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Author: WorkCompAcademy

WCIRB Releases 2023 Geo Study with Interactive Map

The California workers’ compensation system is established, administered and interpreted on a statewide basis. Nevertheless, there are sharp differences in cost characteristics across regions of the state.

To reflect those differences, the Workers’ Compensation Insurance Rating Bureau of California (WCIRB) released the 2023 WCIRB Geo Study, which underscores regional differences in claim characteristics across California. The web-based interactive map allows you to quickly view key measures across regions.

The study, related exhibits and mapping of nine-digit zip codes to the regions referenced in the study are available in the Research section of the WCIRB website.

The study’s key findings include the following:

– – Even after controlling for regional differences in wages and industry mix, indemnity claim frequency is significantly higher in the Los Angeles (LA) Basin and significantly lower in the San Francisco Bay Area.
– – The share of larger indemnity claims (those with incurred costs greater than $250,000) at fifth report level tends to be higher in regions that have lower indemnity frequency. Northern California regions, including the Bay Area and Peninsula/Silicon Valley, tend to have higher shares of larger indemnity claims.
– – Between Policy Year (PY) 2020 and 2021, the median injured worker’s average weekly wage increased in all regions. The increases were larger in most of the central and southern parts of the state. The median wage in these regions has often been lower than the statewide average.
– – The share of cumulative trauma (CT) claims as a percent of all claims decreased for almost all regions from policy year 2020 to 2021. The largest decrease was in LA/Long Beach, which has a high overall level of CT claims. The decreases were also relatively high in the San Bernardino/West Riverside, Bay Area and Sonoma/Napa regions, which have lower than average shares of CT claims.
– – With the adoption of the new medical-legal fee schedule in April 2021, medical-legal costs increased in nearly all regions from PY 2020 to 2021. They remained significantly higher in the LA Basin, Orange County and Santa Monica/San Fernando Valley regions than in the remainder of the state.

Four new maps, highlighting differences in the prevalence of permanent disability claims, loss ratios and loss development at the seventh report level, as well as litigation rates, are provided in this year’s study.

Bakersfield Attorney Pleads No Contest in Insurance Fraud Scheme

A Bakersfield attorney pleaded no contest Monday and was sentenced to two years in jail for his part in a $12.5 million scheme to overbill insurance companies for urine tests at sober living homes in Orange County.

Between January 2008 and December 2016, defendants Pamela and Philip Ganong owned sober living homes in Orange County, Bakersfield, Los Angeles, and San Diego, through their business William Mae Company, which operated as Compass Rose Recovery. In December 2011, the Ganongs formed a medical testing lab called Ghostline Labs.

Philip William Ganong, 70, accepted a plea agreement approved by Orange County Superior Court Judge Joy Markman. He pleaded no contest to 10 felony counts of fraudulent claims for a health benefit.

Multiple charges were filed in 2017 in connection with the scheme allegedly led by Ganong and his wife and co-defendant Pamela Mae Ganong, 67, who owned sober living homes in Orange County, Bakersfield, Los Angeles and San Diego, according to the Orange County District Attorney’s Office.

Pamela Mae Ganong is awaiting trial, but her case has been assigned to a court that handles defendants who are facing questions about whether they are mentally healthy enough to assist in their defense.

Pamela Ganong’s sister, 70 year old Susan Stinson of Carlsbad, was charged with conspiracy to commit medical insurance fraud. Stinson pleaded guilty to two felony counts of fraudulent claim for a health benefit on Wednesday and sentenced to time served behind bars, which was 34 days, according to court records.

Judge Markman ordered Stinson and Ganong to pay the $12.5 million restitution.

Charges against the Ganongs’ son, William Ganong, were dismissed in 2019 after he died, according to court records. Carlos X. Montano, M.D Newport Beach pleaded guilty in 2018 to insurance fraud and was sentenced to one year in county jail. His California medical license was revoked in June 2021.

  The Ganongs formed a medical testing lab in December 2011, and prosecutors said sober living home residents were recruited to join the scheme to overbill insurance companies for urine tests, which involved listing them as employees and signing them up fraudulently for health insurance.

California State Bar records show that Philip Ganong continues to be licensed as an attorney, but does show a cautionary note that he has been charged with a felony.

New VA Study Shows Paxlovid Not Effective Against Long COVID

Paxlovid is an oral antiviral pill that can be taken at home to help keep high-risk patients from getting so sick that they need to be hospitalized.

Paxlovid, the pill that has become the go-to treatment for COVID-19 treatment, was granted full approval by the Food And Drug Administration (FDA) for the treatment of mild-to-moderate COVID-19 in adults at high risk for severe disease, including hospitalization and death. The drug also remains available to everyone 12 and older (weighing at least 88 pounds) who has mild-to-moderate disease and is at high risk for severe disease under an FDA Emergency Use Authorization.

According to Yale Medicine, the drug, developed by Pfizer, has a lot of positives: It had an 89% reduction in the risk of hospitalization and death in unvaccinated people in the clinical trial that supported the EUA, a number that was high enough to prompt the National Institutes of Health (NIH) to prioritize it over other COVID-19 treatments. Studies outside of the laboratory have since confirmed Paxlovid’s effectiveness among people who have been vaccinated. It’s cheaper than many other COVID-19 drugs (at this time, U.S. residents eligible for Paxlovid will continue to receive the medicine at no charge), and, perhaps most reassuring, it is expected to work against the latest Omicron subvariants.

“It’s really our first efficacious oral antiviral pill for this virus,” says Scott Roberts, MD, a Yale Medicine infectious diseases specialist. “It shows clear benefit, and it really can prevent hospitalization and death in people who are at high risk.”

Unfortunately, a new study in the Annals of Internal Medicine of US veterans prescribed nirmatrelvir-ritonavir (Paxlovid) during COVID-19 infections shows no difference in long-COVID rates among groups who took the antivirals and those who did not.

COVID-19 has been linked to the development of many post-COVID-19 conditions (PCCs) after acute infection. Limited information is available on the effectiveness of oral antivirals used to treat acute COVID-19 in preventing the development of PCCs. SARS-CoV-2 infection is believed to increase risk for several medical conditions long after acute illness.

Such post-COVID-19 conditions involve multiple organ systems and include pulmonary, cardiovascular, cerebrovascular, thromboembolic, neurocognitive, mental health, metabolic, renal, and gastrointestinal disorders. A study from the Centers for Disease Control and Prevention suggested that 1 in 5 COVID-19 survivors aged 18 to 64 years and 1 in 4 survivors aged 65 years or older experienced an incident condition that was potentially attributable to previous COVID-19.

In this new study, researchers used data from the VA’s Corporate Data Warehouse (a database of VA enrollees’ comprehensive EHRs) and the VA COVID-19 Shared Data Resource (CSDR), both of which are supported by the VA Informatics and Computing Infrastructure (VINCI), which integrates multiple data sources to provide patient-level COVID-19–related data. The CSDR includes information on laboratory-confirmed positive SARS-CoV-2 test results (by either nucleic acid amplification or antigen testing) within the VHA as well as SARS-CoV-2 tests performed outside the VHA and documented in VHA clinical records.

The researchers concluded that Paxlovid was not effective at reducing risk for many of the PCCs that were examined, including cardiac, pulmonary, renal, gastrointestinal, neurologic, mental health, musculoskeletal, endocrine, and general conditions and symptoms. And was associated only with a reduced risk for combined thromboembolic events 31 to 180 days after treatment.

The results of this study differed from those of a VA study by Xie and colleagues that reported that treatment with nirmatrelvir-ritonavir was associated with lower risk for 10 out of 13 PCCs.

Cal Supreme Ct. Set to Review Neutral Time-Rounding Rules

Neutral time-rounding is a commonplace and efficient timekeeping method used by countless employers throughout California and across the country. For decades, employers have used rounding to efficiently manage their payroll systems and to ensure that their employees are appropriately compensated for all work performed.

When applied neutrally – i.e., when time is rounded both up and down – time rounding reduces employers’ overhead costs while providing employees with flexibility when clocking in and out. Over the long run, the compensation for each employee will average out, leaving employees with the same total compensation that they would receive under a system that rigidly recorded their time down to the minute or second.

Camp v. Home Depot is a case pending in the California Supreme Court that will decide whether employers in California are permitted to use neutral time-rounding practices to calculate employees’ work time for payroll purposes.

The case began when Delmer Camp and Adriana Correa filed a putative class action lawsuit against Home Depot, alleging that the company’s quarter-hour rounding policy violated California law. Under Home Depot’s policy, employees’ work time was rounded up or down to the nearest quarter-hour, which resulted in some employees being paid for less time than they actually worked.

The trial court granted Home Depot summary judgment, finding that its rounding policy was lawful under California law. However, the California Court of Appeal reversed, holding that the rounding policy violated California law because it resulted in employees being underpaid.

Home Depot appealed the Court of Appeal’s decision to the Supreme Court, which granted a review in February 2023 (Docket Number S277518). The case is expected to be heard in the fall of 2023.

The U.S. Chamber of Commerce coalition just filed an anamicus brief this October, urging the California Supreme Court to hold that employers are permitted to use neutral time-rounding policies to calculate time worked.

The Chamber argues that the practice of neutral time-rounding is expressly authorized by federal law and endorsed by California’s Division of Labor Standards Enforcement (“DLSE”), had been uniformly affirmed by California courts since the seminal decision in See’s Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889.

In See’s Candy, the court recognized that the Labor Code is silent as to the lawfulness of time rounding and thus looked to federal law for guidance, as have courts and administrative agencies in other states when interpreting similar provisions in those states’ labor codes.

Nonetheless the Court of Appeal in the Camp opinion clearly said it’s opinion applies “in the limited circumstance here, where the employer can capture and has captured all the minutes an employee has worked and then applies a quarter-hour rounding policy. In this regard, we also respectfully invite the California Supreme Court to review the issue of neutral time rounding by employers and to provide guidance on the propriety of time rounding by employers, especially in view of the “technological advances” that now exist which “help employers to track time more precisely.”

The case has generated significant interest from the business community, as it could have far-reaching implications for employers across the country. If the Supreme Court holds that employers in California are not permitted to use neutral time-rounding practices, it could lead to similar challenges to time-rounding policies in other states.

After 2 Decades of Study – Medical Errors Continue to Increase

It’s been 24 years since the Institute of Medicine’s 2000 study “To Err is Human” report was published, drawing broad attention to medical mistakes that kill up to 98,000 Americans annually. More people die annually from medication errors than from workplace injuries, motor vehicle accidents, breast cancer, or AIDS.

To Err Is Human broke the silence that has surrounded medical errors and their consequence – but not by pointing fingers at caring health care professionals who make honest mistakes. Instead, its book sets forth a national agenda–with state and local implications–for reducing medical errors and improving patient safety through the design of a safer health system.

16 years later, a 2016 study published in the British Medical Journal found about 250,000 deaths annually are due to medical error, making it the third leading cause of death in the United States, where it’s more problematic than other developed countries.

A great deal of research shows that patients who are told about mistakes are more likely to follow medical advice, and continue with care while being less likely to seek malpractice lawsuits, according to “Patient Safety and Quality: An Evidence-Based Handbook for Nurses.

According to a recent series on What You Need to Know About Surgery – Part 7 – published by the Epoc Times, many states have “apology laws,” which are designed to allow for honest communication between physicians and injured patients.

However, the American Medical Association Journal of Ethics said they don’t go far enough. For instance, few states have laws protecting expressions both of sympathy and of fault from being entered into medical malpractice lawsuit evidence. This puts an unofficial gag on doctors, it said.

As of 2023 only 17 states, including California, require physicians to disclose an error to the patient. Some doctors hide behind the fact that the definition of “medical error” is vague. More than two-thirds of states have adopted laws that preclude some or all information contained in a practitioner’s apology from being used in a malpractice lawsuit.

The California law that requires physicians to disclose medical errors to patients is the Patient’s Right to Know Act of 2018 (Senate Bill (SB) 1448). This law took effect on July 1, 2019, and requires physicians to disclose all harmful medical errors to their patients, regardless of whether the error resulted in serious injury or death.

In 1996, The Joint Commission created a Sentinel Event Policy to help healthcare organizations that experience serious adverse events improve safety. Since that time, The Joint Commission has maintained an associated Sentinel Event Database with de-identified and aggregate data.

The Joint Commission has released its Sentinel Event Data 2022 Annual Review on serious adverse events from Jan. 1 through Dec. 31, 2022. A sentinel event is a patient safety event that results in death, permanent harm or severe temporary harm.

Between January 1 and December 31, 2022, The Joint Commission received 1,441 reports of sentinel events; the majority -90% (1,299) – were voluntarily self-reported to The Joint Commission by an accredited or certified entity. The number of reported sentinel events increased by 19% compared to 2021. The majority of reported sentinel events occurred in the hospital setting (88%). 20% of reported sentinel events were associated with patient death.

Consumer Watchdog Critical of DOI Closed Door Deal with Carriers

The Documents obtained under the Public Records Act and Prop 103 reveal what Consumer Watchdog claims are details of the secret proposal, drafted in private discussions with insurance lobbyists. to bail out the insurance industry that Commissioner Lara and insurers unsuccessfully tried to jam through the Legislature during the final days of session. The language previews the plan that Lara announced a week later, under which he will issue new anti-consumer regulations that track the failed legislative proposal.

The documents reveal what Consumer Watchdog claims are two massive loopholes that make the deal Lara cut to deregulate the price of fire insurance in California, in return for a “commitment” from insurers to expand home insurance coverage in wildfire areas to 85% of their market share outside risky areas, a fraud.

– – Insurers would be allowed to meet their commitment by offering bare bones policies – the type of policy homeowners already have access to under the FAIR Plan.
– – The commissioner could waive the “85% commitment” to sell more home insurance in wildfire areas for any insurer that claims it cannot meet its commitment.

The records obtained are emails and bill language circulated by the commissioner’s chief deputy to the insurance industry’s top lobbyists and legislative staff in late August.

These documents prove Commissioner Lara’s deal with the insurance industry is an outrageous fraud on the public that will make Californians pay vastly more for insurance but not get more people insured. Lara tried to jam the deal through the legislature, and when that failed repackaged it as a regulatory plan. He must explain to the public how he can support an agreement that eviscerates insurance oversight in California without getting a single new homeowner insurance,” said Harvey Rosenfield, author of insurance reform Proposition 103 and founder of Consumer Watchdog.

The documents also confirm that the proposal circulating in Sacramento in late-August and early-September would have forced homeowners and business owners to bail out insurers for billions in FAIR Plan liabilities.

The organization said that the only purported consumer benefit of Lara’s legislative and regulatory plans is a “commitment” by insurers to expand home insurance coverage in wildfire areas to 85% of their market share in the rest of the market. The actual language of the August bill proves that promise is false and will not expand insurance to homeowners struggling to find coverage.

Consumer Watchdog also claims the deal also illegally guts the consumer protections of Prop 103 that have saved Californians hundreds of billions of dollars, including the right of the public to independently scrutinize and challenge rate increases that are unjustified, another target of Lara’s September announcement.

They say the documents also confirmed that the legislation would have bailed out insurers for their FAIR Plan obligations, a proposal that was not part of Commissioner Lara’s September announcement presumably because the change must be done by legislation, not regulation.

A story published by MSN reports that the commissioner’s office in turn accused Consumer Watchdog of seeking to protect a regulatory system its founder crafted from which it has been paid nearly $9 million as an “intervenor” reviewing insurance rates that remain below market and have left many homeowners unable to obtain coverage.

“Consumer Watchdog’s latest cynical claims hide the truth that the group has earned millions of dollars signing off on rate increases – while denying the reality that insurance has become impossible for some Californians to find at any price,” Deputy Insurance Commissioner Michael Soller said in a statement.

NCCI Reports Robust Workers Compensation Economic Outlook

Over the past quarter, the National Council of Compensation Insurance (NCCI) Quarterly Economics Briefing report for the third quarter of 2023 reports that the labor market has continued to evolve in a positive direction for the workers compensation system relative to the tight post-COVID market of a few years ago.

The industry has seen job growth, turnover, and participation moving from the extremes of 2021 to more balanced levels and closer to pre-pandemic (2015-2019) averages. However, the key outstanding question for the industry remains: is the labor market moving softly into balance or are we seeing early signs of deterioration toward recessionary conditions?

Net employment growth over the past three months averaged 266,000, up from 201,000 over the previous three months. The October jobs report showed strong gains for the month of September and included meaningful upward revisions to net employment gains in July and August.

While employment growth has slowed from the heights of the Great Reshuffle, it remains healthy overall and continues to support economic expansion. Overall job growth also continues to support growth in the workers compensation premium base.

Calculated private payroll growth has slowed some in recent months while public (government) job growth has contributed meaningfully to overall employment; however, payroll growth remains elevated relative to pre-pandemic levels due to persistent elevated wage increases.

While wage growth has softened some from the peak, NCCI expects it to remain elevated above the pre-pandemic trend for some time as the economy continues to expand and workers push for higher wage gains to offset their inflation experience from the past few years, even as the labor market broadly comes more into balance.

These trends have two primary implications for workers compensation: higher premium growth (including audit premium), partially offset by higher indemnity severity.

The labor market continues to evolve in a positive direction for workers compensation relative to the post-COVID extremes. Elevated wage growth combined with still-healthy employment growth is leading to continued strong total payroll growth overall. Turnover continues to slow, which reduces low-tenured workers as a percentage of the overall labor force over time.

Current data does not contain warning signs of an imminent recession. Instead, it signifies that relative normalcy is returning as employment growth slows relative to Great Reshuffle levels. The household spending and savings imbalance has been offset by record levels of credit card debt; however, debt service remains quite healthy and no abrupt stop to consumer spending appears to be on the horizon.

With real wage growth once again positive, consumer activity will likely be able to continue to drive economic growth. That means businesses are unlikely to begin broad layoffs that disrupt the labor market and the workers compensation system.

NLRB Publishes New Final Joint Employment Status Rule

The National Labor Relations Board has decided to issue a final rule rescinding and replacing the final rule entitled “Joint Employer Status Under the National Labor Relations Act,” which was published on February 26, 2020, and took effect on April 27, 2020.

The final rule establishes a new standard for determining whether two employers, as defined in the Act, are joint employers of particular employees within the meaning of the Act.

The Board believes that this rule will more explicitly ground the joint-employer standard in established common-law agency principles and provide guidance to parties covered by the Act regarding their rights and responsibilities when more than one statutory employer possesses the authority to control or exercises the power to control particular employees’ essential terms and conditions of employment.

Under the final rule, an entity may be considered a joint employer of another employer’s employees if the two share or codetermine the employees’ essential terms and conditions of employment. Joint employment issues typically arise when using professional employment organizations, in contractor-subcontractor, parent-subsidiary, and franchisor-franchisee situations, and in other arrangements. .

Section 2(2) of the National Labor Relations Act defines an “employer” to include “any person acting as an agent of an employer, directly or indirectly.” In turn, the Act provides that the “term ’employee’ shall include any employee, and shall not be limited to the employees of a particular employer, unless [the Act] explicitly states otherwise . . . .”

The Act does not specifically address situations in which statutory employees are employed jointly by two or more statutory employers ( i.e., it is silent as to the definition of “joint employer”), but the Board, with court approval, has long applied common-law agency principles to determine when one or more entities share or codetermine the essential terms and conditions of employment of a particular group of employees.

Following a change in the Board’s composition under the Trump administration, a divided Board issued a notice of proposed rulemaking with the goal of establishing a joint-employer standard that departed in significant respects from the prior common-law standard. Thereafter, on February 26, 2020, the Board promulgated a final rule that introduced control-based restrictions that narrowed the joint-employer standard.

With the intent of reversing the 2020 standard created during the Trump era law, on September 7, 2022, the Board issued a new joint-employer proposed rule, and now a final rule that takes effect on the end of the year. In reversing course over the Trump era standard, the Board concluded that the actual-exercise requirement reflected in the 2020 rule is contrary to the common-law agency principles that must govern the joint-employer standard under the Act and that the Board has no statutory authority to adopt such a requirement.

The new final rule, like the proposed rule, provides that a common-law employer of particular employees shares or co-determines those matters governing employees’ essential terms and conditions of employment if the employer possesses the authority to control (whether directly, indirectly, or both) or exercises the power to control (whether directly, indirectly, or both) one or more of the employees’ essential terms and conditions of employment, regardless of whether the employer exercises such control or the manner in which such control is exercised.

The Board has however modified the proposed rule (1) to clarify the definition of “essential terms and conditions of employment,” (2) to identify the types of control that are necessary to establish joint-employer status and the types that are irrelevant to the joint-employer inquiry, and (3) to describe the bargaining obligations of joint employers. Further details about the new 2023 standard, please see the NLRB Fact Sheet on the new rule.

The Board received almost 13,000 comments from interested organizations, labor unions, trade associations, business owners, United States Senators and Members of Congress, State Attorneys General, academics, and other individuals. The Board has carefully reviewed and considered these comments, as discussed on its website.

Fresno Based TPA to Transition to Klear.ai SaaS Platform

Orange County California based Klear.ai offers a state-of-the-art SaaS platform equipped with Native AI insurance software solutions, catering to diverse needs like Property & Casualty, Workers’ Compensation Claims Administration, Risk Management, Policy Management, Analytics, and Auditing. It said the platform merges industry expertise with technological innovation, ensuring intelligent, effective and efficient solutions.

Klear.ai just announced a Software as a Service (SaaS) Agreement with the PATH Alliance, based in Fresno, California, a company that addresses the demands of self-insured employers statewide.

This collaboration will involve the deployment of Klear.ai’s comprehensive software solutions including their Policy Underwriting Solution, further enhancing The PATH Alliance’s operational efficiency and capabilities.

Klear.ai provides a seamless secure cloud-based platform solutions that cover Property & Casualty lines of Insurance, including Workers’ Compensation and serve businesses such as TPAs, Insurers, Self-Insureds, Pools, Government/Public

The PATH Alliance reports it is set to elevate its services to new levels by incorporating the Klear.ai solution. With a dedicated focus on administering self-insured groups and developing top-tier workers’ compensation programs, The PATH Alliance said it will benefit from Klear.ai’s advanced and versatile software Solutions.

These span from configurable policy systems, and powerful accounting integrations to detailed payroll audits and reporting. Members can gain clearer insights into their performance, benefit from customized safety and loss control measures, and efficiently manage data with seamless conversion and upload functionalities.

The PATH Alliance was officially formed in 2016, but its true beginning dates back to 2008 with the formation of a company called Occlink. PATH provides consulting, oversight, and program and group administration services to its clients. The company has become an expert in helping California employers transition their workers’ compensation programs to self-insurance.

Jerry Laval, President of PATH Alliance, stated, “It’s always an honor to work with forward-thinking organizations. With Klear.ai, we see a partnership that will drive mutual growth, innovation, and success.”

Pete Govek, CRO of Klear.ai, added: “This agreement signifies a step forward in our commitment to providing state-of-the-art solutions to our partners. Collaborating with an esteemed organization like The PATH Alliance solidifies our position in the market. We’re eager to see the transformative impact our software will have.”

October 23, 2023 – News Podcast


Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: Arbitration Award Vacated for “Impression of Possible Bias”. Silicon Valley Man to Serve 8 Years for $77M Medical Fraud. Temecula Man Sentenced For Health Care Kickback Conspiracy. Fresno Distributor Arrested for Selling Non FDA Approved Test Kits. Hyatt Regency to Pay $4.7M for Right to Recall Law Violation. WCIRB Publishes 2024 Experience Modification Data. Teamsters Condemn Gov. Gavin Newsom’s “Veto Spree”. Restaurant Self-Insured Group Recovers From $80M Deficit. CVS, Walgreens and Rite Aid Are Closing Thousands of Stores. New Law Signed Friday Increases Healthcare Minimum Wage.