LA WORKERS’ COMPENSATION SECOND INJURY BOARD



LA WORKERS’ COMPENSATION SECOND INJURY BOARD

Meeting of December 10, 2015

The regular meeting of the Second Injury Board convened at 2:06 p.m.

The following were present:

1. Mr. Patrick Robinson, OWCA Director, Chairman

2. Mr. Charles Hansberry, representing Commissioner of Insurance

3. Mr. Steve Hawkland, representing Secretary of State

4. Ms. Lynette Mack, representing State Treasurer

5. Mr. Dan Lastrapes, SIB Director

6. Ms. Michelle Sumrall, Compliance Supervisor

7. Mrs. Jessica Masaracchia, Audit & Finance Supervisor

8. Karl Scott, General Counsel

9. Meridith Trahant, General Counsel

10. Ashley Deshotels, General Counsel

11. Claudia Brumfield, Administrative Assistant

12. Tiffany Mason, Compliance Officer

13. Shaneka Davis, Recording Secretary

Mr. Patrick Robinson, Chairman, called the meeting to order and began with Item 1 on the agenda, being the reading of the minutes from the previous meeting. Mr. Hawkland moved to dispense with the reading of the minutes and approve the minutes as printed and distributed. The motion was seconded by Ms. Mack and passed unanimously.

The Chairman moved to Item 2 on the agenda, Hearings. All hearings were deferred.

Next, the Chairman moved to Item 3 on the agenda which included (11) items recommended for payment beginning with Claim #14-0645 and ending with Claim #15-0613. The motion to approve the recommendation was made by Mr. Hansberry, seconded by Ms. Mack and passed unanimously.

1. 14-0645 LUBA Casualty Insurance Company 104 week deductible

2. 14-0748 Lafayette Parish Sheriff’s Office 104 week deductible

3. 14-0781 Winn-Dixie Louisiana, Inc. 104 week deductible

4. 15-0054 Touro Infirmary 104 week deductible

5. 15-0095 Louisiana Restaurant Association 104 week deductible

6. 15-0236 Louisiana Workers’ Compensation Corporation 104 week deductible

7. 15-0391 City of Baton Rouge, EBRP 104 week deductible

8. 15-0408 Louisiana Auto Dealers Association 104 week deductible

9. 15-0509 Sentry Insurance A Mutual Company 104 week deductible

10. 15-0590 Louisiana Construction & Industry - SIF 104 week deductible

11. 15-0613 Louisiana Restaurant Association 104 week deductible

The Chairman moved to Item 4 on the agenda, (45) claims recommended for denial, beginning with Claim #13-0404 and ending with Claim #15-0689. A request was made for a motion to approve the recommendations to deny the claims as described in the December 10, 2015 agenda. The motion was made by Ms. Mack; seconded by Mr. Hawkland and passed unanimously.

1. 13-0404 Louisiana Workers’ Compensation Corporation

2. 13-0838 Louisiana Construction & Industry – SIF

3. 14-0014 Ace American Insurance Company

4. 14-0232 Argonaut Insurance Group

5. 14-0534 Louisiana Workers’ Compensation Corporation

6. 14-0564 Louisiana Restaurant Association

7. 14-0590 Louisiana Municipal Risk Management Agency

8. 14-0726 Louisiana Safety Association of Timbermen

9. 14-0741 Louisiana Commerce & Trade Association

10. 15-0011 Lafayette Parish Sheriff’s Office

11. 15-0023 Ace American Insurance Company

12. 15-0059 City of New Orleans

13. 15-0068 Christus – St. Patrick Hospital

14. 15-0111 Louisiana Workers’ Compensation Corporation

15. 15-0119 Louisiana Office of Risk Management

16. 15-0120 Louisiana Construction & Industry – SIF

17. 15-0123 Bridgefield Casualty Insurance Company

18. 15-0129 Touro Infirmary

19. 15-0135 Harrah’s Operating Company, Inc.

20. 15-0138 Bridgefield Casualty Insurance Company

21. 15-0150 New Hampshire Insurance Company

22. 15-0153 American Casualty of Reading, PA

23. 15-0197 Winn Dixie Louisiana, Inc.

24. 15-0200 American Interstate Insurance Company

25. 15-0203 Technology Insurance Company

26. 15-0215 Ace American Insurance Company

27. 15-0225 Louisiana Commerce & Trade Association

28. 15-0230 Louisiana Safety Association of Timbermen

29. 15-0259 None Documented

30. 15-0347 Louisiana Municipal Risk Management Agency

31. 15-0360 LUBA Casualty Insurance Company

32. 15-0383 Louisiana Municipal Risk Management Agency

33. 15-0420 None Documented

34. 15-0425 Louisiana Construction & Industry – SIF

35. 15-0455 Louisiana Home Builders Association – SIF

36. 15-0457 Louisiana Auto Dealers Association

37. 15-0470 Louisiana Construction & Industry – SIF

38. 15-0510 Louisiana Municipal Risk Management Agency

39. 15-0548 Louisiana Commerce & Trade Association

40. 15-0570 Plaquemine Parish School Board

41. 15-0614 Plaquemine Parish Government

42. 15-0642 Louisiana Home Builders Association – SIF

43. 15-0660 Lumbermens’ Underwriting Alliance

44. 15-0681 Plaquemine Parish Government

45. 15-0689 Zurich American Insurance Company

The Chairman moved to Item 5 on the agenda, being the recommendation to approve reimbursement of (308) partial payments beginning with Claim #82-0693 and ending with Claim #13-0256. Mr. Robinson asked for a motion to accept the recommendation and approve reimbursement of the partial payments as submitted on the agenda of December 10, 2015. The motion was made by Mr. Hawkland, seconded by Mr. Hansberry, and passed unanimously.

The Chairman moved to Item 6 on the agenda, being the recommendation to approve (85) quarterly payments due beginning with Claim #94-0503 and ending with Claim #14-0103. Ms. Mack moved to accept the recommendation of the Director and approve reimbursement of quarterly payments as submitted on the agenda of December 10, 2015. The motion was seconded by Mr. Hansberry and passed unanimously.

The Chairman moved to Item 7, Public Comment. No one from the public was present therefore, the Chairman moved to Item 8 on the agenda. Mr. Hawkland made a motion to go into Executive Session to discuss Second Injury Board litigation and settlements. Ms. Mack seconded the motion and it was passed unanimously.

Upon returning from Executive Session, Mr. Robinson moved to Item 8a of the agenda, settlement recommendations. The Chairman requested to amend the agenda to add Claim #12-0533. Mr. Hawkland made a motion to amend the agenda. Ms. Mack seconded the motion and it was passed unanimously. The Chairman stated that (20) claims are recommended by the Director for settlement authority, as discussed in Executive Session, and requested a motion to extend settlement authority to be reimbursed on quarterly basis for the following claims:

1. 92-0137

2. 92-0209

3. 04-0953 – Indemnity Only

4. 06-0727

5. 08-0384

6. 08-0903 – Indemnity Only

7. 09-0138

8. 11-0176

9. 11-0744

10. 11-0810

11. 12-0030

12. 12-0219

13. 12-0336

14. 12-0545 – Indemnity Only

15. 12-0664

16. 13-0123

17. 13-0953 – Indemnity Only

18. 14-0540 – Indemnity Only

19. 15-0014

20. 12-0533

Mr. Hawkland moved to accept the Director’s recommendation. The motion was seconded by Ms. Mack and passed unanimously.

The following (5) claims were recommended to be denied settlement authority and continue to be paid on an on-going basis:

1. 08-0156

2. 09-0683

3. 12-0851

4. 12-1041

5. 14-0042

Mr. Hansberry moved to accept the Director’s recommendation. The motion was seconded by Mr. Hawkland and passed unanimously.

The Chairman moved to Item 8b of the agenda, Second Injury Board litigation. The Chairman asked for a motion to grant authority to legal counsel, as discussed in Executive Session, to represent the Board in the following manner:

1. Employee: Ida Hill - Claim #07-0116 continued litigation

2. Employee: Anthony Richard – Claim #07-0212 settlement authority

3. Employee: Kenneth Clostio –Claim #10-0003 continued litigation

4. Employee: Barb A Bish – Claim #11-0362 settlement authority

5. Employee: Brandon Basco – Claim #11-0489 settlement authority

6. Employee: Stevie Benton – Claim #13-0405 continued litigation

7. Employee: Lance Smith – Claim #13-0910 settlement authority

8. Employee: Fred Stafford – Claim #13-0962 settlement authority

9. Employee: Mark Stephens – Claim #14-0549 settlement authority

Mr. Hawkland moved to accept the recommendation. The motion was seconded by Mr. Hansberry and passed unanimously.

There’s being no further business to discuss, the Director asked for a motion to adjourn. Mr. Hansberry made the motion. The motion was seconded by Ms. Mack and passed unanimously.

The meeting was adjourned at 2:44 p.m.

Recording Secretary: Shaneka Davis

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