Exposure Control Plan: Coronavirus (COVID-19)

As the threat of the Coronavirus continues to expand globally, it is important that employers develop an exposure control and response plan as well as provide training to impacted employees. To help, ESM has developed training tools for employers to use as a framework from which to mitigate the exposure. Click for more information.

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Why allocation is important to large deductible and self-insured employers

Recently, ESM was successful in assisting an excess carrier reached an amicable agreement with an employer in resolving a pending allocation on multiple claims for an injured employee that was first reported to the excess carrier over a decade ago. Click below to find out why allocation is important to large deductible and self-insured employers.

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Penalties, Safety and the Reptile Brain

Being proactive with safety is part of our human makeup. Millions of years of evolution has expanded our neocortex all the while storing logic that defines safe and unsafe behaviors. This part of our brain known as the Reptile Brain, understands three behaviors: fight, freeze or flight. Find out about Cal-OSHA serious penalties, hazard assessment and how we can learn from our reptile brain.

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Three Steps to Avoiding LC 132(a) and S&W Penalties

When it comes to the California Workers’ Compensation system, it is much easier to avoid penalizing situations than it is to fight them.  So, how do we avoid getting slapped with costly penalties?  There are three steps:  Understand the Labor Codes driving your exposure, come up with a plan of action to avoid the exposure and implement it. Click to read more.

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Employers beware of increased employee taxes and Workers’ Comp premiums!

The Governor’s proposed 20-21 Budget includes “$17.5 million and 103.5 positions in 2020-21 to 2022-23, funded by various special funds, to implement Chapter 296, Statutes of 2019 (AB 5) and to address increased investigations of worker status, wage claim filings, and workplace health and safety inspections.” Click to read more.

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It's all about the shoes!

Cal-OSHA found Home Depot’s safety policies and prohibition on open-toed or open-heeled shoes did not adequately protect employees. Result was a $11,250 citation, not including the cost of the injury and indirect costs of updating their safety program, appeal, legal fees, investigation time, etc. Click here to find out how to establish a shoe policy

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Subrogation in Workers’ Compensation

An important concept in the world of insurance is subrogation. The idea of subrogation is often confusing for even seasoned insurance professionals. It is important to understand the basics so that companies and their agents can spot the potential for subrogation, since it may mitigate the exposure of a claim, and a corresponding hike in Workers’ Compensation premiums.

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Legal “Double Dipping” Costs Employers

Lately, we have seen an uptick with a Compromise & Release (C&R) Workers’ Compensation Claims. With a C&R the injured employee receives a lump sum amount that includes a buyout of all future medical care. The carrier is “released” of all future exposure.  However, if the employee is still employed, they can file another subsequent claim with the same employer. Even if it is to the same body part, medical care cannot be apportioned. There can only be apportionment to the Permanent Disability portion of the Award.

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Preventing Violence in Our Workplaces

Recently, there seems to be an almost palpable and growing concern of violence occurring in our communities, schools and workplaces. At the same time there is a confusing dynamic. The issue of workplace violence seems to dominate our news feeds (and interest) in a very predictable manner; for a few days, or weeks after a high-profile incident occurs, then the energy fades.

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Defining First Aid Claims in Workers’ Compensation

First aid is one of the most frequent topics of conversation I have with my clients.  The confusion typically arises from two main issues:

  1. The WCIRB (Workers’ Compensation Insurance Rating Bureau in California) rule changes, starting in 2019, which deducts $250 from ALL claims in the X-Mod calculation (more on this later).

  2. The differences between a First Aid designation for Workers’ Compensation insurance purposes, and a first aid incident under the OSHA definitions (listed below).

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Abe Jabhan, JDComment