April 21, 2006 - Minutes of Board of Managers Meeting

Michigan Manufacturers Building
Lansing, Michigan

Present:

MSIA Board
Chairperson’s Council
Guests
Jack Nolish, Director of Workers’ Compensation Agency
(at the Agency meeting)
Bruno Czyrka, Deputy Director of Workers’ Compensation Agency
(at the Agency Meeting)

The MSIA Board meeting was called to order at 10:00 a.m. to discuss the following Agenda:

AGENDA
1. Minutes of Board of Managers’ Prior Meeting.
2. Treasurer's Report.
3. Funds Trustees Report.
4. Amicus Curiae Report.
5. 2006 Spring Conference Report.
6. Technology Committee Report
7. Old Business.a. HB5292. b. Other Old Business.
8. New Business
a. Preparation for afternoon meeting with Workers’ Compensation Agency personnel.
b. Other New Business.

The Minutes were approved upon motion of Ms. Mahan, seconded by Ms. Azar.

The Treasurer’s Report was presented by Ms. Mahan. The income and expense budget, revised through April 19, 2006, reflected a healthy cash balance. Ms. Mahan also distributed information with respect to MSIA’s income/expense register and MSIA’s budget, both covering the period of time from September 1, 2005 through August 31, 2006. The Treasurers’ Report was approved upon motion of Mr. Calille seconded by Mr. Ohman.

The Funds Trustees Report was presented by Ms. Child. She reported that the Funds Trustees authorized the filing of an amicus curiae brief to support DaimlerChrysler’s bypass appeal in Stokes v DaimlerChrysler Corporation. Ms. Child also reported that the Funds Trustees had begun discussions on the amount of the annual assessment on employers. The MSIA Board discussed whether it was or was not legitimate to have more than one assessment per year. Ms. Child also noted that there remains a vacancy on the Board of Trustees for a person representing the insurance carrier industry and, as a consequence, only Ms. Child (representing the self-insured industry) and Director Nolish are presently on the Board. Ms. Child said indications are that the Governor hopes to fill the vacancy by December.

The Amicus Curiae Report was submitted by Mr. Calille. He reported that the oral argument on the application for leave to appeal had taken place in Paige v Sterling Heights. The primary issue in that case is the correct construction of the causal relationship requirement in non-immediate death cases. Mr. Calille also reported that the Supreme Court has granted leave in a case relating to Michigan jurisdiction over out-state injuries. That case is Karaczewski v Farbman Stein & Company. Finally, Mr. Calille reported on the amicus curiae brief filed by the MSIA, the Michigan Manufacturers Association, the Michigan Chamber of Commerce, and various other employer groups. The theme of the one amicus curiae brief filed on behalf of the MSIA and these various groups was twofold: (1) to illustrate the inconsistencies between Stokes’ majority decision and the Supreme Court’s decision in Sington v DaimlerChrysler Corporation, and, (2) to emphasize the need for immediate review to avoid confusion in the law. [Subsequent to the MSIA Board Meeting, the Supreme Court issued an order in Stokes staying the Commission and directing the Court of Appeals hear the case in an expedited fashion.

The 2006 Spring Conference Report was submitted by Ms. Child. She reported that the Spring Conference Committee had met just prior to the MSIA Board Meeting. She reviewed the arrangements made for vendors and the conference schedule and reported that everything was in place for a successful conference.

The Technology Committee Report was submitted by Ms. Child who explained that Mr. Dana, the MSIA webmaster, was in the process of developing the website to accommodate resumes for persons seeking employment.

Under Old Business, it was noted that HB 5292 has been amended to reflect employer concerns, but was still in committee and must be sent back to the House.

Under New Business the MSIA Board briefly reviewed the Agenda to be taken up with the Agency personnel in a meeting to immediately follow the MSIA Board Meeting. The Board also noted the appointment of Magistrate Jennifer Crawford to the Board of Magistrates to fill a vacancy there. The Board then discussed the upcoming interview process to be held by the Qualifications Advisory Committee whose scheduling of the interviews conflicts with the MSIA conference.

The Board set October 25 for the October Board Meeting with the Fall Conference to occur on October 26, 2006 at the St. John’s Golf & Conference Center.

The Fall Conference Committee was established. Ms. Azar is to be the Chairperson of the Fall Conference. The Fall Conference Committee is to be comprised of: Ms. Susser, Ms. Child, Ms. Maharaj, Ms. Kransz, with Ms. Mahan to provide the badges and oversee the registration.

Mr. Calille on behalf of the Nominating Committee recommended that Mr. Ohman be named MSIA’s first vice-chair and Ms. Azar be named the second vice-chair. The Board agreed and the nominations will be presented to the membership at the Fall meeting. Ms. Cyrulnik, the current first vice-chair, will be nominated as Chair at that meeting as well.

Finally, the Board welcomed new members: Semco Energy, County of Macomb, Cannon Cochrane Management Services, Inc., The Center for Physical Rehab, Commercial Steel Treating Corporation, ODL, Inc., and St. Clair County. Upon Motion of Mr. Calille, seconded by Mr. Healy, these companies were admitted as members of MSIA subject to payment of dues. The meeting adjourned at noon for a brief recess before the afternoon meeting with the Agency personnel.

Following the MSIA Board Meeting, Director Nolish and Deputy Director Nolish graciously agreed to appear to discuss and field questions from the Board, as well as many other attendees from various employers, employer groups and the insurance carrier industry. This discussion was beneficial and fruitful.

The meeting with the Agency concluded at 2:45 p.m.

Respectfully submitted

Gerald M. Marcinkoski
Executive Secretary