by Dave Kaplan

As usual, the Association is swamped with activities.  Between the Legislative Session, our educational programs, and the Annual Conference we most definitely have our hands full.

Here's a bit of a rundown on what's happening in each of those areas.

The LEGISLATIVE SESSION won't be over soon enough (April 22nd.)  We have been INCREDIBLY busy fighting off bad legislation, and attempting to get attention for those issues we care most about.

While WSIA and the Employer Coalition put forward our proposals on Wage Simplification, Final Settlement Agreements, and a study of the increase in the number and total cost of pensions, only a few of our bills even got hearings and NONE are going to pass this session.  Even the pension study bill, the language of which was taken directly from the Department, won't pass -- though a budget proviso will be added to conduct the study.

Of all the bad bills we've faced this session, many are still alive and will likely become law, including: restrictions on IME's and prohibiting ex parte contact in the management of a claim; requiring employers to continue to pay benefits or include the value of the benefits in the definition of "wages" for the purposes of computing time loss (this is the so-called "banked-hours" issue); redefining "disability" because the trial attorneys didn't like a recent Washington Supreme Court decision; allowing Physician Assistants to sign off on claims involving time loss; providing the $150,000 additional death benefit for the beneficiaries of state employees who die from occupational diseases (now it's just injuries); changing the burden of proof on the rebuttable presumption regarding firefighter work exposures, and adding to the laundry list of cancers and conditions presumed to be caused by work related exposures/incidents; allowing the attorneys to get involved in claims earlier by obtaining all communications on a claim prior to a final order being issued, instead of just the claim file; requiring the use of the wage at the time of injury for FUTURE payment of LEP benefits on a reopened claim, and prohibit the use of paid vacation, sick leave, etc. as part of consideration of being Kept on Salary; setting up an ombudsprogram for self-insured employers, despite not getting the expanded claims authority; defining and penalizing "claim suppression" by employers (a Department request bill); and the tripling of vocational benefits to $12,000 and expanding it to two years, with an option for injured workers to "opt-out" of receiving those benefits (a Governor/Department request bill).  Most of these bills WILL be signed by the Governor and will become law.

Many of these proposals have been watered down to mitiage the impact or to make them "workable," but this has been (by far) the most unfriendly political environment in over a decade.

With the announced retirement of WSIA's Training Cooridnator Herb Sherburne, our focus remains on finding a good replacement to carry on our top-notch EDUCATIONAL PROGRAMS .  A search for Herb's replacement began in early March 2007.  Some 58 applicants applied, and those have been culled down to a dozen.  Phone interviews were conducted with those individuals, and about 5 or 6 will be interviewed the week of April 16th.  Our desire is to have the new Training Coordinator on board by May 1st, so that we might have a few months of overlap between them and Herb ... for both continuity and bringing the person up to speed.

On a personal note ... I just want to say that no one can replace Herb Sherburne.  He has been a valuable and important person to the Association for the past five and a half years, and to me personally.  I value his insight, experience, knowledge, wisdom, and fun-loving sense of humor.  His retirement will be a difficult event to adjust to, and I will miss having him around.

Lastly, I want to strongly encourage you to attend the WSIA 36th ANNUAL CONFERENCE.  This being WSIA's 35th Anniversary, the theme of the conference is "WSIA - 35 Years of Thoughtful Leadership in Washington and Across the Country."  There are a host of great speakers and topics for you to come learn from: the motivational Fish! people; DLI Director Judy Schurke; Steve Condit regarding ethics; how to effectively interview injured workers; differences in rehabilitation services; identifying and maintaining priorities; an update on wage orders; and from hearing and mediation judges at the Board of Industrial Insurance Appeals, "unplugged."  Add in a fun theme of the exhibitors representing each of the 50 states, swing dance lessons, the welcoming reception and WSIA Legislative Fund auction, the golf tournament, and a Grand Prize drawing to Washington, DC and you're sure to have a fun, educational and enjoyable few days in Spokane, Washington.  More information can be found here at the WSIA website, including agenda and registration information, at http://www.wsiassn.org/public/training_programs.html.

There a lots of other things going on, but those listed above are by far the most significant to bring to your attention for now.

Please check back here once a month for updated thoughts and a rundown of what your Association is doing on behalf of your organization!

Posted 13 April 2007

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