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The Obama administration is urging the U.S. Supreme Court not to review a 2008 appeals court ruling that upheld San Francisco’s controversial health care spending law. The San Francisco law, which took effect in 2008, requires companies with at least 100 employees to spend at least $1.96 per hour per covered employee on health care, while employers with 20 to 99 employees must spend at least $1.31 an hour. The spending requirement can be satisfied in various ways, including payment of employees’ health insurance premiums and contributions to health savings accounts and health reimbursement arrangements. Last year, the U.S. Supreme… Read More »San Francisco Health Care Law Won’t Be Reviewed

There will be no change in minimum and maximum temporary total disability (TTD) and permanent total disability (PTD) rates for 2011 work injuries, or in several other workers’ compensation benefits that are tied to increases in California’s average weekly wage, the California Workers’ Compensation Institue reported. The U.S. Department of Labor has released new data showing California’s State Average Weekly Wage (SAWW) edged down from $984.83 to $979.90 in the 12 months ending March 31, 2010 — a decline of about 0.5 percent. Under California law, minimum and maximum TTD and PTD rates are subject to annual changes, effective January… Read More »No Change in Some Workers’ Comp Benefits

The FirstComp Special Investigation Unit (SIU) is dedicated to fighting claimant fraud. The team works extensively with Department of Insurance Fraud Bureaus, State Attorney Generals, and District Attorneys across the country to ensure successful criminal convictions for claimant fraud. In 2009 the SIU assisted in bringing 11 suspects to justice by obtaining 11 convictions for fraud. These convictions are great news for Tim Chlebinski, FirstComp manager. “The Special Investigation Unit team is dedicated to fighting fraud that ultimately impacts policyholders and businesses,” says Chlebinski. Below are just a few examples of claimant fraud suspects brought to justice with the help… Read More »FIRSTCOMP COMBATS CLAIMANT FRAUD

Employers can amend their health care plans immediately to provide tax-free coverage to employees’ adult children, the Internal Revenue Service said Tuesday. IRS Notice 2010-38—eagerly awaited by employers and insurers—involves a provision in the new health care reform law that will require health care plans to extend coverage to employees’ adult children up to age 26 and allows tax-favored coverage through the end of the calendar year in which the child turned 26. That provision takes effect on the first day of a plan year starting six months after the March 23 enactment of the law. For employers with calendar-year… Read More »Tax Free Children

Companies can be found liable for discrimination against disabled people under state civil rights law even if the discrimination is unintentional.

And in most cases your liability insurance DOES NOT provide coverage for ADA violations. Most claims involving ADA discrimination are to be paid out of your own pocket. The range of the claim could be found anywhere from $5,000 to $500,000. So we hereby suggest you review the accessibility of your business premises and operations and improve anything and everything that may limit the ability of a disable person to access your business.

Here is an example of the case involved Kenneth Munson, who has a physical disability that requires the use of a wheelchair. Mr. Munson charged that when he visited the San Bernardino, Calif., restaurant operated by Lake Forest, Calif.-based Del Taco Inc., he “encountered architectural barriers that denied him legally required access to the parking area and rest rooms,” according to the opinion.

Mr. Munson sued the company under the federal Americans with Disabilities Act and California’s Unruh Civil Rights Act. The 9th U.S. Circuit Court of Appeals in San Francisco asked the state Supreme Court to consider the case.
Read More »Liability for ADA Violation

Recently Business Insurance had an article on court decision on “blast” faxes triggering liability coverage. In short, the sending of unsolicited “blast” faxes, which violate the Telephone Consumer Protection Act, triggers coverage under a commercial general liability insurance policy that provides coverage for advertising injuries, the Florida Supreme Court ruled.

Corporate officers (including partners and LLC managers and members) may choose to be covered (or not) when you obtain your policy. If they are excluded from coverage, you don’t need to report their payroll. The payroll of covered officers is assigned to the classification that best describes their job duties. Their payroll may be placed in the Clerical or Outside Sales classes only if their duties meet the proper qualifications. If officers directly supervise any employee, their payroll is assigned to the classification supervised. Officer payroll is subject to a maximum and minimum figure. Your audit may make adjustments if… Read More »Workers Comp. for Corporate Officers