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... with drugs and alcohol. Employers who hire recovering substance abusers receive tax incentives from the Commonwealth of Pennsylvania and the federal government-and they get an opportunity to provide a second chance to someone who is willing to work. Montgomery knew that Beal offered potential employees a place to work, but more importantly, he knew Beal cared about people. Beal's caring approach is illustrated in the example of a former worker who had been with Rizzo's for 18 years before leaving for another job. When the worker, who had come to hold a principal position at Rizzo's, lost his new position, Beal soon suspected that an alcohol problem was the culprit. He took his former worker and friend to get counseling and eventually offered him a full-time job with a full benefits package if he would agree to enroll in a rehabilitation program at Miremount Center. The center provides an important link between Beal and employees undergoing rehabilitation for substance abuse problems. Not only did Beal offer the worker a full-time job, he also provided help to his family during this period. His intervention paid off. After only 28 days, the employee was back at work and has recovered his self esteem, his family and his future. Beal has proved the merit of what PECORA seeks to accomplish in the caring attitude he fosters in his own workplace. He currently has eight employees recovering from substance abuse problems working for him, one-half of whom hold key management positions in his company. People ask me why I hire known substance abusers, ' observes Beal, and my response is, Well, at least I know what I'm getting. When ...

... period is sick from the same illness six days one month, ten days the next month, and so on. If the client doesn't accumulate 90 days of disability within six months, the waiting period starts over. A 12-month period is clearly preferable for this client. Exclusions: Disability policies generally contain exclusions, although some policies only exclude war or an act of war. Among the other possible exclusions: self-inflicted injury, committing or attempting to commit a felony, normal pregnancy, drug abuse, and alcoholism. Premium waivers: The waiver of premium generally takes effect after 90 days, or the elimination period. This waiver will reimburse the premiums paid during that period. In addition, some insurance companies will continue to pay the agent renewal commissions while the client is collecting for the claim. Rehabilitation: A rehabilitation benefit allows the client a set amount toward an occupational rehabilitation program, along with the regular monthly benefits. The treatment of injuries feature allows the policyholder 25% to 50% of the monthly benefit for a nondisabling accidental injury. It can be used per occurrence, and it doesn't coordinate with current medical coverage. In addition, there's no cap on how many times it can be used. Options Disability policies offer a number of options, allowing the agent to tailor the policy to the client's specific needs. These options include: Residual benefit: Under the residual benefit, the policyholder can receive a portion of the benefits, even while working and under a doctor's care. The client must lose 20% to 25% of income to qualify for a partial benefit, and ...

... accuracy (see applicable state law) . Workers Comp laws in most states provide a statutory penalty of 15% to 25% reduction of attorney's fees for improperly filed petitions. One simple way to reduce claims payouts is to avoid claims that are ineligible for payment. Check each state's Statute of Limitations as applied to: Filing of a claim for benefits. Filing of a Petition. Closure of claims files, on non-litigated claims. You'd be amazed at the number of claims that might be dismissed due to the running of applicable Statutes of Limitations. You'll have bought' another claim if any payments are made to the claimant. REDUCE MEDICAL PAYMENTS Once a claim has been established, payouts might be diminished when the claimant has reached their maximum medical improvement and further treatment would provide no benefit. A rehabilitation nurse or medical management personnel might be of great value. The Workers Comp Board might find, with the submitted evidence, that further treatment is unnecessary. They can use the same meds to determine an agreed on percentage of temporary, permanent, partial, or total disability. Regarding medical bills, most adjusters would, if authorized, have a specialized firm review medical bills and charges. Many managed care firms will do this and determine if charges for treatment are appropriate for the injury. In addition, they'll review the mode of treatment to determine if it's appropriate. BEWARE OF MANAGED CARE On the other hand, avoid requesting case management if unwarranted. The managed care approach, as applied by some states, has ushered in an era of increased payouts based on a mandatory charge on all ...

... . 9. Medical Payments. Medical bills should be paid within 25 days of receipt to avoid duplicate payments, which often occur when bills enter the second billing cycle. Consistent delays also can jeopardize essential good relationships with medical providers. 10. Medical Management. Employers often can influence the choice of physicians, and thereby obtain better control of medical costs. The auditor should look for programs designed to accomplish this and should evaluate their effectiveness. 11. Denials. Premature denials force the claimant to go to an attorney, so careful investigation is needed to determine whether a claim will be denied or accepted. 12. Litigation. Effective workers' compensation programs aim at reducing and controlling the number of litigated cases. To control litigation costs, cases should not be abandoned to defense counsel. 13. Rehabilitation. Practical rehabilitation plans can reduce ultimate claim costs and return the employee to productive work. A light-work program for employees still under medical restrictions sometimes is an effective way to reduce temporary disability benefits. 14. Subrogation. When claims are caused by negligent third parties, subrogation should be investigated and pursued. Substantial portions of all costs of some claims can be recovered from third parties. 15. Reserves. Case reserves should be posted accurately and reviewed at regular intervals until the claim is closed. An experienced claim examiner should set case reserves based on his/her best estimate of the ultimate probable cost of each case. 16. Return to Work. When the treating or examining physician releases an employee to return to modified work, the employer should be contacted and provided with a description of ...

... accuracy (see applicable state law) . Workers Comp laws in most states provide a statutory penalty of 15% to 25% reduction of attorney's fees for improperly filed petitions. One simple way to reduce claims payouts is to avoid claims that are ineligible for payment. Check each state's Statute of Limitations as applied to: Filing of a claim for benefits. Filing of a Petition. Closure of claims files, on non-litigated claims. You'd be amazed at the number of claims that might be dismissed due to the running of applicable Statutes of Limitations. You'll have bought' another claim if any payments are made to the claimant. REDUCE MEDICAL PAYMENTS Once a claim has been established, payouts might be diminished when the claimant has reached their maximum medical improvement and further treatment would provide no benefit. A rehabilitation nurse or medical management personnel might be of great value. The Workers Comp Board might find, with the submitted evidence, that further treatment is unnecessary. They can use the same meds to determine an agreed on percentage of temporary, permanent, partial, or total disability. Regarding medical bills, most adjusters would, if authorized, have a specialized firm review medical bills and charges. Many managed care firms will do this and determine if charges for treatment are appropriate for the injury. In addition, they'll review the mode of treatment to determine if it's appropriate. BEWARE OF MANAGED CARE On the other hand, avoid requesting case management if unwarranted. The managed care approach, as applied by some states, has ushered in an era of increased payouts based on a mandatory charge on all ...

... . Make sure that claims are reported to carriers according to law. Review the accident reports and witnesses' statements. If the claim is compensable, ask the carrier to make voluntary payments in a timely fashion. If the claim is non-compensable or fraudulent, request that the carrier deny benefits. Once the petition is filed, review it for completeness and accuracy. If the petition is incomplete or inaccurate, state laws provide for a 15% -25% penalty reduction of attorney's fees. Check the state statute of limitations as it applies to: Filing a claim for benefits Filing a petition Closing claims files on non-litigated claims Because any wages or earnings the claimant is receiving will diminish their weekly compensation, review their current work status for concurrent employment. If necessary, request a re-examination by the state Rehabilitation Commission. Check for Second Injury Fund Relief, which is available to claimants classified as permanently disabled due to a permanent injury on a previous job. In these cases, the employer doesn't have to pay for the original injury, thus improving their Comp credit status. Check compensation payments for a death claim. Determine eligible dependents and the compensation rate provided by state law. Payments cease when a child reaches age 18, or age 21-23 if they're full-time students or if the widow remarries. Monitor any subsequent overpayments for over-reserving. Check claim offsets to determine if Social Security or state credits can be applied: Review any offsets to compensation benefits by Federal survivor or disability benefits, black lung benefits, or disability pension benefits. Investigate other disability benefits (state or contractual) . Review the claim ...

... and specific employee needs. The program should help supervisors and managers use the system in a cost-effective manner. After the needs and problems have been identified, the next step is to locate the available counseling, treatment, and other resources. The program must develop mechanisms to provide specific forms of help, such as substance abuse recovery programs. Finally, effective EAPs continuously pursue methods of self-evaluation and improvement. Health Services Hospitals and clinics are competing to provide cost-effective services to employers. You may be able to arrange an economical program that will augment your workplace safety program and provide workers with benefits that reduce your costs and increase worker job satisfaction. Services that many local hospitals and clinics are offering to employers include: Treatment of work-related injuries First aid and CPR training Hearing testing Blood pressure screening Drug screening Rehabilitation Pre-placement screening Injury-prevention programs Case management Wellness program management Stress-reduction programs Physical examinations   Reprinted with permission from Safety Information Currents, Volume IV, Number 2. Login or Register (for FREE) to gain access to thousands of other great articles. Need more reasons to join? Need insurance for you, your business or your family? Get quality appointments - Save yourself a whole lot of time & money when you use our directory of carriers, wholesalers and service providers. Negotiate lucrative contracts with carriers and wholesalers. Net result. More revenue for your agency! Clients & Prospects will research you, your co-workers and your agency here. The most comprehensive online insurance industry reference library for - Personal Lines Professionals Commercial Lines Professionals Life/Health & Benefits Professionals Online newsletters and content that you ...

... had increased. He received an award of $140,000 in compensatory damages and $975,000 in punitive damages. In the St. Mary's Honor Center case, the judge believed that the plaintiff had been discriminated against, but that he had not shown it was because of his race rather than for personal reasons. In Harris v. Hughes Aircraft, on the other hand, the jury decided that the discrimination against the plaintiff was because of his race. The lesson for employers appears to be that reasons given for demoting or firing a minority or other protected employee should be substantial and legitimate, and that great care should be taken not to give an impression of discriminatory motives. Footnotes: 42 U.S.C. 1981 ff. 42 U.S.C. 2000e. 29 U.S.C. 621 ff. Rehabilitation Act of 1973, 29 U.S.C. 701 ff. 42 U.S.C. 12101 ff. Harris v. Forklift Systems, Inc. (1993) U.S., 126 L.Ed.2d 295, 114 S.Ct. 367. Labor Code 1102.1. Holloway v. Arthur Anderson & Co. (9th Cir. 1977) 566 F.2d 659. Title VII, 704(a ), 42 U.S.C. 2000e-3(a ) . For example, the Unruh Civil Rights Act, Calif. Civil Code 51 ff; the Fair Employment and Housing Act, Calif. Govt. Code 12900 ff. 29 U.S.C. 621 ff. Govt. Code 12920. Jennings v. Marralle (1994) 8 Cal.4th 121, 32 Cal.Rptr.2d 275, held that the FEHA applied to age discrimination for employers of five or ...

... Name] reserves the right to demand a drug or alcohol test of any employee based upon reasonable suspicion. Reasonable suspicion includes, but is not limited to, physical evidence of use, involvement in an accident, or a substantial drop off in work performance. Failure to take a requested test may lead to discipline, including possible termination. The company also cautions against use of prescribed or over-the-counter medication which can affect your work place performance. You may be suspended or discharged if the company concludes that you cannot perform your job properly or safely because of using over-the-counter or prescribed medication. Please inform your supervisor prior to working under the influence of a prescribed or over-the-counter medication which may affect your performance. [Company Name] will make every effort to assist its employees who wish to seek treatment or rehabilitation for drug or alcohol dependency. The company will consider continued employment of such an employee as long as the employee adequately addresses continued concerns regarding safety, health, production, communication or other work related matters. You may also be required to agree to random testing and a one-strike' rule. If you have a drug or alcohol problem, please ask for our help! ©1998 Phin Enterprises. Donald A. Phin, Esq., CPCM. No portion of these materials may be reproduced by any means without the express written permission of the author. Login or Register (for FREE) to gain access to thousands of other great articles. Need more reasons to join? Need insurance for you, your business or your family? Get quality appointments - Save yourself a whole ...

... If they aren't willing, will you create an environment in which they'll motivate themselves to do the job? If they aren't willing and able, can or will you terminate them? Why not? &# 160 Is the plan right? Are you on track? If so, can you move faster? If not, what must you do to get back on track? What are your contingency plans? &# 160 Ongoing oversight closes the circle by providing accountability and consequences. Are the system, plan, and processes working? Is the organization performing as promised? What about individual team members? What is the market doing? &# 160 If team members are meeting expectations and honoring agreed commitments, are they being rewarded? If expectations aren't being met, is the team member being rehabilitated — developed, trained, or encouraged — with environmental changes that will improve their motivation? Motivation is internal to each of us; the leader can only manipulate the environment, not change the individual. &# 160 Can management (leadership) be tough, positive and effective? The only answer is "yes." Can management get positive results without this format? Occasionally. Even a blind hog will find an acorn every now and then. Tough, positive management works, but not "because I said so." It works because it provides what people want and need: Structure. &# 160 Michael G. Manes can be reached at Square One Consulting, 625 Weeks Street, New Iberia, LA 70560,  cell 337-577-3885, e-mail [email protected] ...