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INSURANCE MATTERS
 
A Newsletter for Members of the CCAP Insurance Programs
Owned by Members, Governed by Members, Service to Members
 
May 2012
Specialty Lines
 
Hello ,
 

Harold Pumford retires at the end of May. He's the executive director of the Association of Governmental Risk Pools (AGRiP), in fact he is the only one the association has ever had. Prior to AGRiP Harold was the pool administrator for the Oklahoma municipalities pool. He devoted his career to helping public entities get the best risk management products and services in Oklahoma and then across the county.


Why am I telling you about this? Because Harold's work, example and advice, has immensely helped CCAP establish and administer quality insurance pools for its members. AGRiP has provided us with sample policies, operating manuals, timely information, best practices, excellent training and introductions to pooling colleagues across the country. The AGRiP staff gives us access to quick information about what other pools have done when presented with the same issues and problems we face in Pennsylvania. As CCAP is the professional association for commissioners, chief clerks, county administrators, solicitors and their home rule counterparts, Harold built AGRiP into the professional association for those of us who work for public entity pools. He set the example of how to provide outstanding customer service to our members, and then set out to train us how to do it. I was privileged to learn from him, to serve on the AGRiP board and as its president, and to call him a friend.

 

We take our responsibilities to our members very seriously and want to be creative, helpful and cost efficient. AGRiP helps us do that. Thanks Harold, and happy trails!

 

Make sure you call us when you need help with something,

 

                              John Sallade

 

NACoPittsburgh

In This Issue
Specialty Lines
PComp Celebrates 20th Anniversary
Greetings from Your New Medical Claims Case Manager
2012 PComp Awards
Spring Workshops!
Don't Let Your Safety Slip Away
Litigation and Employment Status
U.S. Supreme Rules on Prison Strip Searches
PCoRP 2012 Renewal
Risk Managers Added As Contacts
Governor's Work Comp Conference
Time-Out for Safety
Coverage Corner
Quote of the Month

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PComp Celebrates 20th Anniversary

 PCOMP 20th Anniv.

 

CCAP's workers' compensation insurance pool celebrated its 20th anniversary on March 25 as part of the annual meeting of the PComp members. More than 100 representatives from 25 members attended. Every PComp member received a plaque commemorating their years of membership in the pool, and every attendee received a 20th anniversary PComp portfolio.
 

Twenty-two members were recognized for participating in PComp for all 20 years: Clarion, Clearfield, Clinton, Columbia, Elk, Huntington, Indiana, Jefferson, Juniata, Monroe, Montour, Perry, Potter, Somerset, Sullivan, Susquehanna, Union and Wyoming Counties; and the following county related entities: Bedford-Somerset MH/MR, CMSU, Huntingdon-Bedford-Fulton AAA and Somerset Child Development.
 

PComp Managing Director John Sallade reviewed some historical statistics with the members. Over 20 years PComp has handled 22,400 claims for the members, an average of 1,120 per year. The estimated total incurred costs for those claims is $73,818,705 and PComp has already paid $64,537,949 for the claims. He also announced a new member service for 2012, additional assistance with Return to Work for injured workers (see separate article below).

 

Former PComp board members were invited to attend the meeting, and every PComp Board Chairman was in attendance: Dale Shelley, Juniata County Commissioner, Chairman 1993 - 1995; Brad Cober, Somerset County Commissioner, Chairman 1996 - 2007; Bill Soberick, Columbia County Commissioner, Chairman 2007 - 2011; and Joe Giles, Erie County Councilmember, current PComp Chairman.

 

George Knehr, Chief of the Self Insurance Division, Bureau of Workers' Compensation, Pennsylvania Department of Labor and Industry was the featured speaker for the dinner. George reviewed the history of workers' compensation group and self insurance in Pennsylvania, and complimented PComp members on their cooperation to manage their workers' compensation risks.

 

PComp has 47 members: 34 counties and 13 county-related entities. PComp was started in 1993 when counties experienced increasing difficulty obtaining quotes for workers' compensation insurance, as many commercial carriers would only insure public entities if they could also insure their auto or other lines of insurance which they considered more profitable. By 1993 many counties were PCoRP members and did not want to split their insurance, and asked CCAP for a workers' compensation alternative. PComp began operations in January 1994, and became the first pool approved for operation under the new group self insurance regulations promulgated by the Bureau of Workers' Compensation.

 

Greetings from your new Medical Claims Case Manager / Nurse Case Manager

By Jennifer Long, RN, Medical Claims Case Manager  

 

Hello Everyone!

 

Through funding from PComp, CCAP has added a Medical Claims Case Manager (MCCM) position to its staff. As of April 9, 2012 I am the new MCCM and am truly excited to be a part of this new endeavor. PComp members can now receive additional help with management of their Return-to-Work (RTW) programs. I have nearly 18 years of professional/clinical nursing experience, as well as workers' compensation experience and complex medical record reviews. Prior to joining CCAP, I worked with Coventry Health Care as a Workers' Comp Field Case Manager.

 

Over PComp's 20 years of operation, only seven percent of the members' claims have been lost time claims (a claim where the employee is not working, and is receiving salary replacement from their employer's workers' compensation insurance). However, these claims resulted in 77 percent of all workers' compensation costs for PComp members! We also realize that as members experience tight budgets, it becomes more difficult to manage RTW and devote the time needed to help injured employees with their transition back to work. Additionally, we have many members who do not have a full time personnel director, and we know they can really use some assistance with RTW. Finally, since only seven percent of our claims are lost time claims, many members do not have lost time claims on a frequent basis, so they are not used to managing this process.

 

I am in the process of reaching out to members and making visits to introduce myself. I will be working with the PComp claims representatives on major lost time claims, working with claimants, and even attending appointments with some injured employees. I am also able to assist members with reviewing and updating their panel providers list. If you need to reach me, please don't hesitate to email me at [email protected], or you can reach me by telephone Monday through Friday, 8 a.m. to 4 p.m. at (800) 895-9039 x 3376.

 

Thank you!

 

2012 PComp Awards

By John Sallade, Managing Director, Insurance Program

 

The following PComp members were recognized for their workers' compensation programs and activities in the past year. The awards were presented at the PComp annual membership meeting in March.

 

Marc Rice, Tioga County Risk Manager - Loss Control Award, for work to maintain the county's low experience modification, including extensive on site trainings on safety matters.

 

Adams County - Loss Control Training Award, for sending 56 employees and officials to 10 different PComp training events (most attendees of all PComp members).

 

Perry County - Loss Control Training Award, for sending 36 employees and officials to 18 different PComp training events (most events attended of all PComp members).

 

Clearfield County - Risk Management Award, for their low experience modification and prompt attention to personnel and maintenance issues.

 

Columbia County - Claims Reporting Award, for excellent claims timeliness, and completeness of information and documentation. Particular appreciation was noted for the work of Melissa Eckroth.

 

Elk County - Terry Barham Claims Experience Award, for the lowest experience modification of all PComp members (.659). This is the fourth year in a row Elk County has won this award!

 

Congratulations to all the PComp award winners!

 

Spring Workshops!
By Linda Rosito, Insurance Training Director 

The CCAP Insurance Programs is offering some excellent educational opportunities this month. We hope to see you!

 

Please keep in mind that most of our training sessions are free (if sponsored by an insurance program in which your employer is a member) AND for PCoRP, PComp and UC Trust members you can SAVE MONEY off your insurance costs by attending training sessions.

 

You should have received your copy of the spring Glimpse by now! If you need additional copies, please contact [email protected].

 

Registration is available online!

 

Here is a listing of the remaining workshops this spring.

 

May

1 - Dealing with Threats, Trauma and Violence in the Workplace, CCAP North Office - Harrisburg

2 - KEYS: Leadership Strategies for Challenging Times, Regional Learning Alliance (RLA) - Cranberry Twp.

8 - KEYS: Leadership Strategies for Challenging Times, Scranton Hilton - Scranton

15 - KEYS: Get it WRITE the First Time, Regional Learning Alliance (RLA) - Cranberry Twp.

17 - Dealing with Threats, Trauma and Violence in the Workplace, Best Western/Country Cupboard - Lewisburg

22 - Get it WRITE the First Time, CCAP North Office - Harrisburg

24 - Prison Risk Management, The Hotel Hershey - Hershey

30 - 31 - County Administration Conference, The Atherton - State College

 

 

As always, if you have any questions, please feel free to contact Linda Rosito or Jenn James at (800) 895-9039.

 

Thank you for your continued support of the CCAP Insurance Programs trainings.

 

We hope to see you this spring!

 

 

Don't Let Your Safety Slip Away

By Bob Lauzonis, Loss Control Specialist

 

WHAT'S AT STAKE

The banana peel has been a famous prop for slapstick comedy for decades, but there's nothing funny about the number of injuries associated with slips, trips and falls. Slips, trips and falls consistently rank among the top causes of both disabling injuries and deaths in all types of workplaces, from construction sites, to manufacturing operations to warehouses to offices. And this is true for counties too. In fact, the only other category of fatalities in the workplace that has higher numbers is motor vehicle accidents.

 

WHAT'S THE DANGER

There are far less obvious slipping hazards than the classic banana peel. Items as small as paper clips or even a layer of dust can floor a worker in a fraction of a second. And many workers who slip on elevated surfaces end up falling and suffering double-whammy injuries.

 

HOW TO PROTECT YOURSELF

Learn to identify the many potential slipping, tripping and fall hazards in your workplace, such as:

  •     Uneven or sloped surfaces
  •     Wet or poorly drained floors
  •     Wet leaves, snow, ice or sand
  •     Dusty floors
  •     Loose mats
  •     Open drawers
  •     Cords or hoses stretched across a floor
  •     Improper ladder use
  •     Unsuitable footwear
  •     Unattended spills
  •     Wet footwear worn on a dry surface
  •     Poor lighting
  •     Loose floor boards, protruding nails or bumpy carpeting
     

 Here are five ways you can help reduce slip, trip and fall hazards in your workplace:

  1. Housekeeping problems create many hazards. Try to keep your work area clean and orderly. An item as seemingly harmless as a pencil can easily cause someone to slip. If you see any debris on the floor, pick it up.
  2. An estimated 90 percent of slipping injuries involve wet floors. Keep work floors clean and as dry as possible. If you see an unattended spill on a floor, take a minute to wipe it up before someone slips on it.
  3. Keep aisles, stairs and passageways clear of obstructions.
  4. Report maintenance issues to your supervisor or to maintenance, such as loose floor boards or burned out light bulbs, especially in stairwells.
  5. Kids aren't the only ones at risk for tripping over untied shoelaces. Ensure that your work boots or shoes are properly tied. And remember that worn out tread or the wrong type of sole on your footwear dramatically increases your risk for slipping.

FINAL WORD

Falls always have an element of surprise. The surprise factor is what makes falls a standard comedy routine; but when they're real, slips, trips and falls aren't at all fun or funny.

 

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Litigation and Employment Status: Effects on Patients with Chronic Pain
By Jennifer Long, RN, Medical Claims Case Manager 

 

Chronic pain is not a new medical problem, but the awareness of how chronic pain affects patients involved in a workers' compensation matter is on the rise. Patients with chronic pain often suffer from emotional, as well as physical aspects of pain such as depression, anxiety, mood and sleep disturbances.

 

Of particular interest, the National Institute of Health (NIH, 1990) published an article in regard to the effects on patients with chronic pain based upon their litigation and employment status. The study selected 201 patients from a sample of 444. Of the 201 patients selected, 99 were working, 15 were working and litigating, 53 were receiving work comp and 34 were receiving work comp and litigating. Employment status (working vs. work comp) and litigation status (litigating vs. not litigating) were analyzed in a 2 x 2 factorial design with measures of pain, disability, psychological distress and selected demographics as dependent variables. What they found was that working patients, compared to work comp patients, reported significantly less disability (e.g., down-time, days spent in bed, interference of pain in daily activities) and pain of a longer duration. Compared to litigating patients, non-litigating patients reported less pain and less disability. On two measures of psychological distress (depression and anxiety), there were significant interactions: work comp patients who were litigating reported less distress than non-litigants, while working patients who were litigating reported more distress than non-litigants. The results of the study suggest clear differences in self-reports of disability associated with both employment and litigation status. They also suggest that litigation may function as a coping response for patients who are distressed by the adversarial nature of the work comp system.

  

Footnote:

Tait, R., Chibnall, J., & Richardson, W. (1990). Litigation and employment status: effects on patients with chronic pain. PubMed - NCBI. National Center for Biotechnology Information. Retrieved April 18, 2012, from http://www.ncbi.nlm.nih.gov/pubmed/2148975

 

U.S. Supreme Court Rules on Prison Strip Searches

By John Sallade, Managing Director, Insurance Programs
 

The U.S. Supreme Court has ruled on the Florence v. Board of Chosen Freeholders of the County of Burlington prison strip search case. Their ruling has been welcomed by prison officials as it allows strip searches of pre-trial detainees who will be part of the general population in the prison. The configuration of many Pennsylvania county prisons does not allow for pre-trial detainees to be held separate from adjudicated inmates.

 

We encourage county officials and corrections staff to review the court's ruling (see the link to a Supreme Court blog below, this is a good source for all the documents). Note the writer of the blog is the attorney who argued the case before the court for the plaintiff.

 

Counties are encouraged to keep in mind the ruling seems to emphasize the strip search is related to the logistics of each jail. If you have the ability to segregate pre-trial detainees from the general jail population then you should not assume you can strip search detainees unless there is a reason (as should be your current practice). If you cannot segregate pre-trial detainees, then the fact that they will be in the general prison population is a reason to strip search. We suggest you continue to document why you are strip searching any detainee.

 

Media coverage of the case has been less than exact. This case concerned visual strip searches, not cavity searches. Some less than accurate commentary about this ruling makes it sound as if prison staff can conduct cavity searches as a result of this ruling, and we do not believe this is the case.

 

Here is the link: http://www.scotusblog.com/case-files/cases/florence-v-board-of-chosen-freeholders-of-the-county-of-burlington/

            

PCoRP will be revising its Model Strip Search policy and we will send to all PCoRP member counties.

 

Please note this is not a legal opinion. Counties should consult their solicitor for a legal review.

 

PCoRP 2012 Renewal
By John Sallade, Managing Director, Insurance Programs

 

PCoRP members will be receiving their renewal packets in early May, for the June 1 2012 - May 31, 2013 policy year. The packet will contain pricing information, the updated Coverage Document and more.

 

The PCoRP Board of Directors met on April 12 and completed all the renewal decisions. Due to PCoRP's continued strong finances, the board was able to keep the average cost of the renewal to an increase of four percent compared to last year. Member exposures (property values, payroll and vehicles) went up close to four percent and we are pleased the average increase will generally match the exposure change.

 

Members are reminded their individual PCoRP' costs are very dependent upon claims experience, so members with better than average claims costs should expect increases at four percent or less, and some may even see a reduction in costs from last year. Similarly, members with large changes in exposures may see costs change accordingly.

 

There are a few changes to the coverage PCoRP provides to the members. Effective June 1, 2012 we are dropping Underinsured Motorists Coverage (UIM). While state law requires Uninsured Motorists (UM) coverage must be provided, there is no requirement for UIM to be provided. Another Pennsylvania pool has recently lost a case where they tried to exclude the UIM coverage on a claim for which the employee was collecting workers' compensation benefits. Increasingly we are seeing plaintiff attorneys trying to access UIM coverage to gain funds above workers' compensation benefits.

 

Other changes to the Coverage Document were made to clarify coverage and update definitions. The changes will be detailed in the renewal packet.

 

Risk Managers Added As Contacts

As part of CCAP's efforts to support counties and professional risk management, we are adding all full time county risk managers to our main contact listing for counties who are members of any CCAP insurance pool. This means they will receive the same updates and renewal information as the county's local insurance producers, claims coordinators and loss control contacts. The main impact of this change will be to include full time county risk managers in renewal mailings, including renewal applications, underwriting communications about the renewal, and the distribution of the renewal packet.

 

CCAP also supports risk managers through credits from the PCoRP and PComp insurance pools, saving money on loss fund contributions and premiums, and through regular meetings of the County Risk Managers Council.

 

Governor's Work Comp Conference 

The 2012 Workers' Compensation Conference will be held June 11 and 12 at the Hershey Lodge & Convention Center.

 

Presented by the Bureau of Workers' Compensation, over 1,000 people usually attend this annual event, which provides the opportunity to hear about current, hot workers' compensation topics as well as to network with other professionals in the workers' compensation community.

 

Here is a link to detailed information about the conference, including registration: http://www.portal.state.pa.us/portal/server.pt/community/annual_conference/12991

 

Questions about the conference can be sent to Christine Acri, Administrative Assistant, Bureau of Workers' Compensation, Department of Labor & Industry, 1171 S. Cameron St., Rm. 109, Harrisburg, PA 17104-2501, phone (717) 886-9044, fax (717) 705-1629, www.dli.state.pa.us, email: [email protected].

 
Time-Out for Safety
By Bob Lauzonis, CCAP Loss Control Specialist 
 

SAFETY SLOGANS FOR BACK SAFETY, LIFTING AND MATERIAL HANDLING

  •    If you want safety to win, don't stack above your chin.
  •    Lift safety up on your list of priorities.
  •    Protect your back; It's the foundation of your entire body.
  •    Don't be a fool, save your back; use proper technique as a form of attack.
  •    Smaller loads may cost time, but will save your county lost time.
  •    Never obstruct your view. Your safety is up to you.

 

National Safety, Awareness and Wellness Observances For May:

 

Dog Bite Prevention

Safe Boating

Occupational Safety, Health and Loss Control Professional

Motorcycle Safety

Better Sleep

Correct Posture

Melanoma/Skin Cancer

Physical Fitness and Sports

Return To Work

Nurses

Join Hands - Youth and Adults Volunteering Together

 

Coverage Corner 

Reminders and Pointers about Insurance Coverage and Risk Management 

By Karen Cohen, Property and Casualty Programs Manager

 

Waiver of Subrogation

Be sure to check contracts for Waiver of Subrogation provisions and review them carefully. Discuss with your insurance producer what - if any - impact this provision may have on your insurance coverage. If you waive your right to subrogate it usually means you cannot attempt to recover costs for damages resulting from the work or advice provided to you by the contractor. Additionally, under Pennsylvania law and court rulings, if you waive subrogation your insurer cannot try to subrogate for you.

 

Questions or comments? Contact Karen Cohen, CCAP's Property and Casualty Programs Manager
 
Quote of the Month
 
 "Only a mediocre person is always at his best."
 
 - W. Somerset Maugham
 

CCAP Insurance Programs
 
PO Box 60769, Harrisburg, PA 17106-0769
Phone (800) 895-9039 - FAX (717) 526-1020
Claims Fax (888) 692-2368

 Click here to go the Insurance Section of the CCAP Website.

 

email: [email protected] 

 

Insurance Matters is published monthly by CCAP's Insurance Programs for the use of members of CCAP's UC Trust, PCoRP, PComp, PIMCC, COMCARE, COMCARE PRO, PELICAN, Health Alliance and other insurance programs, and insurance producers of these members.

 

Advice contained in this publication is not legal advice and members are encouraged to seek the opinion of their solicitor.

The information provided in this publication is not intended to take the place of professional advice. Readers are encouraged to consult with competent legal, financial, or other appropriate professionals. Statements of facts and opinions expressed in this publication, by authors other than Association staff and officers, are the sole responsibility of the authors and do not necessarily represent an opinion or philosophy of the officers, members and staff of the County Commissioners Association of Pennsylvania (CCAP). No endorsement of advertised products or services is implied by CCAP unless those products or services are expressly endorsed, or are owned or managed by the Association programs, or our affiliates. This publication may not be reproduced, modified, distributed, or displayed in part or in whole, by any means, without advance written permission of CCAP. Please direct your requests to John Sallade, Managing Director, CCAP Insurance Programs, [email protected]

 

 

Note: As part of its copyright agreement the CCAP grants the author the right to place the final version of his/her manuscript on the author's homepage, subject to CCAP's standards, or in a public digital repository, provided there is a link to the CCAP website.

 

 

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