7-27-2020; Shawn Biery's New and Updated IL WC Rate Chart Available on Request; John Campbell Provides Thoughts and Guidance on the New Paperless IL WC Settlement Process and more

Synopsis: AS WE HEAD INTO AUGUST 2020 UNDER THE PANDEMIC IN IL—WC BENEFIT RATES RISE WITH THE HUMIDITY??—SHAWN BIERY’S UPDATED IL WC RATE SHEETS AVAILABLE SOON FOR ILLINOIS WC RATE INCREASE!!! 

Editor’s comment: Illinois WC Rates Have Updated Again So Please Be Aware Of The New Rates or Your Claims Handling Will Suffer and Penalties May Ensue. Please also note that the IL State Min Wage is now $10 per hour and with the already mandated increases over the next few years wages are sure to go up to $15/hr in 2025, we will see the IL WC rates increase for sure.

Email Marissa at mpatel@keefe-law.com to Get a Free and Complimentary Email or Hard Copy of Shawn R. Biery’s Updated IL WC Rate-Sheet! You can also send any questions to Shawn at sbiery@keefe-law.com

We note that the recent legislation to increase the statewide minimum wage eventually to $15/hr will lead to the continued rate increase in every cycle, so continue to watch the growth of IL WC rates. As we have mentioned in the past, since the 1980’s, the IL WC Act provides a formula which effectively insures no matter how poor the IL economy is doing, WC rates continue to climb.

Please also note rising minimum wages will strip value from Illinois’ expensive wage loss differential claims. We feel reserves and settlements need to reflect the legislative boost to anyone who has any job. If you aren’t sure how this works, send a reply to Shawn or Gene Keefe.

We caution our readers to pay attention to the fact the IL WC statutory maximum PPD rate is $836.69. However, this rate is only going to be valid through June 30, 2020 and the new max PPD will be published in January 2021. When it will be published in January 2021, this rate will change retroactively from July 1, 2020 forward. At that time, if you don’t make the change, your reserves will be incorrect--if this isn’t clear, send a reply.

The current TTD weekly maximum has risen to $1,572.01. An IL worker has to make over $2,358.02 per week or $122,617.04 per year to hit the new IL WC maximum TTD rate.

For WC Death Benefits: The new IL WC minimum has sped past the $750k floor for surviving widows/widowers. That amount is now 25 years of compensation or $589.51 per week x 52 weeks in a year x 25 years or $766,363.00! The new maximum IL WC death benefit is now over $2 million at the max $1,572.01 times 52 weeks times 25 years or a lofty $2,043,613.00 plus burial benefits of $8K. IL WC death benefits also come with annual COLA increases which we feel can potentially make Illinois the highest in the U.S. for WC death claims—again if you aren’t sure about this issue, send a reply to Shawn or Gene.

The best way to make sense of all of this is to get Shawn Biery’s colorful, updated and easy-to-understand IL WC Rate Sheet.  If you want just one or a dozen or more, simply send a reply to Marissa at mpatel@keefe-law.com  AND you can also send any questions to Shawn at sbiery@keefe-law.com They will get a copy routed to you once we get laminated copies back from the printer—hopefully before they raise the rates again! Please confirm your MAILING ADDRESS to Marissa if you would like laminated copies sent to your home or office!

We appreciate your thoughts and comments. Please post them on our award-winning blog.

Synopsis: Illinois Workers’ Compensation Commission continues their advance toward a “paperless environment” during and after the pandemic as the IL Commission rolls out all new e-contract filing. Research and comments by John P. Campbell, J.D.

Editor’s Comment: We applaud the Illinois Workers’ Compensation Commission’s ongoing technological advances, having recently introduced electronic drafting and filing of settlement contracts, which is now to be perfected entirely on-line -signatures and all. We understand this to be the first of a series of steps toward what will eventually be fully “paperless” electronic filing  of Motions and Requests for Hearing. Any contract not already submitted in paper form by July 22nd will have to now be converted/transferred to the on-line contract and submitted electronically.

Of note, pro se settlement contracts will continue to be prepared and submitted in traditional paper format until further notice. We feel it is confusing for pro se Claimants to have to deal with electronic filing so the new concept is reserved for claims that are settling with attorneys on both sides.

Practitioners should note that each law firm must have a designated firm administrator who is to register as the point person managing each firm’s access through CompFile. The firm administrator is then able to set up accounts for each attorney (with a username and password) who will then have access to the settlement contract boilerplate to fill in each section. These sections mirror our traditional settlement contracts, familiar to all industry veteran observers. Attorneys will be able to draft, e-sign and submit contracts for arbitrator approval.  

The IWCC offers several helpful YouTube videos to help those of us who may be technologically challenged. Additional information can be accessed at the following link  http://www.iwcc.il.gov/compfile

Although it appears the days of quick inked-up changes to contracts with initials and resubmission are over,  this new process will no doubt promote greater efficiency since submission of contracts will be immediate upon e-signature of all parties.

We have some concerns about how this is being rolled out and we have important recommendations to claims and risk managers if you want them. The defense team at KCB&A is staying on point and expert in all aspects of electronic settlements. If you need help, send a reply.

We appreciate your thoughts and comments. Please post them on our award-winning blog.

Synopsis: The “Nuts and Bolts” of Investigating OccDisease Claims with a Specific Focus on this Pandemic—Consider Asking Shawn R. Biery, J.D. for His OccDisease Investigation Protocol.

Editor’s Comment: Shawn R. Biery of Keefe, Campbell, Biery & Assoc understands the challenges this crisis has brought to you and your claims management protocols. Suddenly, we are all being asked to figure out when/where and how someone contracted a life-threatening disease which comes with possible 7-figure OD claims exposure. To understand the risks and costs, please remember Shawn regularly updates his Illinois WC Rate Sheet—if you want a copy, send an email to Shawn or his great assistant Marissa Patel at mpatel@keefe-law.com

What Shawn has begun to detail are crucial investigation materials which you might want to consider--his new OccDisease Investigation protocol to allow you to:

1. Investigate and verify OccDisease claims for emergency workers covered under the new Rules promulgated by the IWCC;

2. Investigate and verify claims for other workers possibly not covered by the Rules and

3. Insure you have a strong basis to accept or deny OccDisease benefits in settings that may come at you and your company very rapidly.

We are constantly working to update the potential investigation protocols. Please again note, as we outline above, any Covid-19 exposure may come with 7-figure risk/reserves on a per claim basis—this is possibly a business-busting concept.

Please also make note, if you don’t diligently investigate, even without a presumption, our IL WC Commission may rule any Covid-19 claim is going to be adjudicated to be compensable.

Those supervisors, managers and adjusters who are now becoming OccDisease investigators will need the following skills:

Interviewing – the ability to draw out the relevant information through effective questioning

Communication (verbal and written) – the ability to interact effectively with injured persons, witnesses and suspects, as well as other investigators, and to communicate the findings of the investigation to a wide variety of individuals and organizations

Technical competence – the awareness of safe working procedures that should be adopted, with particular relevance to the event under investigation

Hazard recognition – the ability to ensure workers and investigators are not exposed to unnecessary risk

Interaction – personal attributes that enable effective relations with other people

Deduction – the ability to scrutinize all the evidence obtained, e.g. through observation, from witnesses’ statements and from documentary evidence, and to form a coherent picture that enables the causal factors to be identified

If you want a copy or someone to consult with an OccDisease Investigations and Rules, feel free to contact Shawn at sbiery@keefe-law.com or John Campbell at jcampbell@keefe-law.com

7-15-2020; Release/Resignation Mandatory in any Claim Where an IL Employer Doesn’t Have WC Insurance; Essential Workers Exposed to Covid-19 Have Expanded Protection and more

Synopsis: Note to the IL WC Bar—Consider a Release/Resignation Mandatory in any Claim Where an IL Employer Doesn’t Have WC Insurance.

Editor’s comment: This is stuff I remembered, after I forgot it. I have handled a number of claims where an employer might not have had WC insurance or it innocently lapsed or whatever. In such a claim, the injured worker may be able to sue their employer in Circuit Court. Please note my reasoned opinion settling such a claim on “pink” IL WC contracts wouldn’t end the Circuit Court exposure—you have to have a separate release to cut off those rights.

In American Kitchen Delights Inc. v. IWCC, No. 18-L-50818, 06/12/2020, the Illinois Appellate Court, WC Division overturned a determination that an employer was subject to civil liability for an employee’s alleged injury because the company was knowingly uninsured.

Claimant Galindo filed an IL workers’ compensation claim asserting he had suffered injuries while working for American Kitchen Delights Inc. in February 2018. Galindo’s attorney learned that AKD did not have workers’ compensation coverage on the date of the alleged accident. The IL Workers’ Compensation Act says an employer that knowingly fails to provide insurance to an employee may be subject to civil liability. However, as a prerequisite to filing a civil action, a claim of failure to provide workers’ compensation insurance must be presented to the Illinois Workers’ Compensation Commission for a hearing.

In April 2018, Galindo filed a motion for a preliminary hearing alleging the lack of WC Insurance. The company responded it did not have workers’ compensation insurance on the date of the alleged accident, but it denied that it had knowingly failed to secure coverage for Galindo. According to AKD, it purchased workers’ compensation insurance from the FCCI Insurance Co. through an insurance broker. The policy expired in December 2017, and FCCI issued a notice of nonrenewal. The notice was dated Oct. 30, 2017, and indicated that the policy would not be renewed because of AKD’s loss history.

The president of AKD confirmed he did not recall receiving the notice, nor did he recall the insurance broker telling him the policy would not be renewed. The president said he assumed AKD had workers’ compensation coverage up until April or May 2018 because several of its other policies had been canceled and reinstated.

In May 2018, AKD received an invoice from FCCI Insurance, and the company paid the invoice. AKD later received notices indicating its commercial automobile and umbrella policies had been rescinded. The company's president contacted the broker and allegedly learned the workers’ compensation policy had not been renewed.

In November 2018, the IL WC Commission found that AKD had knowingly failed to provide workers’ compensation coverage to Galindo on the date of his alleged accident. A circuit court judge affirmed the Commission’s decision.

In their ruling, the Illinois Appellate Court confirmed that under state law, an employer found to have negligently failed to provide adequate workers’ compensation insurance is subject to prosecution for a Class A misdemeanor. A knowing failure is much worse and could result in a stop-work order and prosecution for a Class 4 felony, and civil liability. Please also note the minimum fine for not having WC insurance is $10,000 and they can also levy a further penalty of $500 a day.

The Appellate Court ruled the IL WC Commission’s finding that AKD was knowingly uninsured appeared to be based on the nonrenewal notice from October 2017. That notice is governed by Insurance Code Section 143.17a, which requires that the carrier provide notice of nonrenewal via mail, and the only method for establishing compliance is proof of mailing. In this case, the Court opinion noted, Galindo introduced evidence that the notice was issued, but he did not produce any proof that FCCI had mailed it to AKD.

Absent evidence of mailing, the Appellate Court said, the record did not establish that AKD had notice of the cancellation prior to the date of Galindo’s alleged accident. The Court’s ruling also said it also was not persuaded that AKD’s knowledge of Galindo’s claim had any relevance to the question of whether the company knew it had workers’ compensation insurance.

My focus for the practicing bar is to remember these rights are out there. If your goal is to extinguish or settle such claims, you have to resolve both the WC exposure and GL exposure arising from the possible knowing lack of coverage. A release is strongly part of resolution of such claims, in my view.

I appreciate your thoughts and comments. Please post them on our award-winning blog.

Synopsis: Essential Workers Exposed to COVID-19 Have Expanded Protections in Illinois OD/WC Claims.

Editor’s comment: On June 5, 2020, Governor J.B. Pritzker signed HB 2455. This new law provides protection for “essential workers” who are exposed to and diagnosed with COVID-19. Typically, workers’ hold the burden of proving they are entitled to Illinois Workers Compensation benefits. This new law seeks to create a rebuttable presumption that essential workers diagnosed with COVID-19 are entitled to Illinois Workers’ Compensation, actually OccDisease benefits. The rebuttable presumption applies when there is a confirmed diagnosis of COVID-19 made by a licensed medical doctor on or after March 9, 2020. In cases diagnosed on or after June 16, 2020, the worker must provide a positive lab test.

As veteran defense lawyers, we aren’t seeing lots of Covid-19 claims. We feel this is due to great masking, PPE and safety protocols by Illinois employers. Our new Covid-19 cases being reported on a daily basis are dropping. We also note Covid-19 is similar to influenza-A, you get it and suffer but then get over it. There aren’t a lot of “permanent” issues for folks that successfully recover. 

Who Qualifies For The “Rebuttable Presumption”?

The presumption of workers’ compensation/OccDisease coverage applies to all COVID-19 first responders or front-line workers. This includes:

•          healthcare workers,

•          firefighters,

•          paramedics and

•          law enforcement.

Additionally, it also applies to employees of essential businesses who encounter members of the public or work in locations with 15 or more people. This includes employees of the following businesses:

•          grocery stores and convenience stores

•          pharmacies,

•          food production/manufacturing/processing,

•          distribution and supply chain companies of essential products/supplies,

•          gas stations,

•          food banks,

•          hardware stores,

•          media outlets,

•          transportation providers,

•          banks

A full list of “essential businesses” can be found on Executive Order 2020-10, March 20, 2020. If you want a copy, send a reply.

Illinois Employer’s WC/OD Defenses

Employers can rebut the presumption by providing evidence that:

1.         the employer practiced, to the fullest extent possible, updated industry specific CDC or Illinois Dept. of Public Health guidelines to prevent COVID-19 exposure.

2.         The employee was working from home for a period of 14 consecutive days or more prior to the injury or occupational disease.

3.         The employee’s exposure to COVID-19 came from an alternate source

We ask all employers and local governments to send a reply or consult a KCB&A attorney to make sure your rights are adequately being protected.

We appreciate your thoughts and comments. Please post them on our award-winning blog.

Synopsis: Join KCBA’s very own Brad Smith, J.D. for his podcast discussing all trending legal topics.

Editor’s comment: In Brad’s Everything Legal Podcast, Brad discusses the legal world in an understandable and practical way. In his initial episode Brad analyzes the legislation that matters to you and other notable circumstances surrounding the COVID-19 Pandemic. Brad’s podcast will continue to explore legal topics of significance on an ongoing basis. We hope you can subscribe and happy listening to you.

Please subscribe on Apple Podcasts, Spotify, or Anchor by searching “Brad’s Everything Legal Podcast.”

You can also link to the Apple Podcast here: Brad's Everything Legal Podcast.

Synopsis: The “Nuts and Bolts” of Investigating OccDisease Claims with a Specific Focus on this Pandemic and New Rules Mentioned Above—Consider Asking Shawn R. Biery, J.D. for His OccDisease Investigation Protocol.

Editor’s Comment: Shawn R. Biery of Keefe, Campbell, Biery & Assoc understands the challenges this crisis has brought to you and your claims management protocols. Suddenly, we are all being asked to figure out when/where and how someone contracted a life-threatening disease which comes with possible 7-figure OD claims exposure. To understand the risks and costs, please remember Shawn regularly updates his Illinois WC Rate Sheet—if you want a copy, send an email to Shawn or his great assistant Marissa Patel at mpatel@keefe-law.com

What Shawn has begun to detail are crucial investigation materials which you might want to consider--his new OccDisease Investigation protocol to allow you to:

1. Investigate and verify OccDisease claims for emergency workers covered under the new Rules promulgated by the IWCC;

2. Investigate and verify claims for other workers possibly not covered by the Rules and

3. Insure you have a strong basis to accept or deny OccDisease benefits in settings that may come at you and your company very rapidly.

We are constantly working to update the potential investigation protocols. Please again note, as we outline above, any Covid-19 exposure may come with 7-figure risk/reserves on a per claim basis—this is possibly a business-busting concept.

Please also make note, if you don’t diligently investigate, even without a presumption, our IL WC Commission may rule any Covid-19 claim is going to be adjudicated to be compensable.

Those supervisors, managers and adjusters who are now becoming OccDisease investigators will need the following skills:

Interviewing – the ability to draw out the relevant information through effective questioning

Communication (verbal and written) – the ability to interact effectively with injured persons, witnesses and suspects, as well as other investigators, and to communicate the findings of the investigation to a wide variety of individuals and organizations

Technical competence – the awareness of safe working procedures that should be adopted, with particular relevance to the event under investigation

Hazard recognition – the ability to ensure workers and investigators are not exposed to unnecessary risk

Interaction – personal attributes that enable effective relations with other people

Deduction – the ability to scrutinize all the evidence obtained, e.g. through observation, from witnesses’ statements and from documentary evidence, and to form a coherent picture that enables the causal factors to be identified

If you want a copy or someone to consult with an OccDisease Investigations and Rules, feel free to contact Shawn at sbiery@keefe-law.com or John Campbell at jcampbell@keefe-law.com

7-1-2020; Black Lives Matter and "Floyd's Law" from Gene Keefe; Bradley Smith, J.D. on LGBTQ Rights and What It Means to Your Company and more

Synopsis: Black Lives Matter

Editor’s comment: I/We at KCB&A understand and agree with this concept. We join with lots of others across our country and the world to fight systemic racism. I want to confirm for my readers racism can’t be ignored but it isn’t a science and is one of the dopiest and most pointless things the human race has ever engaged in. I recoil to be asked my “race” in applications and anywhere. I assure all of you the goofy term “Caucasian” has nothing to do with the even goofier term “white.” If you want that analysis, send a reply.

One thought I have I call “Floyd’s Law.” I feel Federal, State and local governments should

• Note Police officers almost always work in groups;

• The groups should all be responsible and responsive if one of their group initiates and/or uses deadly force at any time;

• Federal, State and local governments should enact a rule/law that a police officer cannot be indifferent to the inappropriate use of deadly force in their presence—they have to take steps to warn other reporting officers and block them to the best of their ability from the inappropriate use of deadly force or face termination and prosecution themselves.

I appreciate your thoughts and comments. Please post them on our award-winning blog.

Synopsis: Title VII’s Plain Meaning of “Sex” Encompasses Sexual Orientation and Transgender Discrimination. Time to revisit those handbooks in some States! Analysis by Bradley J. Smith, J.D.

Editor's Comment: In Bostock v. Clay County, Georgia, the U.S. Supreme Court (SCOTUS), issued a landmark decision holding that Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace based on employees’ sexual orientation or gender identity. SCOTUS considered “whether an employer can fire someone simply for being homosexual or transgender” without violating federal law. And its determination was memorable. Writing for the majority, Justice Gorsuch found that this type of discrimination violates Title VII. He was joined in his majority decision by Justices Roberts, Ginsburg, Breyer, Sotomayor, and Kagan. Justices Alito, Thomas, and Kavanaugh all dissented. The central dispute between the justices was whether textualism was applied in the reasoning or some form of “judge supplementation” of a statute.

Nonetheless, despite the argument between the justices, Bostock resolved the recent split among the federal appellate courts as to whether Title VII’s prohibition against “sex” discrimination encompasses sexual orientation or gender identity. This split in the federal appeals courts can be traced back to the Seventh Circuit opinion in the decision Hively v. Ivy Tech Community College of Ind.

Hively was a recent decision. And it was a doozy. Not in the ultimate holding, but the reasoning appeared all over the place and not well grounded in the legal assessment that should have been applied. Instead, the justices in that case appeared to more blatantly apply “judge supplemented” legislation. In fact, Justice Posner went so far to ask that everyone call it out for what it really is: judicial interpretive updating. Ultimately, the court—with arguably different reasoning than Bostock—determined that discrimination based on sexual orientation is discrimination based on sex under Title VII.

Differing slightly in the reasoning, the Bostock court looked at the language at the time Title VII was enacted in 1964. In doing so, the court recognized that Congress may not have anticipated that the Supreme Court might one day interpret the law to prohibit discrimination because an employee is gay or transgender. The majority opinion determined that the drafters’ intentions are no substitute for the plain language of the statute. Accordingly, the majority determined that there is “no contest” that Title VII’s prohibition against discrimination based on sex encompasses sexual orientation and gender identity.

And it determined this by applying the plain language applicable to the meaning of “sex.” In other words, SCOTUS set out to determine the ordinary public meaning of Title VII’s command that it is “unlawful . . . for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(1). But the court did not stop at defining “sex” in 1964. It opted to look at the statute’s language of “because of” and applied the standard of but-for causation. In other words, so long as the plaintiff’s sex was one but-for cause of the employment decision, that is enough to trigger a violation of the law.

The court explained that an individual’s homosexuality or transgender status is not relevant to employment decisions. That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex. And SCOTUS had examples. Those examples consisted of the following: consider, for example, an employer with two employees, both of whom are attracted to men. The two individuals are, to the employer’s mind, materially identical in all respects, except that one is a man and the other a woman. If the employer fires the male employee for no reason other than the fact he is attracted to men, the employer discriminates against him for traits or actions it tolerates in his female colleague. Put differently, the employer intentionally singles out an employee to fire based in part on the employee's sex, and the affected employee's sex is a but-for cause of his discharge. Or take an employer who fires a transgender person who was identified as a male at birth but who now identifies as a female. If the employer retains an otherwise identical employee who was identified as female at birth, the employer intentionally penalizes a person identified as male at birth for traits or actions that it tolerates in an employee identified as female at birth. Again, the individual employee's sex plays an unmistakable and impermissible role in the discharge decision.

Turning to the issue of your employment policies

Many employers rightfully already have policies and practices in place that are inclusive of lesbian, gay, bisexual, and queer (LGBTQ) workers, and now is a great time to review those policies and programs in light of SCOTUS’s ruling.

Currently, many states and local municipalities have laws in place to protect the LGBTQ community in the workplace. Those existing state and local laws that explicitly protect applicants and employees from discrimination based on sexual orientation and gender identity will remain in place. SCOTUS’s decision now protects LGBTQ workers nationwide.

Expanding your policy to include protections for sexual orientation and gender identity is the right thing to do. It will also provide evidence that your company intends to comply with Title VII’s protection of “sex” in its totality.

Employers should also undertake comprehensive reviews of their job application, hiring practices, and ongoing work processes. They should also conduct supervisor training on this protected class to assure that their managers, supervisors, and employees understand the change in the national laws. Employers should be sure to have clear anti-harassment and anti-discrimination standards for the LGBTQ worker, so as to protect the workers and themselves from missteps.

The research and writing of this article was performed by Bradley J. Smith, J.D. Bradley can be reached with any questions regarding employment discrimination claims and any other general liability defense questions at bsmith@keefe-law.com.

Synopsis: Indiana Worker’s Compensation/GL News: TTD and PPI Rates Stay the Same, but Mileage Reimbursement Goes Up, and PPI calculations for Extremities Are Being Changed.

This is a “Must Read.” Comment by Kevin Boyle of Keefe Campbell Biery & Associates, LLC.

Editor’s comment: Every year about this time, the new Indiana statutes go into effect on July 1. Also as usual, many WC changes to the statutes were proposed during the Legislature Session, but few actually made it into law. Here is a summary of a few important changes you should know about.

First, although it was proposed and expected, the TTD minimum/maximum rates and PPI rates did not change.  Please keep using the same rates that you have used for injuries that occur after 7/1/2016.

Second, the IWCB’s mileage reimbursement rates slightly increased from .38/mile to .39/mile for travel outside the county of employment on or after March 1, 2020. This change is not statutory, but was enacted by the State of Indiana Department of Administration that must be followed by the IWCB per I.C. 22-3-3-4.

Third, there were some statutory changes to the PPI statute (I.C. 22-3-3-10) for vision claims. Subsection (i)(12) was deleted and a new one was substituted: “Visual impairments shall be based on the Functional Vision Score (FVS), assessing the visual acuity and visual field to evaluate any reduction in ability to perform vision-related Activities of Daily Living (ADL). Unless such loss is otherwise specified in subsection (i)(5), visual impairments shall be paid as a whole person rating.”

Finally, although the PPI rates were not changed, the IWCB has instituted Guidelines that will affect PPI calculations for upper and lower extremities from now on.  You may have had 1043s recently rejected even though your PPI calculations were based on the same PPI chart we’ve used for decades. If you’d like a copy of these new guidelines, or an updated rate chart, let me know. In summary, a wrist injury will be considered an impairment of the upper extremity, but if use of the hand is also affected, there should be a hand rating as well, and these will be combined. Also, if there are impairments to various parts of a limb, such as an elbow and wrist, the Board will approve payment for the combined rating to the upper extremity.

Also, upper and lower extremity impairments will no longer be separated into above or below the joint except in the case of amputations, per IC 22-3-3-10 (i)(1), (9) and (10). Upper extremity ratings for those joints should be based on 50 degrees, not 40; lower extremity ratings for foot, ankle (and knees) will be based on 45 degrees instead of 35 degrees. These PPI changes are advisory, for general guidance, and not enacted by a new 2020 statute, but these changes are being implement and enforced by the IWCB in approvals and calculations now.

Stay tuned for more. If you have questions/concerns about Indiana worker’s comp, general liability, MVA, employment or any other legal issues, please contact: kboyle@keefe-law.com

Synopsis: Join KCBA’s very own Brad Smith, J.D. for his podcast discussing all trending legal topics.

Editor’s comment: In Brad’s Everything Legal Podcast, Brad discusses the legal world in an understandable and practical way. In his initial episode Brad analyzes the legislation that matters to you and other notable circumstances surrounding the COVID-19 Pandemic. Brad’s podcast will continue to explore legal topics of significance on an ongoing basis. We hope you can subscribe and happy listening to you.

Please subscribe on Apple Podcasts, Spotify, or Anchor by searching “Brad’s Everything Legal Podcast.”

You can also link to the Apple Podcast here: Brad's Everything Legal Podcast.

Synopsis: The “Nuts and Bolts” of Investigating OccDisease Claims with a Specific Focus on this Pandemic and New Rules Mentioned Above—Consider Asking Shawn R. Biery, J.D. for His OccDisease Investigation Protocol.

Editor’s Comment: Shawn R. Biery of Keefe, Campbell, Biery & Assoc understands the challenges this crisis has brought to you and your claims management protocols. Suddenly, we are all being asked to figure out when/where and how someone contracted a life-threatening disease which comes with possible 7-figure OD claims exposure. To understand the risks and costs, please remember Shawn regularly updates his Illinois WC Rate Sheet—if you want a copy, send an email to Shawn or his great assistant Marissa Patel at mpatel@keefe-law.com

What Shawn has begun to detail are crucial investigation materials which you might want to consider--his new OccDisease Investigation protocol to allow you to:

1. Investigate and verify OccDisease claims for emergency workers covered under the new Rules promulgated by the IWCC;

2. Investigate and verify claims for other workers possibly not covered by the Rules and

3. Insure you have a strong basis to accept or deny OccDisease benefits in settings that may come at you and your company very rapidly.

We are constantly working to update the potential investigation protocols. Please again note, as we outline above, any Covid-19 exposure may come with 7-figure risk/reserves on a per claim basis—this is possibly a business-busting concept.

Please also make note, if you don’t diligently investigate, even without a presumption, our IL WC Commission may rule any Covid-19 claim is going to be adjudicated to be compensable.

Those supervisors, managers and adjusters who are now becoming OccDisease investigators will need the following skills:

Interviewing – the ability to draw out the relevant information through effective questioning

Communication (verbal and written) – the ability to interact effectively with injured persons, witnesses and suspects, as well as other investigators, and to communicate the findings of the investigation to a wide variety of individuals and organizations

Technical competence – the awareness of safe working procedures that should be adopted, with particular relevance to the event under investigation

Hazard recognition – the ability to ensure workers and investigators are not exposed to unnecessary risk

Interaction – personal attributes that enable effective relations with other people

Deduction – the ability to scrutinize all the evidence obtained, e.g. through observation, from witnesses’ statements and from documentary evidence, and to form a coherent picture that enables the causal factors to be identified

If you want a copy or someone to consult with an OccDisease Investigations and Rules, feel free to contact Shawn at sbiery@keefe-law.com or John Campbell at jcampbell@keefe-law.com