cmonfils | November 8, 2011
Large, cutting-edge employers are introducing their workers compensation and nonoccupational disability claimants to wellness programs originally launched to reduce illnesses treated through their standard health care plans.
cmonfils | July 11, 2011
Stark & Stark, attorneys for appellant (Kevin M. Bradway, on the brief).
Paula T. Dow, Attorney General, attorney for respondent (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Stephanie L. Meredith, Deputy Attorney General, on the brief).
Before Judges Axelrad, R. B. Coleman, and Lihotz. (more…)
cmonfils | July 11, 2011
The Subrogator Spring/Summer 2011
By Kammy Poff, Allstate Insurance Company, Roanoake, VA and Daran Kiefer, Kreiner and Peters Co., LPA, Cleveland, OH
Bills/Legislation
In February of this year, the National Association of Subrogation Professionals (NASP) embarked on a trip to Pierre, South Dakota. House Bill 1184 had just passed in the South Dakota House of Representatives and was on its way to the Senate. NASP was slated to testify before the Senate Judiciary Committee. House Bill 1184 needed to be stopped in the Senate. (more…)
cmonfils | June 20, 2011
MyHealthGuide Source: 6/16/2011, www.SIIA.org
Continuing efforts to represent the interests of SIIA’s workers’ compensation members, SIIA officials remain actively focused on relevant legislative issues. Working hand-in-hand with other interested groups, SIIA strongly supports measures that would effectively reduce the financial and administrative burdens for workers’ compensation plans. (more…)
cmonfils | April 12, 2011
California Senate Bill 863, which was introduced February 18, 2011, would change the way health plans, disability plans and health care providers pursue recoveries in workers’ compensation cases appealed to the California Workers’ Compensation Appeals Board (WCAB). The proposed modifications which would affect NASP membership are: (more…)
cmonfils | March 7, 2011
The Self-Insurer February 2011 By Steve Kokulak
Given that the burden of rising health care costs, especially costs associated with workers’ compensation and absenteeism, falls hardest on self-funded employers, they are well advised to become more hands-on with their employees’ health and wellness. Creating a healthier workforce generates higher productivity while curbing health care costs and costs associated with injuries in the workplace—including replacing workers and potential litigation expenses. The incentive for employers is greater return-on-investment (ROI). According to the American Journal of Health Promotion, wellness programs health care costs by an average 26 percent and cut sick leave by an average of 28 percent. (more…)
cmonfils | March 7, 2011
NASP testifies in South Dakota: Committee Rejects HB 1184
South Dakota’s House Bill 1184 was voted down in the Senate Judiciary Committee on February 24, 2011 by a 4-3 vote. Daran Kiefer, NASP’s Vice President, and Kammy Poff, NASP’s Amicus Chair, testified in front of the Senate Judiciary Committee last Thursday on behalf of NASP as to the impact the bill would have on the subrogation industry and consumers. John Foster with State Farm and past President of NASP, also testified on behalf of his company as to the detrimental impact of the bill. NASP was quoted by the Associated Press in opposition to this bill. The article can be found HERE. (more…)
Adam V. Russo | December 8, 2009
Effort to curb Medicare costs raises questions
Roberto Ceniceros
Insurers and self-insured employers face a Dec. 31 deadline to register with a federal agency, but numerous questions remain about what workers compensation and liability claims data must be fed into the Medicare system, several experts say. (more…)
Adam V. Russo | November 13, 2009
In 2009, several medical malpractice tort reform bills were introduced to eliminate subrogation rights for all types of lines, including workers’ compensation, health and disability.
Adam V. Russo | November 13, 2009
Wyoming’s House Bill sought to amend worker’s compensation statutes reducing subrogation recoveries for the injured party’s attorney’s fees. The bill ordered “Any recovery by the state shall be reduced pro rata for attorney fees and costs in the same proportion as the employee is liable for fees and costs.”
Adam V. Russo | November 13, 2009
Kentucky House Bill seeks to reduce worker’s compensation recoveries for attorney’s fees.
Adam V. Russo | November 13, 2009
South Dakota’s Senate Bill 26 clarifies that a ruling by an employer that a bill or injury is not work related creates a presumption that the bill or injury is “non-work” related for purposes of any other insurance. An exclusion in an auto, health or disability policy for work related injuries would not apply. If the bill or injury is later determined to be “work-related”, then the proposed statute would obligate the employer to reimburse the health, auto or disability insurer for their payments.
Adam V. Russo | June 12, 2009
NASP, www.subrogation.org
On June 8, 2009, Maine’s Governor signed into law legislation to reverse the Maine Supreme Court’s decision in Legassie vs. Securities, Inc. See Maine Senate B. 500. The bill clarifies that there will be no reduction of future workers’ compensation benefits to an employee due to a lump sum settlement of a prior work related injury. The bill applies retroactively to all injuries including pending cases and those on appeal.
(more…)
Adam V. Russo | June 12, 2009
NASP, www.subrogation.org
Connecticut has introduced a bill that would reduce every Workers’ Compensation subrogation claim for the injured employee’s attorney fees and necessary expenses. See Connecticut House Bill 6683 as amended. Connecticut’s law provides that the employer does get the first recovery dollar once a reduction for attorney fees is calculated when the employer joins as a party plaintiff in the litigation. If the employee sues, then the claim of the employer automatically gets reduced by one-third for attorney fees. The amended statute exempts the State, political subdivisions and the Second Injury Fund from any such attorney fee reduction. Connecticut law seeks to ensure employee attorneys recover their fees from the employer once a case is filed. This bill failed for now as the legislative session ended.
