Then you are at a high risk for being non-compliant with OSHA rules!

According to OSHA:

Almost every business is required to have an emergency action plan (EAP).
If fire extinguishers are required or provided in your workplace, and if anyone will be evacuating during a fire or other emergency, then OSHA’s 29 CFR 1910.157 requires you to have an EAP.

There are some exceptions to this, but determining exactly when an EAP is required is complex and daunting to most employers. Even companies with EAPs in place may not have plans that meet OSHA’s ever-increasing requirements.

This is where we can help. We provide detailed assistance with preparation of the EAP, as well as implementation and training.

If you don’t have an EAP, or if you have not had your plan reviewed by someone fully experienced with OSHA requirements, contact us. We can help.

The seminar will be held from 1 pm – 4 pm at the Hyatt Summerfield Suites, located at 5710 Blue Lagoon Drive, Miami, FL  33126.

Please contact us for more information.

amends the definition of “principal” so that it only applies to individuals acting for himself or herself, and not as a fiduciary or as an official of any legal, governmental or commercial entity, who executes a power of attorney;

eliminates the provision that created a presumption that the execution of a power of attorney revokes any prior powers of attorney executed by the principal;

provides that the execution of a power of attorney does not revoke any power of attorney previously executed by the principal;

adds a provision that a power of attorney that complies with NY-GOL 5-1501 and is executed in another state or jurisdiction by a domiciliary of the State of New York is valid in the State of New York, and a power of attorney executed in the State of New York by a domiciliary of another state or jurisdiction in compliance with the law of that state or jurisdiction or the laws of the State of New York is valid in the State of New York.

Click here to see the complete text of the New Statutory Power of Attorney.

1. Adjusters at Mediations

The primary rule change that will impact adjusters handling claims is Rule 6.110(5)(a), which allows a party to appear at the mediation via telephone. The rule currently allows a telephone appearance if approved in advance by the mediator. The proposed change will still require pre-approval by the mediator, but the party will have to stipulate in advance, in writing, to be bound by his attorney’s signature on the mediation report.

The claimants’ bar does not object to this proposed change. However, the change does present an additional administrative hurdle for employers/carriers in following the custom of allowing the adjuster to appear at mediation via the telephone. In these economic times, and considering how many files adjusters have to handle, why an adjuster would be forced to travel is suspect.

2. Disallowing Discovery Within 15 Days of Final Hearing

Another proposed rule that affects the claims handling process is the addition of Rule 6.113(7), disallowing any discovery within 15 days of the final hearing absent prior approval of the judge or by agreement of the parties. This may require doctor depositions to be scheduled earlier in the process of defending a claim than is done currently so as to avoid the necessity of obtaining the judge’s approval, especially if the claimant’s lawyer objects and will not cooperate in the scheduling of the discovery.

3. Requiring Impeachment and Rebuttal Witness on Pretrial Stipulation

A topic of considerable discussion concerns the proposed change to Rule 6.113, Pretrial Procedure, to require the identification of all witnesses and exhibits, to include impeachment and rebuttal evidence. The current rules explicitly exempt impeachment and rebuttal evidence from having to be disclosed. The claimants’ lawyers, including Florida Workers’ Advocates, strongly favor this change. According to Deputy Chief Judge Langham, so too does the Florida Bar’s Workers’Compensation Rules Advisory Committee.

4. Any Claim or Defense Not Listed on Pretrial Stipulation May be Waived

The final area of significant concern for employers/carriers is Rule 6.113 (2)(a), which proposes that any claim or defense not listed on the pretrial stipulation is waived unless thereafter amended by the judge for good cause shown. This provision appears to conflict with Rule 6.113(5) (formerly 4), which allows witness lists, exhibit lists, supplements, and amendments to the pretrial stipulation to be served greater than 30 days before the final hearing without requiring judicial approval or stipulation of the parties.

5. Written Responses to All Motions May be Required

Also under discussion are proposed changes to Rule 6.115 on motion practice, which if adopted will require a written response to a motion to be served within 15 days. The current rule allows, but does not require, a written response within 10 days of service of the motion. The proposed change would also state that the failure to file a written response shall be construed as a waiver of any objections to the motion. Those objecting to the rule change do not like mandating a written response, and strongly object to having the failure to file a written response considered a waiver of objections without, presumably, the ability to be heard at a live motion hearing.

One of the ways to ensure that your company remains completely current with all regulations, including those discussed here, is to consider utilizing back-office outsourcing services. Our sister firm, Tri-Ority^SM, offers a full array of back-office outsourcing solutions for law firms, medical practices, and for the the administrative offices of virtually any industry. Both LSG and Tri-ority^SM are fully current with all local, state, and federal regulations that affect our clients. For more information on this service, please contact the Tri-Ority^SM team.

We welcome any thoughts, comments, or questions about these issues and the changes that, regardless of degree, will most certainly have an impact on most of those in the industry.

Please see www.doah.state.fl.us or www.jcc.state.fl.us for a copy of the final proposed rules.

In a recent article, Margaret discusses the elements that are vital for a company’s return-to-work program to have the best chance at success over the long run. One of the most common errors, according to the article, is that employers often do not lay the necessary groundwork before any injury occurs. She formulated this checklist:

Create a written return-to-work policy.

Review the policy with new employees during their new-hire orientation or with existing employees during their annual review.

Write a detailed job demand evaluation that identifies the specific tasks and physical demands associated with each job within the company.

Create a detailed job description for every position.

Establish a working relationship with a walk-in clinic or occupational medical center.

Assign a specific person in the organization that will be responsible for administering the return-to-work program. This person should have a thorough knowledge of the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA) and the Workers’ Compensation Statutes.

These steps provide a solid foundation to any return-to-work program. Programs that are hastily put together after the injury are similar to a house made of sand.

We are really proud to have worked with Margaret and Douglas Claims & Risk Consultants for several years.  Marty Davis, CEO of Legal Solutions Group, will be a member of a panel that Margaret is moderating at an upcoming seminar. Held on October 8, 2010, from 1-4 pm at the Hyatt Summerfield Suites in Miami, the panel will discuss “hot topics” for South Florida area employers. Marty will be discussing issues relating to workers compensation and labor relations issues. Please contact us for more information.

Legal Solutions Group is also the General Counsel for the Florida Stay at Work Consortium, an organization that promotes the use of Stay at Work (SAW) and Return-to-Work (RTW) strategies and efforts as part of its overall approach to producing optimal health, social, and economic outcomes.

What sets them apart?

Is it luck? Absolutely not – in fact, those that are holding their own have one main accomplishment in common: They know how to cut expenses.

And the good news – it’s easier than you think! We’ve got some great tips for you on how you can do just that. Keep reading…

According to The Survey of Law Firm Economics, a joint project of ALM Legal Intelligence and The National Law Journal, small and midsized law firms were battered in the economy, as were many small and midsized firms in other industries. The most common ways these firms fought back was by cutting expenses:

…law firms countered last year’s sluggish revenues with a far more aggressive cost-cutting campaign. Expense per lawyer declined by 5 percent in 2009 after dropping 2 percent in 2008. A 5 percent cut may not sound like much, but it’s the largest-ever in the expense-per-lawyer figure and the first time that expenses have fallen two years in a row. More often, a decrease in expenses one year has been followed by an even larger increase in expenses the next.

Cost-cutting helped profits rise. Net income was up 2.7 percent.

Florida was included in the South Atlantic states in the study’s regional analysis, with the following findings:

REGIONAL RESULTS

SOUTH ATLANTIC
• Average gross receipts per equity partner: $982,000
• Average total expense per equity partner: $590,000
• Average firm income per equity partner: $392,000
• Median hourly billing rate, equity partners: $350
• Average total compensation, equity partners: $367,000
• Average total compensation, nonequity partners: $211,000
• Average total compensation, associates: $139,000

One of the most important – and often overlooked – ways of cutting costs is to utilize virtual support services for administrative (or other) staff. When you go this route, you can literally eliminate office space – and decrease your rent – when your assistants are “virtual.” You can also eliminate your payroll expenses, insurance and other benefits – and even what you would normally spend on office equipment for these staff members. Our sister firm, Tri-Ority^SM, offers a full array of back-office outsourcing solutions for law firms, medical practices, and for the the administrative offices of virtually any industry. For more information on this service, please contact the Tri-Ority^SM team.

If you want to work with in-office staff, consider temp-to-perm solutions, or interns. A reminder – don’t discard the value of an older intern. Many people who were laid off in the economy have chosen not to wallow in self-pity (and unemployment benefits), but have chosen to take on a new career, learning it by going back to school, and taking unpaid or low-paying internships to get in the door. They should be praised, not scoffed at, for their efforts.

Other ways to keep costs down include:

Get a cheap (but not cheap-looking) website with WordPress. With this incredible platform, you can update the content of your website yourself. Also, don’t forget to utilize the power of social media to promote your products and services. The Internet allows business of all sizes a more equal playing field in terms of generating “buzz” for the business.

Currently, approximately 2,000 doctors are using the free services, called CarePrescribe, across Florida and Texas.The service allows them to access the network pharmacies of their patients, and quickly transmit any needed prescriptions right to the pharmacy. Patients can opt to use a mail-order pharmacy with the services as well.

Other than the obvious convenience benefits, physicians and patients enjoy others as well:

It allows doctors to access a patient’s network pharmacy list and transmit prescriptions electronically to the patient’s retail or mail-order pharmacies of choice. It also offers physicians real-time access to patients’ medication history; drug and allergy interaction checks; and benefit eligibility, formulary and copayment information.

We tend to agree with the following statement from William Fleming, VP of Humana Pharmacy Solutions:

“We’re going to continue driving the adoption of e-prescribing technology because there is a tremendous opportunity to reduce medication errors, improve medication adherence, and impact overall costs.”

CarePrescribe was created by a company called Availity, which was co-founded by Humana and Blue Cross Blue Shield of Florida in 2001.

We are curious to know if any of you have been utilizing e-prescription services, or have implemented other cost-saving plans to help with the ever-rising cost of providing health insurance benefits for your business…or if you are an employee utilizing such services, we’d like to hear from you too! Please let us know.