Tennessee legislators are currently considering SB721, a bill that would allow employers to “opt out” of the traditional workers' compensation system in that state. The ramifications of this bill, however, go far beyond simply opting out for an alternative “better” plan. Instead what these lawmakers are actually considering is the creation of tiered protection plans…
No SAIF Employees Were Harmed During the Making of This Video
I am walking a very thin line here. I have been very hard this past year on Oregon Insurer SAIF Corporation over the termination of CEO John Plotkin and the resulting aftermath. So, when someone sends me a link to a video that could allow for some potentially humorous commentary, and that video happens to…
IAIABC Publishes Spring Journal Featuring Burton/Wilson Point-Counterpoint Debate on Future of Workers' Comp
Last Thursday the International Association of Industrial Accident Boards and Commissions (IAIABC) released the IAIABC Spring Journal. It is a peer review publication featuring 185 pages of analysis, opinion and review for the workers’ compensation industry. I have a personal connection to this particular issue, as it contains two articles I authored as part of…
At College of Workers' Compensation Lawyers, Exclusive Remedy is No Laughing Matter
I spent Saturday evening in Naples, Florida, attending a black tie affair with several hundred people, virtually all of them lawyers and their spouses. It was the Ninth Annual Induction Dinner of the College of Workers’ Compensation Lawyers. The CWCL, established to “honor those attorneys who have distinguished themselves in their practice in the field…
Video – Seriously, How Bad Is Your Injury, Really?
Just a very quick post today to share a highly inspirational story. Corporal Kyle Carpenter was 19 when he was severely injured serving the Marines in Afghanistan in 2010. An enemy grenade attack required nearly 40 surgeries to repair what could be repaired. This Medal of Honor recipient went on to complete the Marine Corps Marathon…
SAIF CEO Selection: New Day or New Dud? Will It Just Be More of the Same?
The more things change, the more they stay the same. After all the trouble, turmoil and tumult at SAIF in the wake of John Plotkin's termination, could that possibly be true once again? The agenda for the March 18, 2015 SAIF Board of Directors meeting shows that the Board, in a closed Executive Session scheduled…
The Blurring of Opinion and News is a Problem for Workers' Comp
Outside our industry, workers’ compensation is something that historically no one liked to write about. Its technical and legislatively controlled nature, in addition to jurisdictional variations, make it difficult to comprehend “at a glance” for many. I’ve often said that people outside our industry do not understand our system or our processes, and that hurts…
Right Wing Radicals and Leftist Weenies: The Politics of Misdeeds, Abuse and Deceit in Workers' Compensation
Last week the workers' compensation industry was rocked by a double blast of bad news, one in the form of an OSHA report on the failings of our industry, and the other from a combined effort of NPR and Investigative Journalism site ProPublica. The ProPublica article, which took a very dim view of the industry,…
With Physician Dispensing, Less is Now Much Much More
A session on physician dispensing at last week's WCRI Annual Conference shows that, despite legislative gains in the fight against this practice, we still have a long way to go.Research indicates that doctors who are more concerned with their investment portfolio than their patients well being will get very creative in order to keep the…
For Cars, Clocks and Comp, Sometimes Simpler Is More Effective
I was only home from WCRI’s annual conference a little more than a day when I saw a reminder that “simpler” systems often offer more effective solutions than more complex ones that are supposed to make our lives better. It was a lesson that overlays easily on the world of workers’ compensation with it’s all…