by Dave Kaplan

We're swamped!  That's not a complaint, but a note about how hard the Association is working on your behalf to keep up on ALL of the issues going on around us.

With the 2008 Legislative Session ending on Thursday, a WSIA Board of Directors meeting on Thursday, and the Spring Conference on Friday, I've got time to give you the quick and dirty run-down on what's happening and what we're tracking.

Supplemental Pension Fund & Other Assessments.  As with the Second Injury Fund, a group of self-insured employers frustrated with the assessment methodology for the Supplemental Pension Fund are evaluating alternatives to the current funding of COLA's on self-insured pensions.  A meeting was held on February 29th to discuss these issues with the Department.  Thus far, no proposals have yet surfaced on a direction to take; however, it is highly likely that there will be some sort of legislative proposals arising from these discussions.  We'll keep you informed all along the way.

DLI Continuing Education Credits & Certification Testing.  On the topic of Continuing Education Credits, WSIA has submitted a number of programs for the Department to review.  We are very frustrated with the lack of credits being awarded by the Department's Curriculum Review Committee for our Region meetings, and even some of our training programs.  President Sherri Phillips, President-Elect Bill Johnson, and myself met with DLI Director Judy Schurke on March 11th to discuss the situation with CEC's, and to offer up some potential solutions and changes.  On the topic of Certification Testing, IIU Board of Regents Chair Lisa Vivian and WSIA Training Coordinator Bonnie Ingersoll have met a few times with the Department to get them to make some adjustments that would be fair to those applying and taking the Certification Test.  Progress has been slow so far/  More information will be forthcoming in the next few months, so stay tuned.

SIEDRS Project. WSIA has been working with the Department to help identify and encourage self-insured employers and TPA's to begin the process of submitting their claims electronically.  Legally, self-insured employers are required to begin submitting claims information beginning July 1, 2008.  I've personally been making calls to a number of employers and TPA's to talk to them about this issue, and will be making more.  PLEASE DON'T WAIT!  PLEASE DON'T BE FINED NEEDLESSLY.  GET THE INFORMATION, GET TESTED, AND GET IT DONE ASAP!

Alternative Surety.   The Association was approached a number of years ago by Marsh McLennan about their alternative surety and insolvency structure in California.  After an update at the September 2007 Board of Directors meeting, the Association has been working with Marsh to see if we can obtain the financial information necessary to make an informed decision about whether to pursue alternative risk financing or not.  Thus far, the Department will not release the data, correctly citing the statutes prohibiting the sharing of the information.  Unfortunately, that also includes that information being provided to us in a "blind" fashion -- where we don't know who's data it is.  We are strategizing methods to help get the information we need for the Board to make an informed decision on what could be a substantial cost savings alternative to current surety requirements.

Vocational Rehabilitation Rules.  We submitted our comments to the Department, and, on first blush, it appears they DID take into consideration our thoughts in adopting the final rules concerning the Vocational Rehabilitation Pilot Project.  You can find the final voc rehab rules HERE. To see WSIA's formal comments on Vocational Rehabilitation, go HERE.  THANK YOU to everyone who shared their thoughts on the rules, both last fall and this winter.  Without your input changes would not have occurred!

Claims Suppression Rules.  As with the voc rehab rules, we submitted our comments on the draft rules in January 2008.  The Department has been considering our comments and those of other stakeholders, and should be coming out with a final proposed rule within the next month or so.  A public hearing will be scheduled some time shortly after that.

WSIA Amici Briefs.   WSIA filed an amicus brief in the case of Harry v. Buse Timber.other amicus we filed was in the case of Harry v. Buse Timber.  The Court of Appeals had ruled that hearing loss was a special case where a series of benefit schedules should be used to determine the appropriate compensation.  WSIA filed an amicus brief saying that there is no third type of claim under the law: either it's an injury or an occupational disease.  There is no "hybrid."  Oral arguments were held in the Washington Supreme Court on January 22, 2008.  A ruling on this case could occur sometime between this fall and the end of 2009.

WSIA's 37th Annual Conference.   In case you didn't get the postcard or emails, we've posted the information regarding our 37th Annual Conference here at the website.  The global topic for this year's conference is "How to Identify, Manage, and Mitigate Costs from Non-Industrial Diseases and Risk Factors."  You can find the agenda, general information, exhibitor information, sponsor information, and everything else you want to know about the conference HERE at the website.

As always, there are MANY 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 monthly for your latest installment of ... HOW THE WORKERS' COMPENSATION WORLD TURNS!

Posted 11 March 2008

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