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| | John Kallas of SmartComp Speaks At Employers' Fraud Task Force Luncheon On Latest Workers' Comp Cost Drivers
By Lonce LaMon - March 29, 2013
The Employers’ Fraud Task Force met for lunch earlier this week on Tuesday, March 26th at Stevens Steak House in the City of Commerce, California, and featured a presentation by John Kallas, Senior Risk Manager of SmartComp Insurance. John is a consultant who advises employers on managing and controlling their workers’ comp costs. His talk focused on many of the cost drivers which are affecting employers today with their work place injuries.
“This economy has been stagnant, and when the economy’s stagnant Workers’ Comp becomes the new unemployment benefit,” Kallas told the audience with some professionals from self-insured employers, including Michael Kosten, the Vice President of Workers’ Compensation of Fox Entertainment Group in Century City.
Kallas predicts that the economy is going to remain stagnant because of all the new taxes--the higher personal taxes combined with added employer taxes resulting from the Affordable Care Act (Obamacare). Because of the continuing economic pressure on individuals as well as businesses, Kallas said, “The Fraud Task Force has some really strong values moving forward here.”
Copyright © Lonce LaMon, all rights reserved
Kallas encourages employers to get their Finance departments involved in their workers’ compensation programs. He recommends putting together a Medical Provider Network of known and reliable doctors the employer is comfortable with in terms of results. He advises not to ask the good doctors for discounts but just to be happy with their really good results. “Are we going to start losing these doctors?” Kallas asks his audience. “I think they’re (his employer clients) looking at the wrong stuff when they’re trying to reduce these costs.”
Like Laura Clifford, the Founder and Executive Director of the Employers’ Fraud Task Force, John Kallas is strongly in favor of an Explanation of Benefits (EOB) form going to the injured worker. He emphasized the education of and communication to injured workers, along with all employers handing out a pamphlet which explains workers’ compensation benefits from the first day of employment. This communication is required by law.
Laura Clifford, Executive Director of the Employers' Fraud Task Force, addressed her lunch audience at Stevens Steak House in the City of Commerce, California, on Tuesday, March 26th. Copyright © Lonce LaMon, all rights reserved.
Judge David O’Brien attended the luncheon and brought the pamphlet that he wrote. It makes it available for purchase to employers. The O’Brien pamphlet comprehensively explains employees’ rights under workers’ compensation in California, and this effectively covers employers with their legal obligation to their employees with respect to workers' comp.
From the podium, the retired workers’ compensation judge explained employers’ rights and responsibilities plus the statute of limitations for filing workers’ compensation claims. The statute runs one year from the date of injury.
He told a story of a downtown Los Angeles criminal court judge who had had a heart attack while on the job 20 years ago. Ten years later, at his retirement party, this criminal court judge was advised that since he had the attack while working, and his work could have been part of the causation for the attack, he could have filed for workers’ compensation benefits. However, he expressed that he didn’t know. No one had explained his rights to him. He was clueless. Thus, he filed his claim shortly after realizing his right.
Judge David O'Brien explained that for a cumulative trauma case the date of injury is "The day you know or should have known that you have the problem." Copyright © Lonce LaMon, all rights reserved
But one has to file within one year of the date of injury. “So, what was the date of injury?” Judge O’Brien asked the audience. Someone in the audience answered it correctly. O’Brien articulated it clearly for all in the room, “It’s the day you know or should have known that you have the problem.”
So, O’Brien emphasizes how important it is for employers to explain workers’ comp to their employees, otherwise their one year statute of limitations on cumulative work place illnesses (as oppossed to single event injuries) never starts to run. Henceforth, the L.A. criminal court judge’s date of injury became the date he learned of his right to workers’ comp—the day of his retirement party.
Copyright © Lonce LaMon, all rights reserved
Laura Clifford held a raffle and gave away to the lucky winner a copy of David O’Brien’s book: California Unemployment, Disability & Paid Family Leave Insurance Programs, the 11th Edition. She also gave away a free lunch and attendance to an Employers’ Fraud Task Force luncheon at Stevens Steak House! This was the prize this writer wanted to win as the salad, the steak, and the chocolate cake were all delicious. The speeches and presentations were fantastic, but it always helps to have great food!
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