for review within 3 days and to pay any appeal fees within 10 days.
3) Penalties for non-compliance with the new rules range from $100 to $1,000 per violation. Employers must carefully follow the new requirements.
The document summarizes recent changes and developments in Tennessee's workers' compensation system. Key points include:
1) Proposed legislation (SB 932) aims to reform the system by redefining "injury", limiting repetitive motion claims, removing limits on closing future medical benefits, and easing restrictions on employer-physician communications.
2) MIJS successfully challenged a Department of Labor order requiring an employer to include a specific physician on their medical panel. The Department rescinded the order.
3) Recent case law established that an employee's subjective belief alone is insufficient to decline returning to work, and that layoffs may constitute a loss of employment and not a meaningful return to work depending on factors like senior
This document provides an overview of Utah's workers' compensation system. It discusses that workers' compensation is a no-fault insurance system that pays medical expenses and lost wages for work-related injuries. It also covers what types of employers and employees are covered, benefits provided, reporting obligations, disputes over fault for injuries, retaliation protections, and return to work processes.
The Labor Laws Compliance System (LLCS) refers to the integrated framework of voluntary compliance and enforcement of labor laws and social legislations issued pursuant to the rule-making, visitorial and enforcement power of the DOLE Secretary.
This document summarizes key information from the June 2010 issue of TN Workers' Comp Chronicle, a legal publication about Tennessee workers' compensation law and cases. It discusses a new law that grants the Department of Labor primary jurisdiction over future medical benefit disputes. It also outlines upcoming certification requirements for adjusters, bill reviewers, and supervisors handling TN workers' comp claims. Finally, it summarizes several recent TN appellate court cases related to issues like compensability of parking lot injuries, statute of limitations for hearing loss claims, and the willful misconduct defense.
Employers need to be aware that decisions they are making now about the size and make-up of their workforce will affect whether they exceed the 50 employee threshold that triggers the "pay or play" penalty in the Affordable Care Act. This presentation will focus on strategies for avoiding or minimizing exposure to the penalties under the Act.
This document discusses several key aspects of equal employment opportunity laws and avoiding discrimination in the workplace. It covers requirements under the ADA to reasonably accommodate disabled employees. It also discusses defenses against discrimination claims including validating employment tests. Finally, it outlines steps to establish a diversity management program including assessing the situation, providing leadership and training, changing culture and systems, and evaluating the program.
1. An employee developed elbow pain after her employer retooled the assembly line, potentially making her condition work-related.
2. Two doctors disagreed on whether the condition was work-related or degenerative. The employer denied accommodated duty based on one doctor's opinion.
3. The employee took 12 weeks of FMLA leave for surgery but needed more time to recover. The employer threatened termination if she did not return at the end of FMLA leave.
Dessler ch 02-equal opportunity and the lawShamsil Arefin
This PowerPoint presentation covers key topics in equal opportunity and the law as it relates to human resource management. It discusses major federal employment discrimination laws including Title VII, the ADA, and the ADEA. Key concepts explained include adverse impact, reasonable accommodations under the ADA, and defenses against discrimination claims such as business necessity. The presentation also addresses designing affirmative action programs, avoiding reverse discrimination, and managing workplace diversity.
Americans with Disability Act Family Medical Leave Act Workers' Compensation:...Jim Cowan
The document provides an overview of key provisions and requirements of the Family and Medical Leave Act (FMLA). It discusses who is covered by the FMLA, reasons for which leave can be taken, eligibility requirements for employees, allowable length of unpaid leave, job protection provisions, and interaction of FMLA leave with other laws like the Americans with Disabilities Act and Workers' Compensation. Checklists are provided outlining analysis needed when an employee requires sick, medical or other leave.
This document summarizes key aspects of equal opportunity and anti-discrimination law covered in Chapter 2. It discusses the main federal laws prohibiting employment discrimination based on characteristics like race, sex, religion, disability status and more. It also outlines employer obligations to provide reasonable accommodations under the Americans with Disabilities Act and avoid discriminatory practices in areas like hiring, promotions and benefits. Additionally, it covers topics like diversity management programs, designing affirmative action plans, defenses against discrimination allegations and the use of mandatory arbitration.
Do employers have a duty to keep guns out of the workplace? Do they have the power to prohibit guns on their premises? Are they exposed to liability if they don't keep guns out of their workplaces? What has the Utah legislature said about these issues? Chris discusses these questions.
This document discusses employee reinstatement issues related to workers' compensation claims once FMLA leave has been exhausted or is not available. Unlike FMLA, workers' compensation is not a leave benefit and most states do not require employers to reinstate employees after a work-related injury. However, terminating an employee solely for filing a workers' compensation claim is illegal in many states. The ADA may also require employers to provide reasonable accommodations like extended leave for employees with disabilities from work-related injuries. Employers should review their policies regarding benefit continuation and medical leave to ensure compliance. When considering terminating an employee on a workers' compensation claim, employers should discuss the situation with their attorney.
The document discusses how CPAs can help clients identify and mitigate employment liability risks. It identifies four key areas of risk: 1) payroll tax liability from misclassifying employees, 2) wage and hour issues from poor timekeeping and misclassifying exempt employees, 3) protecting trade secrets from current and former employees, and 4) discrimination claims from outdated policies and lack of training. For each risk area, it provides examples of problems clients may have and recommendations on how to reduce exposure, such as properly classifying workers, keeping accurate time records, implementing physical and digital security, and conducting regular anti-discrimination training.
Workers' Compensation: What You Need to KnowPage-1
If you've suffered an injury on the job, you may be entitled to recover workers' compensation benefits. View our slide presentation to find out what is involved in these claims.
This document summarizes the requirements for terminating or separating employees according to DOLE D.O. 147-15. It discusses the differences between just cause termination and authorized cause separation. For just cause termination, employers must provide the employee with two written notices - a notice to explain describing the causes for termination, and a notice of results after considering the employee's explanation. It also outlines the requirements for authorized cause separation, including providing 30 days notice to the employee and paying separation pay.
Timely injury reporting is a must! This webinar will cover the steps to follow in the event of a work place injury including an overview of the forms in your AlphaStaff Risk Kit. A few of the topics that will be covered are:
How to report the injury to AlphaStaff.
How to complete the necessary paperwork.
Understanding the claims handling process.
The document provides information about the Physical Evaluation Board (PEB) process, including key websites, instructions, the mission of the PEB, common misconceptions, and an overview of the Medical Evaluation Board (MEB), Informal PEB, Formal PEB, options for members found fit or unfit, and the petition for relief process.
Auto Torts Identifying, Investigating, and Resolving Third Party [Compatibili...Mark D. Chappell
This document discusses identifying and pursuing potential third party liability claims that may arise from a workers' compensation claim. It notes that South Carolina law allows employees to pursue damages from third parties, and that employers/carriers should help investigate possible third party claims early. Examples discussed include product liability claims involving vehicles, industrial equipment, or medical devices. Strategies are presented for resolving workers' compensation liens in third party settlements, such as negotiating upfront, using statutory reduction formulas, or arguing for equitable reduction if the employer contributed to the injury.
How impairment rating evaluation can help in workers’ comp claimsmosmedicalreview
An impairment rating evaluation (IRE) uses a medical records review and physical examination to assign a rating between 0-100% regarding a worker's ability to return to work after an injury. This helps determine benefit eligibility and duration. Independent medical examiners refer to standards like the AMA Guide to evaluate permanent impairment. IREs typically occur after 104 weeks of benefits to assess maximum medical improvement and decide if the worker can return to their prior job or requires alternative duties due to partial or total disability.
The Labor Laws Compliance System (LLCS) refers to the integrated framework of voluntary compliance and enforcement of labor laws and social legislations issued pursuant to the rule-making, visitorial and enforcement power of the DOLE Secretary.
This document summarizes key information from the June 2010 issue of TN Workers' Comp Chronicle, a legal publication about Tennessee workers' compensation law and cases. It discusses a new law that grants the Department of Labor primary jurisdiction over future medical benefit disputes. It also outlines upcoming certification requirements for adjusters, bill reviewers, and supervisors handling TN workers' comp claims. Finally, it summarizes several recent TN appellate court cases related to issues like compensability of parking lot injuries, statute of limitations for hearing loss claims, and the willful misconduct defense.
Employers need to be aware that decisions they are making now about the size and make-up of their workforce will affect whether they exceed the 50 employee threshold that triggers the "pay or play" penalty in the Affordable Care Act. This presentation will focus on strategies for avoiding or minimizing exposure to the penalties under the Act.
This document discusses several key aspects of equal employment opportunity laws and avoiding discrimination in the workplace. It covers requirements under the ADA to reasonably accommodate disabled employees. It also discusses defenses against discrimination claims including validating employment tests. Finally, it outlines steps to establish a diversity management program including assessing the situation, providing leadership and training, changing culture and systems, and evaluating the program.
1. An employee developed elbow pain after her employer retooled the assembly line, potentially making her condition work-related.
2. Two doctors disagreed on whether the condition was work-related or degenerative. The employer denied accommodated duty based on one doctor's opinion.
3. The employee took 12 weeks of FMLA leave for surgery but needed more time to recover. The employer threatened termination if she did not return at the end of FMLA leave.
Dessler ch 02-equal opportunity and the lawShamsil Arefin
This PowerPoint presentation covers key topics in equal opportunity and the law as it relates to human resource management. It discusses major federal employment discrimination laws including Title VII, the ADA, and the ADEA. Key concepts explained include adverse impact, reasonable accommodations under the ADA, and defenses against discrimination claims such as business necessity. The presentation also addresses designing affirmative action programs, avoiding reverse discrimination, and managing workplace diversity.
Americans with Disability Act Family Medical Leave Act Workers' Compensation:...Jim Cowan
The document provides an overview of key provisions and requirements of the Family and Medical Leave Act (FMLA). It discusses who is covered by the FMLA, reasons for which leave can be taken, eligibility requirements for employees, allowable length of unpaid leave, job protection provisions, and interaction of FMLA leave with other laws like the Americans with Disabilities Act and Workers' Compensation. Checklists are provided outlining analysis needed when an employee requires sick, medical or other leave.
This document summarizes key aspects of equal opportunity and anti-discrimination law covered in Chapter 2. It discusses the main federal laws prohibiting employment discrimination based on characteristics like race, sex, religion, disability status and more. It also outlines employer obligations to provide reasonable accommodations under the Americans with Disabilities Act and avoid discriminatory practices in areas like hiring, promotions and benefits. Additionally, it covers topics like diversity management programs, designing affirmative action plans, defenses against discrimination allegations and the use of mandatory arbitration.
Do employers have a duty to keep guns out of the workplace? Do they have the power to prohibit guns on their premises? Are they exposed to liability if they don't keep guns out of their workplaces? What has the Utah legislature said about these issues? Chris discusses these questions.
This document discusses employee reinstatement issues related to workers' compensation claims once FMLA leave has been exhausted or is not available. Unlike FMLA, workers' compensation is not a leave benefit and most states do not require employers to reinstate employees after a work-related injury. However, terminating an employee solely for filing a workers' compensation claim is illegal in many states. The ADA may also require employers to provide reasonable accommodations like extended leave for employees with disabilities from work-related injuries. Employers should review their policies regarding benefit continuation and medical leave to ensure compliance. When considering terminating an employee on a workers' compensation claim, employers should discuss the situation with their attorney.
The document discusses how CPAs can help clients identify and mitigate employment liability risks. It identifies four key areas of risk: 1) payroll tax liability from misclassifying employees, 2) wage and hour issues from poor timekeeping and misclassifying exempt employees, 3) protecting trade secrets from current and former employees, and 4) discrimination claims from outdated policies and lack of training. For each risk area, it provides examples of problems clients may have and recommendations on how to reduce exposure, such as properly classifying workers, keeping accurate time records, implementing physical and digital security, and conducting regular anti-discrimination training.
Workers' Compensation: What You Need to KnowPage-1
If you've suffered an injury on the job, you may be entitled to recover workers' compensation benefits. View our slide presentation to find out what is involved in these claims.
This document summarizes the requirements for terminating or separating employees according to DOLE D.O. 147-15. It discusses the differences between just cause termination and authorized cause separation. For just cause termination, employers must provide the employee with two written notices - a notice to explain describing the causes for termination, and a notice of results after considering the employee's explanation. It also outlines the requirements for authorized cause separation, including providing 30 days notice to the employee and paying separation pay.
Timely injury reporting is a must! This webinar will cover the steps to follow in the event of a work place injury including an overview of the forms in your AlphaStaff Risk Kit. A few of the topics that will be covered are:
How to report the injury to AlphaStaff.
How to complete the necessary paperwork.
Understanding the claims handling process.
The document provides information about the Physical Evaluation Board (PEB) process, including key websites, instructions, the mission of the PEB, common misconceptions, and an overview of the Medical Evaluation Board (MEB), Informal PEB, Formal PEB, options for members found fit or unfit, and the petition for relief process.
Auto Torts Identifying, Investigating, and Resolving Third Party [Compatibili...Mark D. Chappell
This document discusses identifying and pursuing potential third party liability claims that may arise from a workers' compensation claim. It notes that South Carolina law allows employees to pursue damages from third parties, and that employers/carriers should help investigate possible third party claims early. Examples discussed include product liability claims involving vehicles, industrial equipment, or medical devices. Strategies are presented for resolving workers' compensation liens in third party settlements, such as negotiating upfront, using statutory reduction formulas, or arguing for equitable reduction if the employer contributed to the injury.
How impairment rating evaluation can help in workers’ comp claimsmosmedicalreview
An impairment rating evaluation (IRE) uses a medical records review and physical examination to assign a rating between 0-100% regarding a worker's ability to return to work after an injury. This helps determine benefit eligibility and duration. Independent medical examiners refer to standards like the AMA Guide to evaluate permanent impairment. IREs typically occur after 104 weeks of benefits to assess maximum medical improvement and decide if the worker can return to their prior job or requires alternative duties due to partial or total disability.
SUNY Presentation Interplay Between ADA, FMLA and WC (1)John C. Farruggio
This document discusses the interplay between the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and workers' compensation laws. It provides examples of how leaves required by each law may overlap and notes important differences. FMLA provides unpaid leave for qualified employees' own or family members' serious health conditions. The ADA requires accommodations that allow disabled employees to perform essential job functions. Workers' compensation provides benefits for work-related injuries but does not determine ADA coverage. Employers must consider an employee's rights under each law separately and coordinate appropriate actions.
The Education HR in the North West Conference, January 2018 - Capability and ...Browne Jacobson LLP
This session looks at the definition of disability and the risks associated with this, as well as the role of occupational health and capability dismissals.
On Wednesday, May 24, 2023 Kegler Brown presented its annual Managing Labor + Employee Seminar. The in-person and virtual seminar focused on timely information regarding labor and employee relations, and allowed attendees to earn CLE and SHRM credit hours.
Got the ADA basics down and ready to tackle the graduate level course on the complex ADA issues that trip up even the best of HR and legal professionals? Gary Clark and Will Walden will tackle complex ADA issues, such as:
-Mental illness accommodations in the workplace
-The intersection between the ADA and workplace violence threats
-Medical marijuana, opioid and prescription drug use in the workplace
-Navigating a direct threat to health and safety decision
-Fitness for duty tests and examinations
-Managing employees on extended leaves after FMLA has expired
-Identifying accommodations that previously were per se unreasonable, but now must be considered
Please join Gary and Will as they cover these and other tough ADA issues in the workplace.
Matt Lewis Law Dallas Texas - Disability Management & Treatment GuidelinesMatt Lewis Law
THE ODG AND MDA Disability Management & Treatment Guidelines 2008. Rule 137.1 - Disability Management Concept : Applies to non-network claims with dates of injury beginning January 1, 1991 (a) Disability management is a process designed to optimize health care and return to work outcomes for injured employees to avoid delayed recovery in the Texas Workers' Compensation System.
For More Info Visit
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Changes on the Horizon: The DOL's Proposed Rules Regarding Independent Contra...Jim Cowan
This Presentation covers the DOL's new Proposed Rules. Topics covered include:
• The DOL Adopting more Restrictive Tests for Independent Contractor
• The Proposed Changes to DOL White Collar Exempt Status Regulations
• The Computer Professionals Exemption Decision Tree
• The Salary Basis Test, Permitted Salary Deductions
• The Exceptions from "No Pay-Docking" Rule
• Examples & Effects of Improper Deductions
• Payroll Practices that Do Not Violate the Salary Basis Test
• Additional Compensation.
DISCLAIMER:
By using this site and accessing the information presented by CowanPerry, PC., you understand that there is no attorney client relationship between you and CowanPerry, PC. The site and information contained therein should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
The information contained on this site is summary in nature and does not include all conditions, limitations, or exceptions that may be applicable to a particular situation. Every effort has been made to present current information without inaccuracies; however, errors, additions, deletions, and changes in the laws or procedures may occur and could make the information out of date or inaccurate. CowanPerry, PC does not assume any liability whatsoever for the "up-to-dateness", accuracy and completeness of the information.
The document discusses light duty programs that employers use to help temporarily disabled employees gradually return to work. The goals of light duty programs are to prevent disengagement from work and help employees easily transition back to full duties once recovered. While participation is voluntary, time spent in light duty does not reduce family medical leave benefits. Employers must also consider providing reasonable accommodations under the Americans with Disabilities Act.
The document describes an Integrated Functional Disability Management System (IFDMS) that aims to provide a one-source integrated benefits administration platform for corporations. The IFDMS breaks down barriers between occupational and non-occupational benefits administration to better manage risks and costs. It takes a proactive approach to managing emerging risks and aims to deal with disease and injury prior to occurrence. The IFDMS is designed to significantly reduce overall costs of illness and absence in the workplace.
Quality Care Committee White Paper - Insurance Company Underwriting (with rev...Jake Pease
The document provides guidelines that insurance carriers use to evaluate long term care facilities for insurance coverage and rates. Key considerations include state survey results on occupancy rates, staffing levels, deficiencies, and complaints. Carriers also examine the facility's management experience, financial stability, staffing levels and experience, physical plant safety, patient care policies, and claims history. The purpose is to understand the facility's risk exposures and quality of care.
This document discusses three eye care professions: ophthalmologists, optometrists, and opticians. It provides details on the education and training requirements for each profession as well as average salaries. It emphasizes the importance of opticians becoming certified through the ABO and NCLE to demonstrate their competence and qualifications to the public. Advanced certification provides opticians with additional skills and qualifications to work in a variety of eye care settings.
This document provides information on physical assessment and wellness programs for agricultural businesses. It discusses the benefits of workplace wellness programs, including decreased absenteeism, reduced medical claims, improved productivity and employee retention. It also outlines types of wellness programs and provides resources for program development. The document notes that while small farms are exempt from many OSHA regulations, OSHA rules can still be used in liability cases. It provides an overview of compliance requirements and recommendations for locating service providers to support physical assessment programs.
The document discusses strategies for controlling workers' compensation costs, emphasizing the importance of implementing return to work programs, identifying top loss sources, and controlling the experience modification factor through claims prevention, timely reporting, and return to work programs in order to lower insurance premiums and costs associated with workplace injuries. It also provides tips for claims management, working with medical providers, and measuring total costs of risk.
Employers today encounter more and more restrictions on the management of their workplace. An effective employee relations program is crucial for managing your most valuable asset, your employees.
“Managing Labor & Employee Relations” specifically addresses the issues facing employers. This half-day session will provide information to better equip you in dealing with workplace management issues including reasonable accommodation end employee benefits to OSHA inspection survival and an overview of how the NLRB affects non-union employers.
What Is Life After Coronavirus? HR Scenarios & Common QuestionsRea & Associates
There's no shortage of human resources questions these days. In addition to a mountain of other concerns, businesses are actively juggling new compliance guidelines, government regulations, and real-world concerns related to employees who are both afraid of becoming sick with COVID-19 and of losing their source of income. When it comes to addressing the new rules associated with coronavirus, unfortunately, there is not a one-size-fits-all solution - especially when dealing with the human element.
As you can expect, our human resources consulting services team has been working overtime fielding a range of questions from businesses on the front lines battling up-to-the-minute COVID-19 challenges. During this session of our "What Is Life After Coronavirus?" webinar series, we will address specific HR scenarios and common questions businesses like yours are facing in the hopes of providing you with the guidance you need when it comes to tackling the really tough situations.
During this hour-long webinar, you will hear case studies related to:
- Unemployment
- FFCRA
- CARES Act
- New DOL Workplace Safety Resources & CDC Recommendations
You can learn more about Rea & Associates is addressing the current COVID-19 crisis and how our experts are helping businesses overcome the challenges being faced as a result of coronavirus. Visit https://www.reacpa.com/coronavirus to access our dedicated resource center. You can also access past sessions in our "What Is Life After Coronavirus?" webinar series at https://www.reacpa.com/COVID19-webinar-series.
Stay safe out there.
As more information, recommendations, and mandates are revealed daily, we will make every effort to ensure that the insight provided during this webinar will be current and current at the time this webinar is presented. Rea & Associates' HR consulting services are based on the best knowledge of non-attorney specialists. Rea & Associates does not provide legal advice. You are encouraged to consult with legal counsel of your choice prior to implementing policies and procedures.
Indergard v. Georgia-Pacific serves as a wonderful learning tool for professional work evaluators who perform ‘functional capacity evaluation\' (FCE). This 9th Circuit Court of Appeals case illustrates how the federal legal system works in the United States - highlighting the weaknesses in the Americans With Disabilities Act, which is clearly flawed despite good intentions. And, it also surfaces the weaknesses in how the FCE is performed differently in various states.
Travel Clinic Cardiff: Health Advice for International TravelersNX Healthcare
Travel Clinic Cardiff offers comprehensive travel health services, including vaccinations, travel advice, and preventive care for international travelers. Our expert team ensures you are well-prepared and protected for your journey, providing personalized consultations tailored to your destination. Conveniently located in Cardiff, we help you travel with confidence and peace of mind. Visit us: www.nxhealthcare.co.uk
low birth weight presentation. Low birth weight (LBW) infant is defined as the one whose birth weight is less than 2500g irrespective of their gestational age. Premature birth and low birth weight(LBW) is still a serious problem in newborn. Causing high morbidity and mortality rate worldwide. The nursing care provide to low birth weight babies is crucial in promoting their overall health and development. Through careful assessment, diagnosis,, planning, and evaluation plays a vital role in ensuring these vulnerable infants receive the specialize care they need. In India every third of the infant weight less than 2500g.
Birth period, socioeconomical status, nutritional and intrauterine environment are the factors influencing low birth weight
The skin is the largest organ and its health plays a vital role among the other sense organs. The skin concerns like acne breakout, psoriasis, or anything similar along the lines, finding a qualified and experienced dermatologist becomes paramount.
Travel vaccination in Manchester offers comprehensive immunization services for individuals planning international trips. Expert healthcare providers administer vaccines tailored to your destination, ensuring you stay protected against various diseases. Conveniently located clinics and flexible appointment options make it easy to get the necessary shots before your journey. Stay healthy and travel with confidence by getting vaccinated in Manchester. Visit us: www.nxhealthcare.co.uk
- Video recording of this lecture in English language: https://youtu.be/Pt1nA32sdHQ
- Video recording of this lecture in Arabic language: https://youtu.be/uFdc9F0rlP0
- Link to download the book free: https://nephrotube.blogspot.com/p/nephrotube-nephrology-books.html
- Link to NephroTube website: www.NephroTube.com
- Link to NephroTube social media accounts: https://nephrotube.blogspot.com/p/join-nephrotube-on-social-media.html
3. The WCB, with believed links to Chaos, has
developed a new method for determining
disability in New York State. This new
method, code name LWEC, considers both a
person’s physical disability, as well as a
person’s vocational limitations when
determining the percentage of loss of wage
earning capacity. The LWEC method only
applies to PPD cases where the person is not
working at time of classification.
Gone are the days of only considering a person’s
degree of physical disability. This new method, if
unchecked, can cost our clients large sums in workers’
compensation benefits.
4. LWEC %
Max Weeks of The LWEC percentage
PPD Benefits is equal to the
> 0-15% 225 weeks
>15-30% 250 weeks
corresponding weeks
>30-40% 275 weeks of benefits. The
>40-50% 300 weeks amount of weeks is
>50-60% 350 weeks referred to as the
>60-70% 375 weeks
>70-75% 400 weeks
capped benefit for it is
>75-80% 425 weeks no longer lifetime.
>80-85% 450 weeks
>85-90% 475 weeks Permanent total is
>90-95% 500 weeks considered 100% LWEC and
>95-99% 525 weeks is still a lifetime benefit.
5. Hurry … you must bring your case to a
final LWEC percentage, thereby, starting
the capped benefit and limiting the
period of temporary benefits.
The temporary benefit period is not
capped, and, if not stopped, can
continue indefinitely.
For if you LWEC a person at 80% or more, then
the person is legally allowed to re-open their
case for reconsideration for a total disability
finding. If successful, they would have lifetime
benefits.
6. To navigate the 2012 Disability Guidelines you
will need to understand the concepts of:
1) MMI
2) Medical Impairment
3) Functional Loss
4) Vocational Issues
5) LWEC
7. A finding of MMI is based on a Judicial judgment that …
(a) the claimant has recovered from the work injury to
the greatest extent that is expected, and
(b) no further improvement in his/her condition is
reasonably expected. The need for palliative or
symptomatic treatment does not preclude a finding
of MMI.
In cases that do not involve surgery or fractures, MMI
cannot be determined prior to 6 months from the date
of injury or disablement, unless otherwise agreed to by
the parties.
8. Scenarios that may be used to delay MMI:
• Allegation of exacerbation requiring
additional treatment prior to being
established as MMI
• Claim of consequential injury, i.e.,
depression
• Circumvent IME for as long as possible
9. The new guidelines make a distinction between
disability and impairment. Impairment is a purely
medical determination made by a medical
professional, and is defined as any anatomic or
functional abnormality or loss. According to the WCB
a competent evaluation of impairment requires a
complete medical examination and accurate
objective assessment of function. The WCB believes
that the Guidelines provide the physician with a
more uniform process to evaluate an individual's
impairment resulting from a medically documented
work related injury or illness.
The WCB plans to accomplish this goal by utilizing
the new C-4.3 form. The form is much more
comprehensive than the C-4 form and only one part
addresses medical impairment.
10.
11. We expect that the treating doctors in the
new system will continue to find the highest
degree of impairment and severity they can
and express their opinions on the new C-4.3
form.
It is your responsibility to combat this medical
evidence with medical of your own. Your IME
must be well versed in determining impairment
and follow new impairment charts and severity
crosswalk.
12. Table 18.1: Medical Impairment Severity Crosswalk
Relative Severity Class
No impairment 0 1 2 3 4 5 6 TOTAL
Chapter 11: Spine and Pelvis (Tables 11.1, 11.2 and 11.3)
Cervical Class 1 A-C D-E F-G H N/A
Thoracic Class 1 A-C D-E F-G N/A
Lumbar Class 1 A-B, D E-F G-H I-J N/A
13. According to WCB the treating physician should measure
and document the injured workers’ ability to perform
various work-related functions such as sitting, standing,
walking, and overhead reaching, and whether there are
restrictions as to how long and/or frequently such
activities may be performed. The physician should also
evaluate the individual’s residual exertional capacity
such as the ability to lift or carry weights. The exertional
limitations are described according to a standard
classification of physical demand requirements on a
scale from Sedentary to Very Heavy.
The WCB plans to accomplish this goal by also
utilizing a new C-4.3 form. The form has a section
for impairment and functional loss.
14.
15. In addition to the standard employment
investigation, surveillance can focus on
any activities that would contradict the
alleged vocational limitations.
Neighborhood, university and
continuing education facility canvasses
are also an option.
16. A FCE is a series of tests designed to
measure a claimant’s physical abilities.
They are frequently used to objectively
evaluate if an injured worker can
return to their usual occupation or if
work restrictions are necessary.
17. AGAIN, We expect that the
treating doctors will continue to
find the highest degree of
functional loss and will, more than
likely, check the light or sedentary
box.
It is your responsibility to combat this medical
evidence with medical of your own. Your IME
must be well versed in determining functional
loss. You may decide to employ a specialist for
a functional capacity exam.
18. Light Work - Exerting up to 20 pounds of force
occasionally, and/or up to 10 pounds of force frequently
and/or negligible amount of force constantly to move objects.
Physical demand requirements are in excess of those for
Sedentary Work. Even though the weight lifted may only be a
negligible amount, a job should be rated Light Work:
(1) when it requires walking or standing to a significant
degree; or (2) when it requires sitting most of the time but
entails pushing and/or pulling of arm or leg controls; and/or
(3) when the job requires working at a production rate pace
entailing the constant pushing and/or pulling of materials even
though the weight of those materials is negligible.
NOTE: The constant stress of maintaining a production
rate pace, especially in an industrial setting, can be
and is physically demanding of a worker even though
the amount of force exerted is negligible.
19. EDUCATION AND TRAINING
Education plays a significant role in a worker’s ability to qualify for
different occupations and level of income. Thus, in determining loss of
wage earning capacity, it is important to evaluate the degree that
educational achievement buffers or intensifies the impact of a medical
impairment on a worker’s earning capacity.
SKILLS
Prior work skills are often as important as formal education in an
individual’s qualification for employment. Someone who has only
performed unskilled or semi-skilled work in the past is unlikely to qualify
for skilled work post-injury.
AGE
Generally, advancing age may adversely impact a person’s ability to
obtain employment that involves work that is different from one’s prior
work experience or requires developing new skills.
LITERACY AND ENGLISH PROFICIENCY
The ability to read, write, and speak English fluently is a requirement for
many occupations in New York.
OTHER FACTORS
Other factors may be considered in determining an injured worker’s loss
of earning capacity. The key consideration is whether the factor impacts
the injured worker’s ability to perform paid employment.
20. We will expect that you will counter exaggerated claims of
vocational loss by obtaining evidence of your own. You must
work with your employer and perhaps obtain personnel files,
interview supervisors and redefine your original 3-point
contact.
21. FICTITIOUS BUSINESS SEARCHES
Small businesses filed with local county clerks
but not actually incorporated.
SOCIAL NETWORK SEARCHES
Focusing on public individual profiles that may
include employment and education
Information as well as “posts.”
CORPORATIONS SEARCHES
Active and defunct corporations that include
the jurisdiction and initial filing date as well as
officers of said corporation.
22. Practitioner and business licenses including and not limited to:
• Apartment Information • Notaries Public
Vendors and Apartment
Sharing Agents • Pet Cemetery & Pet
• Appearance Crematorium
Enhancement(Cosmetology, • Private Investigator
Nail, Hair Styling, Waxing) • Real Estate Appraiser
• Armored Car Services
• Real Estate Brokers
• Hearing Aid Dispensers
• Athlete Agent • Real Estate Salesperson
• Automobile Broker • Security or Fire Alarm
• Bail Enforcement Agent Installer
• Barber • Security Guard
• Bedding Manufacturer & • Telemarketer Business
Refurbisher
• Ticket Reseller
• Central Dispatch Facility
• Home Inspectors
23. LWEC IS COMPRISED OF ALL THREE ELEMENTS
Functional
Loss
Physical Vocational
Impairment Factors
LWEC
One then compares the average available wages to the
original AWW and the percentage difference becomes the
LWEC with the inverse being the wage earning capacity.
24. We believe that in many cases a
vocational specialist will be the one
that determines:
1) What jobs are available based upon
the three factors.
2) What the available jobs pay on
average.
25.
26. WORK CAPACITY AND QUALIFICATIONS
• Physical Demand as Defined by IME and/or
Treating Physician
• MMI
• Obligation to Look for Work
OTHER FACTORS: AGE, EDUCATION AND LANGUAGE
SKILLS
• Magic Number – 25 to 55
• What is SVP Range?
• Education vs. Work Experience
• Challenging Actual Language Skills
• Finding Jobs that Accept Non-English Speaking
Candidates
CALCULATING LWEC BASED ON ACTUAL WAGES
• Transition of Skills
• Wage Comparison and Analysis
27. WEC = AVERAGE PAY AMOUNT /AWW
LWEC = THE INVERSE
So if the average pay amount is $400 and the original
AWW was $600 then the WEC would be 66% and the
LWEC would be 33% with a payment of $133.33 (2/3 the
difference) for 275 weeks (33% on the chart).