Focus

8 Pages·1994·0.34 MB·English

by  Montana. Employment Relations Division

1
Compen MONTANASTATELIBRARY
Yews
yrkers' I
i8.4105
3 0864 001 2549 3
F i
•99 VOL 5 NO 1
Jerry Keck,
Administrator 444-1555
John Weida, BureauChief
WorkCompClaims 444-4661
I'olunu.-5- Issue I - IVW
KeithMessmer, BureauChief
Regulations 444-6541
JohnMoloney, Bureau Chief
Safety 444-1605
£bflnges
^**i
JohnAndrew, BureauChief
Labor Standards 444-4619
Kathy Helland, ActingBureau Chief
SUMMARY OF 1999 LEGISLATIVE CHANGES Human Rights 444-4345
The following article summarizes the laws enacted by the 1999 CUantihnysuBrreodwEnm-pKlouymemre'rs Fund 444-7720
Legislature which affectworkers' compensation and safety. Ifyou have
any question pertainingto these changes, please call the appropriate staff Jeanne Johns
person listed to the right. Regulations Section 444-6526
BENEFITS DreaBrown
SJR 15 requires the Legislative Council to use an interim commit- ICnodnetpraecntdoerntReCgoinsttrraacttioornExem4p4t4io-n95&86
tee to study the current level of benefits paid to injured workers, and the
frequency ofindemnityclaims under the Workers' Compensation Act. Carol Gleed
Findingsand recommendationsare to be reported tothe 57th Legislature. Claims Unit 444-6539
The Legislative Interim Committee on Laborand Employment Relations is
assigned the study. GaryHolt
DataManagement Unit 444-6527
SAFETY
Charlotte Payne
SB 21 mandates the Safety Bureau to assume responsibility forthe Mediation 444-0083
Montana Occupational HealthAct.
The Occupational and Radiological Health Bureau, which had INSIDE THIS ISSUE
been the seatofadministration ofthe Occupational Health Act (OHA),
wasdisbanded duringthe reorganization ofthe DepartmentofEnviron-
mental Quality and those functionswere most recently located in LegislativeSummary 1
DEQ's Financial and Technical Assistance Bureau. Saving Trees & Key Strokes 4
Because ofa change offocus and a lack ofappropriate resources, Beware! 4
the staffat DEQ are able to work only in the area ofindoorairquality, Governor's Conference 5
a very specific subspecialty of industrial hygiene. Consequently, they
could do very little work in the area ofgeneral occupational health, Governor'sConference Registration... 6
opting instead to refer health hazards to the Safety Bureau at the Who'son First 7
DepartmentofLaborand Industry.
The Safety Bureau has been responsible for enforcement ofthe
Montana SafetyActand hasstaffin place to inspect, advise and instruct
EDITOR:
public employers in Montana on the various aspects ofworkplace
RainiWilliams
safety. With only one Industrial Hygienist, the Bureau was able to work DepartmentofLaborandIndustry
on a limited numberofworkplace "health" issues, although thatwas EmploymentRelationsDivision
notthe original charge ofthe Montana SafetyAct. POBox8011
The Safety Bureau had been "unofficially" enforcingcertain health HelenaMT59604-801
standards forsome time underan Memorandum ofUnderstandingwith 406-444-1574
the previous DepartmentofHealth and Environmental Sciences. nvilliams(q)state.mt.us
continuedonpage 2
Montana DepartmentofLaborStIndustry-EmploymentRelationsDivision
JF'OCUS
Issue* 1999 Workers'CompensationNews
I,
Changes - continuedfrompage I
Personnel in the Bureau feel it is in the best interest ofoccupational health
and safety in Montana to "officially" take the appropriate action to become the
enforcementagencyforthe OHA. They feel thatoccupational health and
safety should be unified, as there is very little distinction between them.
Unifying safety and health enforcement will serve to make efforts in these
areas less fragmented.
The SafetyBureau can offersubstantial supporttothe Occupational
Health Act in terms oftraining, equipment, expertise ofcurrentstaff, and
statistical information regarding high hazard employers. It is natural to have
the administration ofsafetyand health in the same agency.
On July 1, one industrial hygienist from DEQ will transferto the Safety
Bureau and will have initial authority forthe Montana Occupational Health
Act. That position is currently filled byJudy Murphy, who is very familiar to
the current staff. Everyone is looking forward to having her in the Bureau.
ADMINISTRATIVE ASSESSMENT
SB1 1 7 establishes the assessment percentage used to fund the
administration ofthe DepartmentofLaborand Industry'sworkers' compensa-
tion regulatory functions. The ratewas set at3% ofthe compensation
and medical benefits paid to injured workers in the previous calendar
year.
Additionally, the bill requires each insurer providing workers'
compensation insurance to collectfrom theirpolicyholders an amount
equal tothe insurer's portion ofthe Workers' Compensation administra-
tive assessment through a surcharge based on premium. Self-insureds
will pay 3% ofthe actual compensation and medical benefits paid. What this
means to you as a policyholder is that you will now see a line item on your
insurance bill identified as the "workers' compensation regulatory assess-
mentsurcharge".
As the description indicates, this assessment surcharge is used to
fund the workers' compensation regulatory functions performed bythe
DepartmentofLaborand Industry. These regulatoryfunctionsare not
new. Thecost ofregulation has not increased from FY 1999 to FY2000.
Previously, the cost ofthese functions was built into the overall pre-
mium charged bythe insurer.
The DepartmentofLaborand Industry's Employment Relations Division
provides a wide variety ofservices and regulation related to industrial safety
and workers' compensation laws.
These functions include such things as: workplace safety inspections in
the public sector, inspections ofsurface and underground mines, review of
industrial injuryand occupational disease claims, collection ofdata related
to the workers' compensation system, mediation ofdisputes, self-insurance
regulation, and developmentofmedical costcontainmenttools.
Anothersurcharge that will be added to your premium notices will be
the "Workers' Compensation Subsequent Injury Fund surcharge". This
surcharge will finance the Subsequent Injury Fund which is used to provide
an incentive for employers to hire individuals who have permanent impair-
mentsthatcreateasubstantial obstacle to the individual obtainingemploy-
ment. Again, this program is not new. The Fund was established in 1973.
Senate Bill 1 17 also made achange to the Subsequent Injury Fund
certification process. The amendment will allow certification ofworkers who
have been employed for more than 60 days. Previously, ifthe workerwas
continuedonpage 3
Montana DepartmentofLaborSrIndustry- EmploymentRelationsDivision
JF&CUS
Workers'CompensationNews Issue#1. 1999
Changes - continuedfrompage2
not certified within 60 days ofreturningto work, the employerwas not
eligible forthe protection ofthe Fund.
SB 1 17 amends Section 39-71-610, MCA. This Section applies in cases
where the insurer has terminated biweekly benefits and the injured worker
disputes that termination. The law allows the department to orderthe
insurerto payadditional compensation (not to exceed 49 days) priortoa
hearing. The 1999 legislature amended this section to clarify that benefits
can be ordered priorto a mediation conference aswell as a court hearing.
MANAGED CARE ORGANIZATIONS
HB 430 (effective October 1, 1999) provides that ifa workeris
referred toa managed care organization (MCO), written notice is required
afterthe date ofinjuryand must advise the workerofthe right to choose
the initial treating physician. The bill also provides that workers must be
given written notice ofreferral to a preferred providerand the notice must
cite the rightofthe worker to choose the initial treating physician.
SILICOSIS
HB 495 (effectiveJuly 1, 1999) provides foran increase of$25 per
month for each individual who receives silicosis benefits.
DISCLOSURE
HB 557
(effective April 27, 1999) provides that a signed workers'
compensation claim authorizes disclosure ofrelevant information to
insurers and is effective only as long as the claimant is claiming benefits.
Disclosure includes information relevant to the claimant's condition,
including past historyofsimilar conditions, conditions forwhich benefits
are claimed, and otherconditions related to the same body part orcondi-
tionsthatmayaffect recovery.
EMPLOYMENT RELATED DISPUTES
HB 592 signed by Governor Racicot on April 23, and sponsored by
Representative Hibbard, came aboutasthe resultofrecommendations
made by an interim studygroup. The group was charged with reviewing
processes used in the Department of Laborand Industryto resolve
employment related disputes, includingworkers' compensation matters.
Ofparticularinteresttothe workers' compensation communityare
changes thatwill treat all benefit related matters in a similar fashion.
Prior to HB 592, cases involving benefit issues, such as occupational
disease and palliative and maintenance care, were required to go through
the contested case procedure ofthe DepartmentofLaborpriortosubmis-
sion to the Court. Other benefit issues proceeded to mediation and then to
the Court. HB 592 provides that all benefit issues will proceed to media-
tion and then to the Court, thus relievingthe parties of the contested case
process and placingthe emphasis on mediation and more timely, efficient
resolution ofdisputes.
Otherchanges brought about bythe legislation addressthe occupa-
tional disease review process as well asjurisdictional questions involving
the Workers' Compensation Court and the District Courts. The change will
place workers' compensation matters in the purview ofthe CompCourtand
notthe DistrictCourts.
The Department is presentlystudying the changes and preparing
additional information to implementthe provisionsofHB592.
MontanaDepartmentofLaborStIndustry-EmploymentRelationsDivision
FOCUS 1
Issue#1. 1999 Workers'CompensationNews
SAVING TREES AND KEY STROKES
MONTANA
IN
LoriWilliams
The 1999 legislature, in SB 1 17, added to39-71-225 MCA, language that
mandates electronic reportingofworkers' compensation information. This
law specifiesthat, "beginningJuly 1, 2000, an insurerora third-partyadmin-
istratorwho submitted 50 or more "first reports ofinjury" (FROI) tothe
department in the preceding calendaryearshall electronically submit the
reports and any other reports related to the reported claims in a nationally
recognized format "...
The electronic submission of first reports of injury has worked well in
Montana for those who have already volunteered. This electronic reporting
is more commonly known as Electronic Data Interchange, or EDI.
Banks, retailers and wholesalers have used this technology for many
.
'years. EDI is now used in many other industries. The Kennedy/
Kassenbaum Health Care PortabilityAct mandates EDI in the health care
industry. This mandate includes the First Report of Injury.
MontanajoinsTexas, Florida, South Carolina, Kentucky, Californiaand
new Mexico which have similar mandates in place. There is software
available that provides this technology to employers so the FROI may be
sent electronically from the employer to the insurer and on to the state.
Trading partners receive an acknowledgement for their records similar to a
return receipt from the post office.
The International Association ofIndustrial Accident Boards and Com-
missions offers an EDI vendorcertification program. For more information
see theirweb site at; www.iaiabc.org, orcall them at [phone]. Lori
(Williams is the EDI Coordinator forthe Employment Relations Division. You
maycontact herat; [email protected] [phone].
BEWARE!
Julia Crane
Ithas cometo ourattention thatthere are companies who are purchasing First
ReportofInjury(FROI)formsatthemodestcostof$14.15 perhundredintriplicate
through ERD andthen sellingthem atavery inflatedprice. Oneperson hasmentioned
she hated to get any more because they are so expensive. She said hersuppliercharges
over$100.00 perhundred. Atthis point, itappearsthere isnowayto legallystopthese
companiesfrom purchasingthese forms.
Ifyou need FROIs, please send yourcheck in advanceto Sue Schaff, Accounting,
IF YOU ARE INSURED DMeTpartmentofLaborandIndustry,EmploymentRelationsDivision,POBox 1728,Helena,
59604-1728.
BY THE STATE FUND,
Shewould be happy to sendyou an orderform which lists the otherformsthatare
YOU MAY CALL
available. Ifyouorder"nocharge" itemsorneedorderforms,pleasecontactJuliaat(406)
1-800-243-9121 444-6543orwritetoJuliaattheDepartmentofLaborandIndustry,EmploymentRelations
AND SUBMIT YOUR Division,POBox8011,Helena,MT59601-81
FIRST REPORT OF Also,FROIsareavailableelectronicallythroughLoriWilliamsat
[email protected]
INJURY.
Pleasehelp spread this information to all employers, adjusters, attorneys oranyone
whomayneedFROIs.
Thanks!
4 MontanaDepartmentofLabor&Industry- EmploymentRelationsDivision
OCCJS
Workers CompensationNews Issue#1, 1999
TIME
IT'S
FOR THE GOVERNOR'S CONFERENCE
ON WORKERS' COMPENSATION AND
OCCUPATIONAL SAFETY
The annual Governor's Conference on
Workers' Compensation and Occupational Safety
will be held at Big Sky's Huntley Lodge on September 15-17, 1999. This
year's agenda promises to be lievely and informative. The conference will
once again contain a Workers' Compensation trackand an Occupational
Safetytrack.
Speakers and topics for the * What Issues are Facing
safety portion ofthe conference j$F Insurers and Claimants Today
include: in Workers' Compensation? -
A Legal Perspective, Tom
Safety and Health
Murphy, OliverGoe, Leo Ward
Management Systems, Bob
J*f
Winston, ValorInsurance 3D Presentation on Spinal
J5v Injuries, Dr. PaulYoung,
Confined Spaces - Myths, MicrosurgeryandBrainResearch
Urban Legends and the Facts,
Institute, St. Louis, Missouri
JohnRekus, Private Consultant
Workers' Compensation
M
Hazard Communication, Kathy
Court, JudgeMike
&t Smit, Maxim Technologies, Inc. McCarter TO
OSHACompliancefitLiability, Be sure to stay for he REGISTER,
John Rekus CALL KEITH
closing keynote by
Richard Pimentel. Mr. MESSMER AT
Workplace Violance, Chuck
O'Reilly, Sheriff, LewisandClark sPipmeiankteerlwisitahdlyotnsamoficgreat 406-444-6541
County(Retired)
information.
To register, please
Speakers and topics for the workers' contactKeith Messmerat444-
compensation portion ofthe 6541, [email protected]. If
conference include: you want to participate as a spon-
sor, call LaceyCulverat406-444-
The Future ofDisability and 0776, [email protected]. We also
jjf Early Return to Work, Richard have room fora few more exhibitor
Pimentel-Milt Wrightand booths. Ifyou're interested in
Associates, Inc. being an exhibitor, please call
JeanneJohnsat406-444-6526,
Workers' Compensation From
[email protected].
jlf the Workers' Perspective, Don
Judge, ExecutiveDirector, SAFETY AWARD WINNERS
MontanaAFL-CIO
Safety Award winners for 1998, awarded at last year's conference, were:
* Ethical Considerations in
ffc Rehab and Case Management, Private employers: Big Sky Coal Company ofColstrip and the US filter/
Tom Lewisand WillLynn EOS ofGreat Falls
Public Employers: UniversityofMontana, Missoulaandthe Butte/Silver
Bow Fire Department
MontanaDepartmentofLaborScIndustry- EmploymentRelationsDivision
D
REGISTRATION
GOVERNOR'S CONFERENCE ON WORKERS'
1999
COMPENSATION AND OCCUPATIONAL SAFETY
September 15-17, 1999
Big Sky, Montana
Duplicate/use additional paper as necessary;
mail completed registration to:
EMPLOYMENT RELATIONS DIVISION
DEPARTMENT OF LABOR & INDUSTRY
ATTENTION: KEITH MESSMER
P.O. BOX 1728
HELENA, MT 59624
Name/Title (as it will appear on name tag)
Business/Agency (as it will appear on name tag)
Address
Street/P.O. Box
City State Zip
Advanced Registration - enclose $100.00 per participant. Please make checks payable to
"Governor's Conference."Registration at conference - $125.00
Please check if you plan to attend the banquet on Thursday evening, September"!6th
J
ROOM RESERVATIONS
Please make your own room reservations
Huntley Lodge Best Westerm Buck's T4 Lodge
[phone] (in state) 1-800-822-4484
1-800-548-4486(out-of-state)
Standard Deluxe
1 to 2 people -$100 Sgl $67 $75
3 people - $110; 4 people - $120 Dbl $77 $85
Shoshone Condominiums - Trpl $87 $95
Suite (sleeps four) - $150 Quad $97 $105
Big Horn Condominiums Includes hot breakfast buffet
3-bedroom, sleeps 8 - $215
Make your reservations early - rooms will be held atthis rate until 8/15/99.
Be sure to mention Department of Labor and Industry
or Governor's Conference on Workers' Compensation and Safety
wocus
Workers'CompensationNews Issue# 1999
I,
Who's on
First?
ANSWERS TO MOST FREQUENTLY ASKED QUESTIONS
The following questionsare some ofthosewe hearmostfre-
quentlyatthe Assistance for Business Clinics held twice ayear
throughoutthestate. Ifyou havea questionyou'd likeanswered andyou
don'tfind ithere, please [email protected]. I'll
research theanswerand printitin the followingissue ofFOCUS.
WHENDOWAGE LOSS HOWLONGDOESAN
BENEFITS BEGIN? EMPLOYERHAVETO
Benefitsbeginwhenaclaimis PAYTHEINJURED
acceptedbytheinsurerorplacedunder WORKER'S FRINGE
areservation ofrights, and wage loss BENEFITS?
exceeds48hoursorsixlostworkshifts. Thisisatthediscretionofthebusiness
/0\ DOESAN EMPLOYER HOWLONGDOESAN
V/J^)
\\? HAVETO HIREAN EMPLOYEEHAVETO
\J INJURED WORKER C^ NOTDTYTHEm
BACK? EMPLOYEROFAN FOR MORE DETAILED
Aninjuredworkermustbegivenahiring INJURY? ANSWERD TO THESE
preferencefortwoyearsfromthedate Although aworkerisgiven thirty(30) QUESTIONS, PLEASE
CALL
oftheinjury. Thepreferenceappliesto daystoreportaninjurytotheiremployer,
CAROL GLEED AT
a comparable position that becomes we recommend that employeesreport
444-6539 OR
vacant ifthepositionisconsistentwith all on-the-job injuriestotheiremployer
E-MAU. CAROL AT
theworker'sphysicalcondition. as soon aspossible.
a [email protected]
CANAN EMPLOYER HOW LONGDOESAN
(Jj\
FILLTHE INJURED Vf? INJUREDWORKER
WORKER'S POSITION? HAVETOFILEA
Yes WORKERS'COMPENSATION
CLAIM?
/O) CANAN EMPLOYER A
written and signed First Report of
\\? ACCESSAN INJURED
Injury(FROI)mustbesubmittedwithin
ij WORKER'SMEDICAL
twelve(12)monthsofthedateofinjury.
RECORDS?
This form can be submitted to the
Notunlesstheclaimant signsawritten employer, theworkers' compensation
releaseauthorizingtheemployertohave insurer, ortheDepartmentofLaborand
accesstotheirrecords. Industry.
HOW LONGDOESAN /0\ DOESAN INJURED
EMPOYERHAVETO V,p WORKERHAVETHEIR
FTLEACLAIM? \J CHOICEOFINITIAL
Employershavesix(6) daysto TREATINGPHYSICIAN?
notifytheirinsurerofareportedinjury. Yes. Theinjuredworkerhas
Montana DepartmentofLabor&Industry-EmploymentRelationsDivision
FO
US
C
Issue#I. 1999 Workers'CompensationNews
thechoiceofinitialtreatingphysician.However,theinsurercandirecttheinjured
workertoaManagedCareOrganization (MCO)orpreferredproviderfor
furthercare.
AN INJUREDWORKERRESPONSIBLE FORMEDICAL
IS
PAYMENTS?
Possibly. Afterthefirstvisittoamedicalprovider,claimantsmaybecharged
aco-paymentof$10.00,or20%ofthecostofeachfollowingvisit(whicheveris
less).
Afterthefirstvisittoanemergencyroom,claimantsareresponsiblefora
$25.00co-paymentforeachfollowingvisittotheemergencyroom.
Ifthe injured worker is directed to a managed care organization or a
preferredprovider,theinjuredworkerisnotresponsiblefortheco-payment.
WHEREDOWE GETTHEFIRSTREPORTOFINJURY
(fib
^f< (FROI)FORM?
EmployerscanorderasupplyofblankformsbycallingtheEmployment
RelationsDivisionat(406)444-6543. YourlocalJobServiceofficemayalsohave
formsavailable.
DEPARTMENT OF LABOR AND INDUSTRY
BULKRATE
EMPLOYMENT RELATIONS DIVISION POSTAGE
U.S.
P.O. BOX 8011 PAID
HELENA, MT 59604-8011 HELENA,MT
PERMITNO. 89
RETURN SERVICE REQUESTED
DEADHEAD
LBRY COMM ATTN PERS OFCR
(8)
1515 E6TH
HELENA MT
59620-1800
3300 copies ofthispublicdocument werepublishedatan estimatedcost of39<tpercopy,fora totalcost of
$1287.00, which includes $937.00forprinting and$350.00fordistribution.
MontanaDepartmentofLaborScIndustry- EmploymentRelationsDivision