2009 Office of Risk Management Annual Conference 2009 REGIONAL CONFERENCE GENERAL LIABILITY CLAIMS AMERICANS WITH DISABILITIES ACT FAMILY MEDICAL LEAVE ACT NEW LEGISLATION

2009 Office of Risk Management Annual Conference GENERAL LIABILITY CLAIMS Kathleen Gasser, Claims Manager

2009 Office of Risk Management Annual Conference GENERAL LIABILITY TEAMS  FRANK FORET, SUPERVISOR  TOM BLUFF  PENNY BUCHANAN  BARBARA BURNS  JIMMY MARTIN  BYNIE WELLS  DIANE WILLIAMS

2009 Office of Risk Management Annual Conference GENERAL LIABILITY TEAMS  PATRICIA BARRON, SUPERVISOR  GENEVA BLAKE  BERTHA MEISNER

2009 Office of Risk Management Annual Conference WHAT DO WE COVER?  THE STATE OF LOUISIANA PROVIDES INSURANCE COVERAGE FOR THIRD PARTY BODILY INJURY AND PROPERTY DAMAGE CLAIMS FOR WHICH THE AGENCY COULD BE HELD LEGALLY LIABLE.

2009 Office of Risk Management Annual Conference GENERAL LIABILITY CLAIMS  CLAIMS ALLEGING DAMAGES IN TORT DUE TO NEGLIGENCE BY THE STATE OF LOUISIANA, STATE EMPLOYEES AND/OR STATE AGENCIES.

2009 Office of Risk Management Annual Conference GENERAL LIABILITY NEW CLAIMS  GENERAL LIABILITY CLAIMS INCREASED IN 2007 DUE TO THE INFLUX OF HURRICANE KATRINA CLAIMS FILED PRIOR TO THE SPECIAL 2 YEAR DEADLINE.

2009 Office of Risk Management Annual Conference CIVIL RIGHTS NEW CLAIMS  CIVIL RIGHTS CLAIM COUNT INCREASED IN 2006 AND 2007 DUE THE NUMBER OF CLAIMS FILED AGAINST DEPARTMENT OF CORRECTIONS AFTER HURRICANE KATRINA.

2009 Office of Risk Management Annual Conference GENERAL LIABILITY CLOSED CLAIMS  CLOSED CLAIMS INCLUDE BOTH LITIGATED AND NON-LITIGATED CLAIMS.  THE INCREASE OF CLOSED CLAIMS SEEN IN 2007 IS GREATEST AT THE UNIVERSITIES FOR NON-LITIGATED CLAIMS.

2009 Office of Risk Management Annual Conference CIVIL RIGHTS CLOSED CLAIMS  IN 2006 WE CLOSED ALMOST 100 MORE LITIGATED CLAIMS AGAINST DEPARTMENT OF CORRECTIONS THAN IN 2007 AND  SEVERAL OF THE LAWSUITS HAD MULTIPLE PLAINTIFFS

2009 Office of Risk Management Annual Conference PENDING CLAIMS  GENERAL LIABILITY 1,239  CIVIL RIGHTS 764  TOTAL 2033

2009 Office of Risk Management Annual Conference  NEW CLAIMS: 797  CLOSED: 775  PENDING: 1,239  PAID: $4,949,  SETTLEMENTS: 94 PERFORMANCE OVERVIEW GL

2009 Office of Risk Management Annual Conference PERFORMANCE OVERVIEW CR  NEW CLAIMS: 210  CLOSED: 311  PENDING: 764  PAID: $1,902,  SETTLEMENTS 28

2009 Office of Risk Management Annual Conference CUSTOMER SERVICE  ONE ADJUSTER WILL HANDLE CGL CLAIMS FOR THE ENTIRE AGENCY IN ORDER TO PROVIDE MORE EFFECTIVE CUSTOMER SERVICE.

2009 Office of Risk Management Annual Conference REPORTING CGL CLAIMS  IN WRITING TO:  FRANK FORET, SUPERVISOR  PAT BARRON, SUPERVISOR  KATHLEEN GASSER, MANAGER  OFFICE OF RISK MANAGEMENT  P. O. BOX  BATON ROUGE, LA LA  IF LOSS IS SERIOUS IN NATURE, PLEASE TELEPHONE IT IN TO (225)

2009 Office of Risk Management Annual Conference PRESERVE EVIDENCE  TAG AND LABEL DAMAGED ITEMS WITH CLAIMANT’S NAME AND DATE OF LOSS.  DO NOT DISCARD ITEM.  PHOTOGRAPHS SHOULD LIST DATE OF LOSS, CLAIMANT NAME AND PHOTOGRAPHER’S NAME.  DIAGRAMS, MEASUREMENTS, AND MAPS ARE USEFUL.  WITNESS NAMES AND CONTACT INFORMATION SHOULD BE PROVIDED TO ORM.

2009 Office of Risk Management Annual Conference WHAT TO SAY TO THE CLAIMANT  YOU WILL REPORT THE INCIDENT TO YOUR INSURER, ORM.  DO NOT PROMISE THAT THE CLAIM WILL BE PAID.  DO NOT SEND ANYONE TO A DOCTOR OR PROMISE TO COVER MEDICAL BILLS.  COVERAGE OF THE CLAIM AND LIABILITY ISSUES ARE DETERMINED BY ORM.

2009 Office of Risk Management Annual Conference ADA AMENDMENTS OF 2008  BASIC FACTS TO HELP YOU THROUGH THE MAZE

2009 Office of Risk Management Annual Conference ADA AMENDMENTS ACT OF 2008  EFFECTIVE JANUARY 1, 2009  EXPANDS THE DEFINITION OF MAJOR LIFE ACTIVITIES

2009 Office of Risk Management Annual Conference ADA AMENDMENTS ACT OF 2008  REJECTS A STRICT INTERPRETATION OF THE DEFINITION OF DISABILITY  ADA TO PROVIDE BROAD COVERAGE

2009 Office of Risk Management Annual Conference ADA AMENDMENTS ACT OF 2008  MITIGATING MEASURES OTHER THAN ORDINARY EYEGLASSES OR CONTACT LENSES SHALL NOT BE CONSIDERED IN DETERMINING WHETHER AN INDIVIDUAL HAS A DISABILITY.

2009 Office of Risk Management Annual Conference ADA AMENDMENTS ACT OF 2008  STRIKES A BALANCE BETWEEN EMPLOYER AND EMPLOYEE INTERESTS

2009 Office of Risk Management Annual Conference ADA AMENDMENTS ACT OF 2008  PROHIBITS THE CONSIDERATION OF MITIGATING MEASURES SUCH AS MEDICATION, PROSTHETICS, AND ASSISTIVE TECHNOLOGY IN DETERMINING WHETHER AN INDIVIDUAL HAS A DISABILITY.

2009 Office of Risk Management Annual Conference ADA AMENDMENTS ACT OF 2008  COVERS PEOPLE WHO EXPERIENCE DISCRIMINATION  BASED ON A PERCEPTION OF IMPAIRMENT  REGARDLESS OF WHETHER THE INDIVIDUAL EXPERIENCES DISABILITY

2009 Office of Risk Management Annual Conference ADA FURTHER INFORMATION  NOTICE CONCERNING ADA AMENDMENTS ACT OF 2008 

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  EFFECTIVE JANUARY 16, 2009  IMPLEMENTS MILITARY FAMILY LEAVE  GUIDANCE ON QUALIFYING EXIGENCIES  EMPLOYER NOTICE REQUIREMENTS  FINAL RULES EFFECT ON ATTENDANCE  INTERMITTENT LEAVE  GUIDANCE ON CERTAIN SERIOUS HEALTH CONDITIONS

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  MILITARY FAMILY LEAVE PERMITS A SPOUSE, SON, DAUGHTER, PARENT, OR NEXT OF KIN.  26 WORKWEEKS OF LEAVE TO CARE FOR MEMBER OF ARMED FORCES.  INCLUDES NATIONAL GUARD OR RESERVES.

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  MILITARY CAREGIVER LEAVE PROVIDES 26 WEEKS WHEREAS FMLA ONLY ALLOWS 12 WEEKS FOR OTHER FMLA ENTITLEMENT.  NEXT OF KIN FOR MILITARY MEMBERS IS IN ADDITION TO THE FAMILY MEMBERS ALLOWED IN FMLA.

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  MILITARY QUALIFYING EXIGENCY LEAVE:  A NEW ENTITLEMENT FOR MILITARY ONLY  FOR FAMILIES OF NATIONAL GUARD OR RESERVES FOR EXIGENCIES

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  MILITARY EXIGENCIES ARE:  SHORT-NOTICE DEPLOYMENT  MILITARY EVENTS  CHILDCARE AND SCHOOL ACTIVITIES  FINANCIAL AND LEGAL ARRANGEMENTS  COUNSELING  REST AND RECUPERATION  POST-DEPLOYMENT ACTIVITIES  ADDITIONAL ACTIVITES NOT ENCOMPASSED ABOVE

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  LIGHT DUTY WORK DOES NOT COUNT AGAINST FMLA LEAVE ENTITLEMENT.  VOLUNTARY LIGHT DUTY ASSIGNMENT IS NOT FMLA LEAVE.

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  SERIOUS HEALTH CONDITION:  RETAINS THE 6 DEFINITIONS OF SERIOUS HEALTH CONDITION.  ADDS: 2 VISITS TO DOCTOR MUST OCCUR WITHIN 30 DAYS OF INCAPACITY AND FIRST VISIT SHOULD BE WITHIN 7 DAYS.

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  MORE THAN 3 CONSECUTIVE DAYS OF INCAPACITY WITH FIRST VISIT TO HEALTH CARE PROVIDER WITHIN FIRST 7 DAYS.  PERIODIC VISITS FOR CHRONIC SERIOUS HEALTH CONDITION ARE 2 VISITS PER YEAR.

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  FMLA LEAVE IS UNPAID.  ACCRUED SICK LEAVE IS TAKEN CONCURRENTLY WITH FMLA ACCORDING TO STATE POLICY.  FINAL RULE SAYS THAT ALL FORMS OF PAID LEAVE WILL BE TREATED THE SAME.

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  PERFECT ATTENDANCE AWARDS FINAL RULE SAYS THAT THE EMPLOYER MAY DENY A PERFECT ATTENDANCE AWARD TO EMPLOYEE BECAUSE OF TAKING FMLA AS LONG AS IT TREATS NON-FMLA LEAVE THE SAME WAY.

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  EMPLOYER NOTICE OBLIGATIONS:  POST A GENERAL NOTICE SUCH AS A POSTER, OR EMPLOYEE HANDBOOK INFORMATION  AN ELIGIBILITY NOTICE  A RIGHTS AND RESPONSIBILITY NOTICE  A DESIGNATION NOTICE  5 BUSINESS DAY TIMEFRAME

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  EMPLOYEE NOTICE:  FINAL RULE REQUIRES EMPLOYEE TO FOLLOW EMPLOYER’S USUAL AND CUSTOMARY CALL-IN PROCEDURES.  IT REMOVES ABILITY TO PROVIDE NOTICE AFTER THE FACT.

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  MEDICAL CERTIFICATION PROCESS  DIRECT SUPERVISOR MAY NOT CONTACT MEDICAL PROVIDER.  HUMAN RESOURCES, LEAVE ADMINISTRATOR, OR MANAGEMENT OFFICIAL MAY CONTACT MEDICAL PROVIDER REGARDING FMLA.  EMPLOYER MAY REQUEST NEW MEDICAL CERTIFICATION EACH LEAVE YEAR FOR MEDICAL CONDITIONS THAT LAST LONGER THAN ONE YEAR.  EMPLOYER MAY REQUEST RECERTIFICATION OF ONGOING CONDITION EVERY SIX MONTHS.

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  FITNESS FOR DUTY CERTIFICATION  CERTIFICATION MAY ADDRESS EMPLOYEE’S ABILITY TO PERFORM ESSENTIAL FUNCTIONS OF THE JOB.  FOR REASONABLE JOB SAFETY CONCERNS, A CERTIFICATION MAY BE REQUESTED TO RETURN TO WORK FOR INTERMITTENT LEAVE.

2009 Office of Risk Management Annual Conference FAMILY MEDICAL LEAVE ACT  FOR FURTHER INFORMATION: 

2009 Office of Risk Management Annual Conference 2008 LEGISLATION  ACT 214: IN A STATE OF EMERGENCY, NO PERSON WHO REFUSES TO EVACUATE DURING A FORCED EVACUATION SHALL HAVE A CAUSE OF ACTION FOR DAMAGES, DEATH, OR INJURY AGAINST THE STATE.  ACT 793: IN EMPLOYMENT DISCRIMINATIN ACTIONS THERE SHALL BE NO INTERRUPTION OF PRESCRIPTION RESULTING FROM A PLAINTIFF’S GIVING OR FAILING TO GIVE NOTICE AS REQUIRED IN R.S.23:303C.

2009 Office of Risk Management Annual Conference 2008 LEGISLATION  ACT 591: PROVIDES A LIMIT OF LIABILITY FOR AGRITOURISM ACTIVITIES.  ACT 219: PROVIDES FOR BESE TO DEVELOP GUIDELINGES FOR TRAINING OF PUBLIC SCHOOL TEACHERS IN SUICIDE TRAINING. LIABILITY IS LIMITED FOR LOSS OR DAMAGE UNLESS WILLFUL OR WANTON MISCONDUCT.  ACT 376: PROVIDES GUIDELINES FOR EDUCATION OF STUDENTS WITH EXCEPTIONALITIES.