July 14, 2006 - Minutes of Board of Managers Meeting

Discussion of vocational rehabilitation issues – David Campbell and Bruno Czyrka from the Workers’ Compensation Agency attended the Board meeting and presented current issues related to vocational rehabilitation. They passed out a handout which included a Vocational Rehabilitation Professional Disclosure Form, Labor Market Survey Information Form and supporting information. The focus of the discussion was the differences between vocational rehabilitation governed by Section 319 of the act and a Sington evaluation which falls under Section 301 of the Act. The Professional Disclosure Form is a form to be signed by a counselor and client. David Campbell would like to mandate that approved providers use this form instead of other group’s forms. Mr. Calille had some suggestions regarding non-cooperation with vocational rehabilitation. David Campbell stated he is hesitent to put any language on the form that states benefits may terminate if there is a refusal to cooperate with voc rehab. He states if a client refuses to sign the Professional Disclosure Form, they will still continue through process but there will be a record of the refusal to sign. David Campbell states he wants to keep the form neutral and non-confrontational.

David Campbell stressed the difference between vocational rehabilitation under Section 319 of the Act and a Sington analysis governed by Section 301. The Vocational Rehabilitation Division of the Agency does not have jurisdiction under Section 301 of the act. However, the Vocational Rehabilitation division would still like to present a standardized format for gathering the relevant information that is consistent with professional standards. That form was attached to his handout and is called Labor Market Survey Information (a.k.a. “Sington” Analysis). Attached please find one of the suggested Sington Analysis forms that should be used now to help clearly differentiate use of a vocational expert for Sington disability purposes from traditional Vocational Rehabilitation. David Campbell would like guidelines to be sent to voc rehab companies that spell out the differences between voc rehab under Section 319 and a Sington analysis under Section 301. Incidentally, David Campbell will be speaking at MSIA’s Fall Conference on this topic. The next meeting of David Campbell’s Council on Vocational Rehabilitation is on September 22, 2006. He asked that any changes or suggestions regarding the forms be submitted to him a week before the meeting.

The Treasurer’s Report was presented by Ms. Mahan. The dues notices are to be mailed to members at the beginning of August. 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 report does not include payment of the Grand Traverse Bill. The Treasurers’ Report was approved upon motion of Mr. Healy seconded by Mr. Ohman.

The Nominating Committee Report was submitted by Mr. Calille. He reports that Second Vice Char, Ms. Azar, who is Chair of the Fall Conference Committee, held the first Fall Conference Committee Meeting just prior to the Board meeting. Mr. Rutofske of DTE Energy and Mr. Levins of DaimlerChrysler Corporation need to be contacted regarding active membership on the MSIA Board. Ms. Susser will contact Mr. Rutofske. Mr. Calille and the Executive Secretary will discuss this in further detail.

The Membership Committee Report was presented by Ms. Mahan. She explained that a mailing was sent to potential new members prior to the Spring Conference. If they joined MSIA they were invited to attend the Spring Conference free of charge. The following new members were welcomed: SEMCO Energy, Grand Traverse County, Detroit Public Schools, Risk Management Services Corp, ASC Inc., Berrien County, Dickinson County Memorial Hospital, Alpena Regional Medical Center, Central Michigan Community Hospital, Cooper Standard Automotive, Review Works, and Wayne County Airport. Ms. Mahan stated that all dues were paid. The new members were accepted upon Motion of Mr. Calille, seconded by Ms. Child.

The Technology Committee Report was presented by Ms. Child. She reports that pictures from the Spring Conference are on the website and Fall Conference information is now available on the website. The MSIA Webmaster, Mr. Dana, is working on posting career opportunities on the site. Only MSIA members can post jobs or resumes, but anyone can go to the site to find a job. Upon receipt of the job/career information Mr. Dana will post the information on the web site. After one month he will contact the appropriate party to check the status of the posting. Blind advertisements can also be posted and Mr. Dana will connect the parties. Ms Child suggested that we have Mr. Dana manage the career opportunities from now until the end of the year at which time the Board will re-evaluate the needs and costs associated with this service. A legal disclaimer will be posted stating that MSIA does not endorse or recommend any particular employment opportunity.

The Amicus Curiae Report was submitted by Mr. Calille. He reported that the oral argument has been scheduled in Stokes vs DaimlerChrysler. The Court of Appeals was ordered to decide this case by October 1, 2006. Mr. Calille stated that the panel assigned to this case consists of Judge White, Neff and Saad. Mr. Calille does not expect the case to be reversed.

The Funds Trustees Report was delivered by Ms. Child. She reported that the Funds Trustees authorized a 2% assessment. Last year the assessment was 3%. The next meeting of the Funds Trustees is on August 7, 2006. At this time there are only two funds trustees, Ms. Child and Jack Nolish. She will share information regarding the QAC interviews once they occur.

The Health Care Committee Report was presented by Ms. Azar. A meeting was held in July. She reports that a 2% increase in relative value units was approved by unanimous vote. Ms. Azar does not expect that it will be opposed.

The 2006 Spring Conference Report was submitted by Ms. Child. She stated that the final invoice had been received from the Grand Traverse resort. An area of concern was the lunch vouchers. Some attendees spent over the $10.00 limit and charged the balance to MSIA. Ms Child advised the Resort that guests should not have been allowed to charge MSIA anything over $10.00. Ms. Child stated that MSIA made $9,000.00 on the Spring Conference.

The 2006 Fall Conference Report was delivered by Ms. Azar. She states the theme is “The Pirates of the CompArena.” The morning session will include nomination of new members/officers to the Board, followed by the Workers’ Compensation Legal Update by the Executive Secretary and Workers’ Compensation Agency Updates. There will be seven mid-morning breakout sessions which will be fifty minutes each. Attendees can choose two sessions. The topics include: Repetitive Trauma Strain, Medicare Set Asides, Sington vs Vocational Rehabilitation, Reflex Sympathetic Dystrophy, New Legislature on Medicare Set Asides, Use or abuse of Oxycotin, and Effective RTW Programs. Lunch will be followed by the game: Deal or No Deal with Mr. Wright to play the part of Howie Mandel. Prizes and CEU credits will be given out after. Ms. Azar stated that Ms. Parker will oversee the brochures, Ms. Mahan will handle registration and name tags, vendor booths will be facilitated by Ms. Kransz, and Ms. Denise Pretzer will secure hotel rooms and coordinate breakfast and lunch menus.

Under Old Business Ms. Child reported that QAC meetings/interviews took place during MSIA’s Spring Conference. As a result, an unbalanced list was sent to the Governor. Interviews for replacements for magistrates whose terms are expiring in January, 2007 will be held in September – October, 2006. It is not known how many will be interviewed.

With respect to Dave Campbell’s vocational rehabilitation proposed forms, Ms. Child will forward the forms to Mr. Calille who will reformat it.

Under New Business it was noted that Craig Petersen’s Grievance Decision was appealed.

The Executive Secretary attended the National Self-Insurers’ Meeting in Florida and included a report from the meeting in the handouts. Eric Oxfeld spoke a great deal about Medicare Set Asides and reform legislation on set asides.

The Executive Secretary included in the handouts a note of appreciation in regard to the increase in his salary which was approved by the Executive Committee in June. Mr. Calille asked that the Executive Secretary’s retainer be listed separate from expenses on future expense reports. In addition, Mr. Calille stated that the board should vote on redirecting $250.00 of the Executive Secretary’s monthly salary to Marianne Melton. Prior to this vote, Ms. Mahan will contact MSIA’s accountant for guidance on how to classify the payment.

In Other New Business, Mr. Healy stated that there is a group pushing for new legislation with respect to Section 360 dealing with professional athletes. The group would like to alter the language in subsection one of Section 360 to place the focus on the amount of earnings “at the date of injury” rather than “at the time of application for benefits, and thereafter,” as the provision presently reads. The Executive Secretary noted in a memo to Mr. Healy that the change would be very beneficial because under the present statute many athletes have no earnings “at the time of application of benefits.” Therefore the 200% of the state average weekly wage threshold does not offer any protection or savings. By contrast, many athletes “at the date of injury” are earning more than 200% of the state average weekly wage. Therefore, they would not be entitled to benefits under the 200% rule. The second proposed change would create a subsection 3 to Section 360. The purpose of the subsection is to prevent athletes from collecting workers’ compensation benefits during the off-season when they would not be earning benefits anyway. The Executive Secretary recommended some minor changes to avoid possible loopholes.

Ms Child stated that 2007 is the last year for our contract at The Grand Traverse Resort for the Spring Conference. She stated if we are going to make a change we need to investigate new sites in the near future. The survey results from the Spring Conference showed that 90% of attendees approved of the Grand Traverse Resort location. Mr. Ohman, Ms. Cyrulnik and Ms. Child will have a discussion with the Grand Traverse Resort regarding locking in rates, location and dates for future conferences. The contract should be reviewed by the Board prior to signing.

The Board elected to hold the September 15th meeting at Fox Hills Country Club in Plymouth. The Fall Conference Committee Meeting will commence at 9:30 followed by the Board meeting at 11:30, lunch, and Golf at 2:30.

The meeting was adjourned at 4:23 p.m.