IRMI Update—Issue #131

An E-mail Newsletter for Risk and Insurance Professionals
ISSN: 1530-7948
February 22, 2006

In This Issue

Message from the Editor

Colleague,

As we discussed in issues 128 and 129, TRIA was extended until the end of 2007 with some changes. The February issue of The Risk Report contains an extensive analysis of the changes implemented by the extension act and offers practical advice for managing terrorism risks and obtaining the best possible terms on terrorism coverage in the future. The article was written by James Macdonald, former chief underwriting officer for ACE USA, and I highly recommend reading Jim's analysis. If you subscribe to The Risk Report on IRMI Online, you will find it here.

If you subscribe to The Risk Report in SilverPlume Sage, you will find it here.

If you don't subscribe, learn more about The Risk Report here.

On another note, I am pleased to announce that IRMI will be conducting a new seminar series, "Residential Risk and Insurance 2006: Advanced Strategies for Developers and Contractors," this summer. Two recipients of the IRMI Words of Wisdom speakers' award, Mike O'Neill of ACIG and Jeff Masters of Cox, Castle, and Nicholson, will be presenting the program. Seminars will be held in Las Vegas, Dallas, and Orlando in April and May. Learn more about the agenda, speakers, and dates here.

Thank you for subscribing to IRMI Update.

Have a great day.

Jack

Jack P. Gibson, CPCU, CRIS, ARM
President
IRMI

Risk Tip

Avoid WC Supplements—One of the most debated subjects in workers compensation (WC) is employer supplements. Supplements involve the employer offsetting the reduction in pay an employee experiences when receiving WC benefits.

Waiting Period
Employees Loss of Earnings (???)

Employee is restored to Pre-Injury Wage

.6667 of Pre-Injury Wage (Tax Free)
Pre-Injury Wage $600 week (Taxed)
Comp Rate $400 week (Tax Free)
Employer Supplement $200 week (Taxed)
$135 week (Tax Free)
Employee Receives $535 week (Tax Free)
$750 week (Taxed)

The first gap that supplements are sometimes used to offset is the waiting period. This is usually the first 3 to 7 days that the employee is out of work. The waiting period is not paid until the employee has been out of work for a certain number of days. The main reason for a waiting period is to encourage the employee to rapidly return to work. If the employer pays the first week of benefits, this built-in encouragement is eliminated.

The basic function of WC benefits (as with most insurance) is to make the employee whole again. Most states require the WC insurer to pay 2/3 of the employee’s average weekly wage subject to a maximum. The benefits are paid tax-free. In the above example, the employee is receiving $600 per week as an average weekly wage. The WC weekly benefit rate is $400. The employer has decided to provide a supplement of $200 (taxed) per week to raise the employee's wages back to their pre-injury wage. The after-tax rate of the supplement is $135. When added to the WC weekly benefit rate, the employee is receiving $535 tax free. Converting the employees pay back to a taxed rate, the employee is now receiving the equivalent of $750 per week in taxable income.

Since the employee is now receiving a higher pay rate without having to work s/he has little or no motivation to return to work. I recommend the avoidance of providing WC supplements for this very reason.

By: James Moore, President
J&L Risk Mgmt. Consultants, Inc.
Raleigh, NC
jmoore@cutcompcosts.com
www.cutcompcosts.com

Suggest a Risk Tip. Send us a practical tip (less than 300 words) for identifying and managing risks, buying insurance, managing claims, or filling gaps in insurance coverages. Submit your tips. We'll acknowledge your contribution as we did for James.

New Expert Commentary

There are now 763 risk management and insurance articles on IRMI.com. Below you'll find summaries of some recent additions with links to the articles.

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Hours: 37.5/week Monday through Friday. Occasional exhibiting at a major conference and occasional trips for on-site demonstrations. Base + commission with benefits. Send resume and salary history to Paul.M2@IRMI.com.

New Captive Practices & Procedures Book Now Available

Author Kate Westover helps you understand the accepted practices and procedures that support a captive's ability to achieve its mission and purpose. You'll learn what it takes to establish a successful captive insurance company—one that sets the standard and withstands the test of time! See the table of contents and order here.

Your View—Avian Flu

In IRMI Update 130, Jack Gibson asked readers how we should handle pandemic risks, such as that posed by Avian Flu. Following are some of the responses received.

  • I believe that planning for an Avian Flu pandemic is a worthy of use of an organization's time; however, I would caution that a more comprehensive plan be established to address communicable disease outbreak, including Avian Flu. There are hundreds, if not thousands, of disease strains that have the potential to be debilitating on a global scale. Some have not become well adapted at human infection, others lack an ease of transmitability between people, and still others are currently rather innocuous but, with mutation, could become a serious concern.

    Whatever the disease, whatever the reason for outbreak, the time to establish your plan, to think about resources that might not be available, to lock in contingent contracts is now. And once you establish your plan, run an exercise (at least one) to test the plan. Your plan will be better because you did, and your people who will have to execute the plan won't be doing it for the first time during a real crisis.

    —Mark Taylor, Risk International Services, Sr. Risk Analyst, Charlotte, NC

  • When developing business continuity plans, I divide the project into a series of workshops. In one of those workshops, we discuss risk and recovery strategies. I break risk into three categories: loss of technology, loss of real estate, and loss of experienced staff. We then discuss recovery strategies that deal with these three risks individually and in combination. Under loss of experienced staff, I use Avian Flu as an example of how you can lose large quantities of staff without losing real estate or technology. Other examples include a severe snowstorm, labor action, chemical/bio hazard whether by terrorist or accident, etc.

    The point I stress is "How you lose your staff almost doesn't matter." What matters is the simple fact that they're not available, and you have to have contingency plans to work around that loss. Strategies include: work from home, work from dispersed smaller location (branches), curtail unnecessary work (prioritize), have strong documentation available for replacement workers, and cross-train for task coverage. The reason for the loss is important when developing mitigation strategies, not when developing recovery strategies. Once the loss has been suffered, you have to deal with its impact.

    —Raymond Cross, Auto Club Group, Business Recovery Analyst, Dearborn, MI

  • The idea of providing the flu shot to employees of this school system of 11,000 employees and 90,000 students is doable, unfortunately it will not happen due to something that we have no control over: a supply problem! It seems that just like oil products, we are hostage to offshore producers with few options to establish a timely vaccine of adequate quantity. So, do we allow the foot draggers in public office to force the nation to just accept the economic impact and significant loss of life?

    —Steven Henderson, PCSB

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