My Takeaway from the 2023 -LABI Conference

The recent LABI Conference highlighted what many of you may already know: Third Circuit Court of Appeal decisions continue to be mostly averse to the employer.? However, the RiskSAVER model can significantly mitigate this burden.

The case summaries presented by various LABI speakers stressed that the failure to investigate a claim early can result in significant penalties and attorney fees.? The RiskSAVER model is based on an early and thorough investigation of the workplace incident, evaluation of possible avenues for recovery, and collection of information that is pivotal to controlling cost throughout the lifetime of the claim.?

?The goal of a RiskSAVER injured worker statement is to gain a holistic view of the worker and the reported incident. The following are carefully reviewed with the worker: education, work history, prior medical history, detailed description of the work incident that resulted in their injury, witnesses to the incident, average weekly wage issues, borrowing and joint employer issues, their description of job duties, and subrogation potential.? The information gathered is vital to claims handling decisions, accurately assessing exposure, and establishing appropriate reserves, as well as developing a rapport with the injured worker.

?Most injured workers know little about the workers' compensation system and it is important that they understand the basic framework that will guide claims decisions and what they can expect during their recovery.? After collecting a statement, the RiskSAVER field adjuster will explain, using pre-approved talking points, the workers’ comp system.? By building face-to-face trust early, the RiskSAVER field adjuster can lessen the worker’s confusion about the WC process, as well as become the initial contact person should any additional questions or issues arise, thereby lessening the likelihood that they seek out an attorney.

?If an investigation is delayed, witnesses become scarce, the reported injuries tend to multiply, and relevant information for a Second Injury Fund or subrogation claim is forever lost.? Once an injured worker retains legal representation, a statement may be off the table completely as many attorneys will block any meeting with the injured worker - this can dramatically hinder the insurer’s decision-making process by narrowing the insurer’s view to only what the plaintiff's attorney chooses to reveal.

Gary Kern, BA, ARM, CWCP, CMSP, CVSA

Risk & Claims Management Consultant

2955 Ridgelake Dr. Suite 101 Metairie, LA 70002

p. 504.849.0530 & f. 504.754.7571