Governor Names Larry Dittman as Employer Representative

to the Board of Industrial Insurance Appeals  (updated 3/30/2009)

After months of wrangling on making an appointment, the Governor’s office has named Larry Dittman as the employer representative on the Board of Industrial Insurance Appeals.  This announcement comes nearly six months after the passing of Cal Dickinson, on October 3, 2008.

A Long-time member of the workers’ compensation and risk management sectors, Larry Dittman has been affiliated with the self-insurance community for a number of years, having been responsible for the workers’ compensation program at Swedish Health Services for approximately twenty years.  He served in a variety of capacities with the Washington Self-Insurers Association, eventually serving as President in 1987-88.

Larry Dittman was the second recipient of WSIA’s President’s Evergreen Award in 1995, given out to a person or organization that has demonstrated a sustained professional contribution on behalf of self-insurers and the workers’ compensation community.  Larry also served as the Self-Insured Representative on the Workers’ Compensation Advisory Committee.

Over the past several years Larry has been applying his expertise with Integrated Claims Management, Inc., a Third Party Administrator and consultant for State Fund Retrospective rating groups.

Larry Dittman will be a fine addition to the Board of Industrial Insurance Appeals, and hopefully a strong advocate for the employer community.

Department Needs Input on Policies Concerning

Job Modifications, Pre-Job Accommodations

The Department is proposing changes to two significant policies concerning modifications and accommodations.  Proposed Policy 6.70 - Authorizing Job Modifications would replace the same policy that was adopted January 2000.  Proposed Policy 6.71 - Authorizing Pre-Job Accommodations would replace the same policy adopted January 2000. [Click on the links to read each policy]  Feedback must be submitted to the Department no later than Thursday, April 9, 2009.  If you have comments to submit on the policies, you can send them to the attention of Mary Burbage, Department of Labor & Industries, P.O. Box 4323, Olympia, WA  98504-4323, or Fax them to her attention at 360.902.4567, or email them to thur235@lni.wa.gov.  Be certain to note which policy you are commenting on, and kindly copy WSIA on any thoughts you submit.

Can Your Employer Get Money Back?

OxyContin Third Party Payor Settlement

In 2007 Purdue Pharma pled guilty to criminal charges on misleading physicians about the risks of addiction to OxyContin.  A federal court is in the process of implementing a class action settlement, which enables any party (including workers' compensation) that paid for OxyContin between 1995 and 2008 to recover some of its payments. The deadline to submit a claim is May 18, 2009.  You may access the following website for more information:  www.oxycontintppsettlement.com.

Smith, Haugen Reappointed to

Self-Insured Insolvency Trust Board

On March 27, 2009 DLI Director Judy Schurke reappointed Harry Smith of United Parcel Service, and Robert Haugen of Nordstom, Inc. to the positions on the Insolvency Trust Fund Board of Trustees.  The appointments are through March 31, 2011.  Katrina Zitnik of Costco Wholesale is the third self-insured representative on the Board of Trustees.  The labor representative is Frank Prochaska of the NW Pulp and Paper Workers.  The ITF Board usually meets once a year, in early December, to review the status of insolvent insurers, remaining surety, associated claims costs, and estimated amount of assessment necessary for the following year.

Medicare Reporting Updates

to be Added to WSIA Website

WSIA has been working to keep our members in the loop on all of the requirements regarding Medicare reporting.  A new page on the WSIA website is up and running soon, with as much information as we can possibly provide.  In addition, we already have a well-versed attorney speaking at the WSIA Annual Conference -- so you're not going to want to miss out on this very important topic.  Also, we are contemplating doing a webinar on this topic.  Watch the website and your emails for notices and further information.  Go to the MEDICARE REPORTING INFORMATION page at our website.

Washington State Supreme Court

Changes Schedule of Benefits on Hearing Loss Claims

On February 26, 2009 the Washington Supreme Court finally issued its opinion in the case of Harry v. Buse Timber & Sales, Co.  The net effect of the decision is that the schedule of benefits to be used in the awarding of hearing loss are to be based on the schedule of benefits in effect at the time of last injurious exposure, NOT at the time the loss first manifested itself.  This is a horrible decision, the effects of which will be felt in short order.  For a good write-up of the case by Amicus Subcommittee Chair John Klor of Wallace, Klor & Mann, go to the Amicus & Legal Issues Update page HERE.  To read the Court Decisions themselves, here is the link to the MAJORITY opinion, and here is the link to the DISSENT.  Justice Mary Fairhurst, not known as an employer-friendly justice, wrote an excellent dissent, noting that the law is clear and that the Court had no business changing the law.

Federal Government Extends Data Deadline,

Releases ICD-10 Coding Rules

As if the Medicare Reporting issue wasn't enough federal mischief, we have been tracking the issue of changing the injury coding from ICD-9 to ICD-10.  Thankfully, the new rules have been released.  The Version 5010 compliance date has now been established as January 2012, to afford the industry an additional year, for a total of 3 years to achieve compliance with Version 5010.  NCPDP Telecommunications Standard D.0, and NCPDP Medicaid Subrogation Standard 3.0, both of which are now projected for January 2012 (the Medicaid Subrogation Standard for small health plans only is projected for January 2013).  CMS believes that an October 1, 2013 ICD-10 compliance date achieves that balance, being 2 years later than our proposed October 2011 ICD-10 compliance date and providing a total of nearly 5 years from the publication of the Version 5010 final rule through final compliance with ICD-10.  CMS has stated publicly, and reiterates once again, that they will not consider implementing a new HIPAA standard for claims attachment transactions, until after the compliance date for ICD-10.  You can find the federal rule, and other pertinent information, HERE at the bottom of the page.

Safety Issue: Don't Heat Food,

Freeze Water in Plastic Containers!

In a cancer update from John Hopkins Medical Center, do not heat food items in plastic containers in the microwave.  Similarly, do not freeze water in plastic bottles.  The dioxins released by the heating and freeze can leach into the food or water.  Recently, Edward Fujimoto, Wellness Program Manager at Castle Hospital , was on a TV program to explain this health hazard. He talked about dioxins and how bad they are for us.  He said that we should not be heating our food in the microwave using plastic containers.  This especially applies to foods that contain fat.  He said that the combination of fat, high heat, and plastics releases dioxin into the food and ultimately into the cells of the body.  Instead, he recommends using glass, such as Corning Ware, Pyrex or ceramic containers for heating food... You get the same results, only without the dioxin So such things as TV dinners, instant ramen and soups, etc., should be removed from the container and heated in something else.  Paper isn't bad but you don't know what is in the paper. It's just safer to use tempered glass, Corning Ware, etc.  He reminded us that a while ago some of the fast food restaurants moved away from the foam containers to paper. The dioxin problem is one of the reasons.  Also, he pointed out that plastic wrap, such as Saran, is just as dangerous when placed over foods to be cooked in the microwave. As the food is nuked, the high heat causes poisonous toxins to actually melt out of the plastic wrap and drip into the food. Cover food with a paper towel instead.

Department Publishes Semi-Annual

Rules Development Agenda for First Half of 2009

As required under the state's Administrative Procedures Act, the Department of Labor & Industries has published its chart of proposed rule-making for the first half of 2009.  On the list includes rule changes governing IME's, vocational rehabiltiation, claims suppression, Second Injury Fund assessments, and a whole host of others.  You can find the Department's chart HERE.  As always, you can count on WSIA to keep track of the most significant of the rules, and to keep you informed as to our concerns and the draft rules as they progress through the process.

Department Releases Updated

Third Party Contact Phone List

At the request of self-insured employers, the Department has provided an updated list of contacts within the Third Party Recovery Unit.  Click HERE to see the updated Phone List for the Third Party Claims Unit.

Requesting Self-Insured and

Requesting State Fund Claims Files

In response to changes in public disclosure law, the Department of Labor & Industries has changed the way they process and respond to requests for prior industrial insurance claims files.  You will need to submit TWO requests: one to Norm Voiles for information on self insured claims (faxed to 360-902-6900), and then requests for State Fund claims histories to Paula Clayton (faxed to 360-902-6970.)  If you have questions on the status of State Fund claims information requests, you can call 360-902-5656.  Most State Fund requests will be handled within 10 business days.

Department Publishes

Helpful Leave Guide

With the adoption of yet more leave laws by the Legislature, the Department of Labor & Industries has developed a table listing all of the leave laws, and what the requirements are.  You can find the leave listing table at http://www.lni.wa.gov/WorkplaceRights/files/FamilyLeaveLawsTable.pdf.  For more detailed information on each type of leave, go HERE.  Coordination of leave benefits with workers' compensation benefits will become an even bigger issue in the future, so watch the WSIA website for more information.

Updated Self-Insurance

Phone Contact Listing

Need an updated list of Self-Insurance section phone numbers?  Periodically they up the list, and here it is!  http://www.lni.wa.gov/ClaimsIns/Files/SelfIns/SelfInsPhoneList.pdf, updated February 2, 2009.  Note that the list still includes which adjudicator and which consultant work on which claims Team.  Check back at this link periodically for updated information.  Just in case the link isn't updated at the Department's website, you can access the same document HERE.

as of 3/27/2009

UPDATED 3/30/2009