WorkCompCollege – Workers' Compensation Certifications

Blog

  • The Difference Between Workers’ Compensation and Workers’ Recovery

    We’ve all heard leaders from within workers’ compensation advocate that our industry should be re-labeled to appropriately address the outcome for anyone hurt on the job: recovery, not compensation. And, while words matter, it’s more than that. Workers’ recovery is about recognizing that return to work is part of the recovery process and, therefore, an important goal of an ideal system. It’s about eliminating delays and complexities of our systems, making it easier for workers to choose to return to work, for employers to offer return to work, and for medical providers to both approve and support return to work.

    But it’s even more than that…

    I recall a quote from another workers’ comp expert who said, “at industry conferences, seminars, and webinars during the last few years, there has been increasing talk about a more compassionate, worker-centric approach for treating injured workers, but there seems to be little movement.” I disagree. The statement fails to acknowledge those who have or are doing it, even if in the minority. 

    Although many insurers and systems don’t yet understand what it means to be “worker-centric” or “customer-centric” (employers have important roles here, too), there are those that have successfully implemented such a model. For example, despite the challenges unique to an exclusive State Fund, we did it in Washington State, and the Saskatchewan Workers’ Compensation Board is currently working toward a culture of work disability prevention and mitigation – including a worker- or customer-centric approach. I would argue that this shift may be even easier for private insurers and third-party administrators who can decide who their customers may be, along with individual employers who have control of their work environments.  

    “Worker-centric” recognizes that the easiest path to return to work is by engaging the worker who ultimately chooses to return to work. We all want control of our lives, yet many workers’ comp systems try to force return to work on the worker, rather than collaborating with them, and ultimately with their employer and medical provider, to achieve return to work. Using motivational interviewing techniques, identifying the worker’s goals and barriers, and nudging them through goal setting and goal attainment is the most efficient and effective path to return to work. This is to the benefit of everyone involved: workers, employers, systems, families, and communities.

    After more than 50 years in workers’ comp, I’ve become a true believer that a worker-centric model to prevent and mitigate work disability is just what this industry needs to rebrand itself and “change the narrative” as many would say. If the system is truly about “recovery” not “compensation” then the easiest path is through the worker. We will all be better for it.

  • In Managing Workers’ Comp, Emotions Are Best Left Out of the Decision Process

    At the NWCDN Annual Conference in Nashville last week, a presenter shared a personal story about how their emotions once got the best of them when handling a particular claim. The speaker, whom I will not identify here, told the attendees about a claim that landed on their desk early in their career. In the course of the investigation, they learned the injured worker was, in their words, “A really bad man.” And what they meant by that was he was a convicted sexual predator who had done some pretty heinous things in his life.

    For our claims professional it became personal, and they resolved that this evil person would never see a dime out of this particular insurance company. There was no way they would reward such a terrible person with any compensation for this injury. They dug in their heels and fought the claim.

    Except, as you may expect, the courts did not see it that way. The work injury was unrelated to his status as a predator. To compound things, the odds of this guy working anywhere else were absolutely zero. It seems that sexual predators are not in high demand in the workforce. For this claims professional it was a very expensive lesson about letting your personal emotions be involved in your decision-making process.

    While it was an extreme example, it struck at the core of a real challenge for workers’ compensation professionals. We are all human, with thoughts and opinions that can be influenced by our experiences. Add to that the fact that the nature of our business does not lend itself to joyous frivolity, and you have a potential recipe for problems on the job. Stubborn employers, angry and confused injured workers, and long days with endless friction can create a stew of negativity, which creates risks regarding the decisions we make.

    And those decisions can be costly, especially if they are influenced by elements other than the pertinent facts of the case.

    It can be a challenge to help someone you genuinely do not like. It can be difficult to go the extra mile for a person who consistently fails to appreciate your efforts. In those difficult situations, we must learn to separate ourselves from our emotions and concentrate on the pertinent points of a case. It is the ability to act in that manner that makes us professionals, rather than simply someone with a job to do.

    It is increasingly obvious that improving communications in workers’ comp could go a long way to alleviating some of the more challenging emotional issues we see. Injured workers who have a better understanding of the process would experience (and cause) fewer frustrations during the course of their claim. Employers who understand the importance of compassion and communication could also alleviate much of the negativity that ultimately challenges today’s claims professionals. The more we understand and educate the minds of the people we are serving, the easier our jobs will ultimately be.

    Until that time, however, your emotions may be best checked at the door. They may get you in trouble, and in the end that can only make things worse. 

    I know personally, that when my emotions get the better of me, it really pisses me off.

  • Balancing Children at School and Parents at Work

    A School Calendar

    There are many different life situations facing parents. One of the most rewarding and challenging is the balancing act of raising children while meeting work responsibilities.  One fundamental obligation of a parent is to make sure that their children obtain the necessary education to be successful in life.  Children who are engaged and supported at school usually become successful adults.  Many times, employers ignorantly create work situations which do not support this fundamental parental obligation. 

    In the last few years, with the advent of homeschooling, the Covid pandemic has significantly impacted the parenting process and created problems with presenteeism.  For many, balancing the parental educational obligations while working from home has been particularly difficult. As more children return to in-person schooling, the parental obligations will change and evolve.

    If your company wants to recruit and retain the best and brightest employees, it must have specific programs in place which are designed to help the parents meet their parenting challenges.

    Presenteeism is a productivity issue that is caused by workers who are distracted or physically unwell. Presenteeism is the lost productivity that occurs when employees are not fully focused and performing their work activities because of childcare, schooling issues, family concerns (aging parents), illness or injury.  Employees who are experiencing presenteeism are, by definition, trying to give their best efforts but are physically or mentally unable to do so. Although not tracked like absenteeism, the costs of presenteeism have been estimated to be larger in real terms as employees suffering from longer-term conditions see persistent drops in productivity.

    Concern over the wellbeing of a child can directly impact the presenteeism of a parent.  Employers who adopted programs specifically to address “school” presenteeism by providing flexible work hours and encouraging the involvement of the parent in their child’s education and school activities are more likely to be able to recruit and maintain a productive workforce.

    There are specific activities and programs which employers can implement to maximize presenteeism involving the balance between a children’s school and a parents work.

    • The employer and the parent should be aware of “The School calendar” and the associated parental obligations which are required for each event.
    • The employer should encourage and celebrate the parent’s participation in the school-based activities (field trips, Halloween parades, birthday parties etc.)
    • The employer should not engage in activities which significantly increase the costs for the parents. One example is that some after-school child care facilities have a five dollar per minute charge for late pick up.
    • Under no circumstances should meetings or other work responsibilities impair the ability for a parent to safely drop off or pick up a child from the school or childcare facility. 
    • Single parents or grandparents who are responsible for school age children may have unique needs.
    • The employer or supervisor should be aware of any special childcare responsibilities that the employee may have.
    • Many school administrators do what they can to accommodate parents’ needs and schedules. They can be an important part of the team. Check with them to help determine participation and scheduling.
    • Parents should inform the employer of their schooling responsibilities and obligations. This will allow the employer to better facilitate and allow accommodation.
    • When a child is sick or there is an emergency, the employer should work with the employee to make sure that the employee can promptly attend to the situation without remorse or experiencing retribution.
    • Empowered employees will not have problems with meeting their schooling responsibilities.
    • Encourage the use of EAP programs if there are issues which are overwhelming the employees.
    • Internal company financial incentives and production goals should be aligned to avoid inadvertent pressure for parents not to meet their schooling obligations.  Misaligned incentives result in the company stating it supports parents but front line supervisors do not.

    A typical School Calendar

    First day of school

    Labor day

    Back to school night

    Field trips

    Halloween

    Medical emergencies

    Home sick

    “Snow” days

    Birthday parties

    Homework

    After school activities

    Pick up child on time

    Thanksgiving break

    Winter concert / talent show

    Holiday party and break

    Martin Luther King weekend

    President’s holiday and ski week

    Valentines day

    Parent teacher conference

    Spring break

    Testing

    Open House

    Regularly scheduled medical visits (eye, dental, etc.)

    Team sports (gymnastics, soccer, baseball, football, etc.)

    Memorial Day

    Summer break

    Great employers will have better presenteeism and greater employee retention if they understand and support the education of their employees’ children.  Front line supervisors should be aware of the local school calendars. They should help work with the employees’ schedules and obligations to facilitate an engaged and productive workforce.

  • We Suppose An Explanation is In Order…

    By Vickie Kennedy

    For those of you who don’t know me, you’re probably asking yourself how “Missives from the Queen” have anything to do with workers’ compensation? While the catchy title may have gotten your attention (as hoped!), there really is more to it than that.

    As history, when I was in my early teens, I learned that I share my birthday with Queen Victoria. Interestingly, the family story (perhaps a myth) is that my mother had no idea of this when she landed on the name. Either way, lucky for me that she prevailed in the naming…another story is that my father wanted to name me after a state…Oklahoma, I believe. The potential nicknames for that one are endless…but, as Bob Wilson would say, I digress…!

    Over time, the nickname “Queen” started to stick, perhaps because I started my workers’ compensation journey at the age of 18 (Queen Victoria was crowned at 18).  Or maybe because we share certain characteristics. The Queen has been described as “warm-hearted, lively, and occasionally a bit naughty”. I think at least one of those might describe me…

    But the reference to “Queen” is more likely a polite reaction to the years I’ve committed to this industry. While referring to me as “Queen Victoria” started around the time I completed my 30th year, perhaps I finally earned the title when I achieved (survived?) more than 50 years of hard knocks, lessons learned, and a few successes in helping workers and employers achieve the best possible outcomes after an on-the-job injury or occupational disease. Having recently retired from my work in the Washington State system, my career goal now is to coach and advise others on ways to ensure the culture of their organization supports workers’ health and vocational recovery, hopefully exiting their system with the gold standard outcome: return to work.

    I hope you read my missives with this perspective in mind: how can you use lessons and messages from my 50 years to better focus your work, your policies, and tasks on supporting workers to make the decision to return to work, employers to offer return to work, and medical providers to approve the return to work? And consider this quote from (the original) Queen Victoria: “We will not have failure – only success and new learning”!

  • WorkCompCollege.com Announces Appointment of School Deans

    Austin, TX (August 9, 2022) – WorkCompCollege.com has released the list of Deans who are leading the development of the school’s Workers’ Recovery Professional Certification. Seven Schools of Discipline each have two highly qualified professionals dedicating their time and skill toward creating this comprehensive education program. One, the School of Regulatory/Legislative, has been assigned three Deans due to topic complexity.

    Mark Pew, who is serving as Provost for this community driven effort, said, “our selection of Deans was focused on highly experienced and credible professionals with diverse perspectives, a strategic mindset and a pay-it-forward passion; each Dean clearly fits within that model.” The Deans primary function will be to coordinate curriculum and lesson development with the faculty within their respective school of discipline.

    The appointed school Deans are:

    School of Medical Management
    Dr. Elizabeth Frenzel, MD, MPH, FACOEM – Occupational Medicine Physician, Former Director of Employee Health & Well-being, MD Anderson Cancer Center
    Dr. Les Kertay, Ph.D., ABPP, FIAIME – Senior VP for Behavioral Health, Axiom Medical

    School of Risk Management
    Bill Zachry – Board Member, California State Fund
    James Curbeam, CPCU, ARM, AIC – Director of Risk Management, Las Vegas Valley Water District

    School of Claims
    Beth Goede     – Director of Strategy and Optimization, The Hartford
    Julie Bandy – Casualty Claims Manager, CBCS, Inc.

    School of Stakeholders
    Patti Colwell – Manager of Workers’ Compensation, Southwest Airlines
    Dr. Tyrone Spears, WCCP, ARM, IPMA-SCP – Division Chief, City of Los Angeles

    School of Humanities
    Dawn Hays, CPCU, SCLA, AIC – Workers Compensation Claims Supervisor, UFG Insurance
    Melissa Steger – Associate Director of Workers’ Compensation and Unemployment Insurance, The University of Texas System

    School of Legal
    Stuart Colburn – Shareholder/Attorney, Downs & Stanford
    Ya’sheaka Williams, Esq. – Partner, Quintairos, Prieto, Wood, & Boyer, P.A.

    School of Regulatory/Legislative
    Abbie Hudgens – Administrator, Tennessee Bureau of Workers’ Compensation
    Albert Betts, Jr.  – Executive Director, Insurance Council of Texas
    Paul Sighinolfi – Former Chairman of Maine WCC, Senior Managing Director, Ametros

    School of Return to Work
    Ryan Guppy, CDMS – Director of Work Disability Prevention, Linea Solutions, Inc.
    Dr. Ilana Lehman – Vocational Services Specialist & Education Specialist, Washington State Labor and Industries

    WorkCompCollege.com is a service of Workers’ Compensation Educational Services, LLC, based out of Austin, TX. It was founded by Robert Wilson, Mark Pew and Donald A. Abrams. The Workers’ Recovery Professional (WRP) Certification is intended to provide a well-balanced education in “Whole Person Recovery Management” that incorporates technical skills alongside the bio-psychosocial components necessary to reduce friction and improve outcomes for all stakeholders. The initial educational program is scheduled to be released later this fall.

    People interested in more information or pre-registering for the certification program may visit https://www.workcompcollege.com/.

  • WorkCompCollege.com Announces Board of Trustees To Provide “Whole Person Recovery Management” Training for Workers’ Comp Professionals

    Atlanta, GA (May 25, 2022) – A Board of Trustees has been established for the soon to be launched WorkCompCollege.com. The board’s function is to act in an advisory capacity to the company’s founders and help establish a broad and deep curriculum for the training of professionals within the workers’ compensation space. In addition to technical skills, WorkCompCollege.com will emphasize training in critical “soft skills” of whole person recovery management on a virtual, on-demand technology platform. Core curriculum will include courses in the claims, stakeholders, legal, regulatory/legislative, clinical, Return to Work, and humanities departments. Graduates of the national program will receive a Workers’ Recovery Professional, or WRP, certification.

    WorkCompCollege.com, LLC is the result of a partnership between Robert Wilson of Bradenton, FL, Mark Pew of Peachtree Corners, GA, and Donald A. Abrams of Austin, TX. Wilson will serve as President of the organization. Abrams will function as the Chief Financial Officer and Pew will be the school’s Provost.

    Both Wilson and Pew credit Abrams with the original idea. Pew says, “Don has been very concerned with the wave of retirement hitting the workers’ compensation industry, along with our current challenges in finding new talent to replace those who are leaving. He wanted to establish a new training system that would meet the needs of a new generation of work comp professionals and injured workers.” Collectively the group felt an education system that focuses on understanding the whole person to achieve optimum clinical and financial outcomes was needed by both newcomers and existing professionals in the industry.

    Abrams’ concept dovetailed nicely with the focus of both Pew and Wilson, with Pew being a founder of The Transitions in 2020 and Wilson having advocated for a workers’ recovery philosophy for over a decade.

    Members of the Board of Trustees were selected based on a diverse criterion and have expertise and experience within their respective positions in the industry. Wilson says of the group, “These folks are highly motivated and recognize the importance of the mission before them. WorkCompCollege is intended to be a community driven project, and the early support we are seeing from the board is tremendous.”

    For more information, please visit https://workcompcollege.com, or contact WorkCompCollege at admin@workcompcollege.com.

    The Board of Trustees is comprised of the following members.

    Abbie Hudgens

    Abbie Hudgens is the Administrator of the State of Tennessee Bureau of Workers’ Compensation and was previously the risk manager for Nashville/Davidson County and risk/ benefits manager for Knoxville. She has been the national president of the International Association of Industrial Accident Boards and Commissions (IAIABC), Southern Association of Workers’ Compensation Administrators (SAWCA), and Public Risk Management Association (PRIMA). She was also president of the Knoxville Risk Management Society, a member of the Tennessee Advisory Council on Workers’ Compensation, and chairman of the Board of HC 21, an East Tennessee employer led healthcare coalition. Ms. Hudgens was awarded the IAIABC Frances Perkins Award for Innovation and Progressive Leadership in Workers’ Compensation and Social Security in 2015 and WorkCompCentral’s Comp Laude Award for Industry Leadership in 2017. As she has long advocated that those in workers’ compensation should “believe in better,” she is excited about this new approach for workers’ compensation professionals to both increase their knowledge and contribute to the improvement of the U.S. workers’ compensation system.

    Albert Betts, Jr.

    Albert Betts is the executive director of the Insurance Council of Texas in Austin. Prior to joining ICT, he was a partner at the law firm of Thompson Coe Cousins and Irons, LLP, practicing in the firm’s Insurance law and Governmental and Legislative Advocacy Group. While there he served as general counsel for ICT and represented other insurance related clients at the Texas Department of Insurance and the Texas legislature. In 2005, he was appointed by then Texas Governor Rick Perry as the first Commissioner of Workers’ Compensation for the State of Texas, and reappointed in 2007. He served as Commissioner from 2005 through 2008. Prior to being appointed Commissioner, he served as Chief of Staff for the Texas Department of Insurance.

    Dawn Hays, CPCU, SCLA, AIC

    Dawn Hays is the Supervisor of Workers Compensation Claims for UFG Insurance in Cedar Rapids, Iowa. She has over 25 years of claims management experience, and a Bachelor of Liberal Studies degree in Organizational Leadership from the University of Iowa. Currently, her leadership is focused on an initiative to evolve claims handling from a transactional process to a holistic service driven relationship between employees, employers and medical teams. She has participated in numerous conference presentations across the nation for the last 15 years, providing empowerment through education to various stakeholders in the workers compensation relationship. Some of the most rewarding opportunities of outreach have been through association with the Vaughan Institute at the University of Iowa Tippie College of Business and Gamma Iota Sigma, the only international business fraternity with a mission to spark interest for students in insurance, risk management, and actuarial science industries; the Heartland Center for Occupational Health and Safety at the University of Iowa College of Public Health; and the Pomerantz Career Center’s Career Leadership Academy. Upon conferment of the Charter Property and Casualty Underwriter designation, Dawn made a commitment to uphold the canons to continually maintain and improve her professional knowledge, to improve the function of the insurance mechanism, to raise the professional and ethical standards of the industry as well as elevate the profession of workers compensation claims to one known for wellness driven outcomes.

    Julie Bandy

    Julie Bandy is a Claims Manager with CBCS in Dubuque, IA. Julie has been a part of the insurance industry for the last 26 years. Beginning her career in the health field, she moved her focus to workers’ compensation 18 years ago. During that time, she has developed extensive knowledge in the trucking and manufacturing industries. Three years ago, Julie stepped into the Claims Manager role where she focuses on the operations of the workers’ compensation department. She leads the department in developing efficiencies for the adjuster and supervisor teams in regards to compliance, vendor relationships, and the customer experience. During Julie’s career she has earned the AIC, AINS and AIC-M designations. In addition to her industry education, she also holds a degree in Psychology from Loras College in Dubuque, IA.

    Melissa Steger

    Melissa Steger is the Associate Director of Workers’ Compensation and Unemployment Insurance for The University of Texas System (the UT System). Melissa is responsible for administering the self-insured workers’ compensation program for academic and health institutions of the UT System. The program includes a certified workers’ compensation health care network and claims handling through a third-party administrator with close oversight by the UT System. She is also responsible for administration of the self-insured unemployment compensation insurance fund. Melissa has extensive experience with the public, private and regulatory sectors of the workers’ compensation insurance industry. Melissa earned her Bachelor of Science degree in Interdisciplinary Studies in 1993 and her Master of Public Administration in 2003. She holds a Certified Risk Manager (CRM) designation from the National Alliance for Insurance Education and Research. Melissa is the 2021-2022 President of National PRIMA and served two terms on the Texas PRIMA board of directors. She received the 2016 Texas PRIMA Risk Professional of the Year award, the Servant Heart Award in 2019, and the 2020 Chapter Service Award.

    Patti Colwell

    Patti Colwell is the Manager of Workers’ Compensation for Southwest Airlines. In her role, Patti is responsible for the on-the-job injury care of the company’s more than 59,000 employees. Patti brings over 30 years of experience with Southwest Airlines and 22 years of workers’ compensation industry experience to her current position. Her responsibilities are as unique and varied as the employees and company for whom she serves. She is continually challenged to develop and implement innovative and cost-effective strategies, including both pre-loss and post-loss initiatives. This requires that she understand the job demands associated with each position within the airline and communicates effectively with management and employees throughout the organization. It also entails forming strong relationships with brokers, insurance carriers, third party administrators, and other service providers who work diligently on the company’s behalf. Patti knows the value of strong partnerships and her management style in dealing these outside resources is frequently credited with much of the program’s success. In 2015, Southwest Airlines was awarded the National Underwriter’s Excellence in Workers’ Compensation Risk Management Award and also nominated for the Comp Laude Employer Award. In 2016, Patti was a Comp Laude Honor Roll Recipient.

    Ryan Guppy

    Ryan Guppy is the Director of Work Disability Prevention at Linea Solutions and Principal Partner with Vocational Recovery Partners, LLC. His experience spans two decades in workers’ compensation specializing in work disability prevention and mitigation, vocational rehabilitation and return-to-work, interdisciplinary chronic pain management, psychosocial interventions, and leadership. Most recently, Ryan led the design, implementation, and management of innovative evidence-based work disability prevention and mitigation interventions for a large state fund that produced historically positive human and financial outcomes. He is a Certified Disability Management Specialist (CDMS) who currently sits on the IAIABC’s Work Disability Prevention and Return to Work committee and was the past President of the International Association of Rehabilitation Professionals –Washington Chapter. In 2017 he received the Washington Governor’s Leadership in Management Award.

    Stuart Colburn

    Stuart Colburn is a shareholder of Downs & Stanford. He is board certified in workers’ compensation law by the Texas Board of Legal Specialization. Stuart was the founder and first Chair of the State Bar of Texas Workers’ Compensation Section. He co-authors the Texas Workers’ Compensation Handbook published by LexisNexis and serves on the executive committee of the LexisNexis Advisory Board for Larson’s on Workers’ Compensation. Stuart served as a contributing editor for the Texas Insurance Code Annotated and was a contributor for The Complete Guide to Medicare Secondary Payer Compliance. Stuart is active in the education of attorneys, adjusters, and employers regarding workers’ compensation. He is certified by the Texas Department of Insurance as a continuing education provider. A sought-after speaker, Stuart has delivered over a thousand speeches nationwide regarding workers’ compensation. He has served as the course director for numerous programs including the Texas State Bar’s Advanced Workers’ Compensation Seminar and Texas Workers’ Compensation Forum. The Texas Bar CLE Staff awarded Stuart the “Standing Ovation Award” recognizing his efforts, commitment, and leadership. He received the Comp Laude Award by Workcompcentral.com for his contributions as a defense attorney. Stuart has served on the Texas State Bar Committee for MCLE and will serve as the Chair of the MCL Committee for the State Bar of Texas in 2022.

    Ya’sheaka Williams, Esq.

    Ya’Sheaka Williams is a lawyer with 18 years’ experience, a Board Certified attorney in Workers’ Compensation by the Florida Bar and a Martindale Hubbell Preeminent AV rated attorney. She is a Partner at Quintairos, Prieto, Wood, & Boyer, P.A. based in Tampa FL. She is skilled in trial advocacy, risk assessment and avoidance, management of legal team including attorneys and staff, legal budgeting, and with extensive experience in settlement negotiations and claim resolution. She is a Certified Workers Compensation Instructor, with certification provided through the Florida Department of Financial Services. She has prepared training materials and presentations for lectures on various Workers Compensation topics. She received her Juris Doctor from Stetson University College of Law, Gulfport, Florida in 2003 and a Bachelor of Arts from Brenau University Women’s College, Gainesville, Georgia in 2000, graduating with majors in conflict resolution and pre-law. Florida Super Lawyers magazine named her a Rising Star in the areas of Insurance Coverage and Workers Compensation respectively. She received the Comp Laude award for Defense Attorney in November 2021. Bloom awarded her with the Women Leading the Way in Workers’ Compensation Award and the Exceptional Defense Attorney Award.

    About the Founders:

    Robert Wilson

    Bob Wilson is a founding partner, President & CEO of WorkersCompensation.com. He is an experienced presenter for the workers’ compensation industry and is the author of “From Bob’s Cluttered Desk”, a blog repeatedly named as a top workers’ compensation blog by LexisNexis. Additionally, he has been named one of the “50 Most Influential People in Workers’ Comp” by the SEAK National Workers’ Compensation and Occupational Medicine Conference and is the recipient of a Comp Laude Industry Leader Award. Known for an extraordinary sense of humor, his industry presentations reflect both entertaining and practical advice for both people managing claims as well as the people “picking up the tab”. Bob serves on the Board of Directors for Kids’ Chance of America, Inc. and is a founding board member and past-president of Kids Chance of Florida, Inc.

    Mark Pew

    Mark Pew is an award-winning international speaker, blogger, author, jurisdictional advisor and thought leader. After more than two decades of experience in work comp, he launched The RxProfessor LLC consulting firm in August 2021. Mark has focused on the intersection of chronic pain and appropriate treatment since 2003 with an emphasis on the BioPsychoSocialSpiritual treatment model. He is a prolific educator, having presented wide-ranging content more than 650 times to over 64,000 people in 42 states, DC and internationally since 2012. Mark received the WorkCompCentral Magna Comp Laude award in 2016, IAIABC’s Samuel Gompers Award in 2017 and was named “Top 100 Healthcare Leader” by IFAH in 2021. His blog was recognized in 2016, 2017 and 2018 as a WorkersCompensation.com “Best Blog.” He is the driving force and co-founder of The Transitions and is on the Advisory Boards of Simple Therapy, Harvard MedTech and Goldfinch Health.

    Donald A. Abrams, PA

    Donald A. Abrams, PA is a 1977 graduate of the Albany Medical College Physician Assistant program, specializing in and actively practicing orthopedic surgery for more than 15 years. Overseeing several exceptionally successful start-ups, Mr. Abrams has established himself as a leader in cost containment strategies for the workers compensation professional. Now celebrating his tenth year with Clinical Compensation Consultants, Mr. Abrams has participated and spoken at hundreds of local, regional and national educational conferences on a multipole of topics germane to the workers comp professional. Additionally, Mr. Abrams has presented a number of webinar-based lectures endorsed for continuing education credits by the Texas Department of insurance. Described as an excellent and passionate speaker, Mr. Abrams continues to strive to deliver each of the workers’ compensation professional he is honored to provide services to the level of expertise that best serves all participants in the workers’ compensation system.

  • Putting Humpty Together Again

    Workers’ Compensation, as an industry, has a marketing problem. It is probably better described as a messaging problem. It has long been true that the industry has been broadly defined by the negative stories that find their way into local and national press publications and media outlets. We have been generally ineffective at countering that public perception, even though the vast majority of workers’ compensation claims go through the system as intended, with generally positive outcomes on the other end. 

    And in the throws of an aging industry in the middle of a “great resignation,” desperate for new and motivated talent, changing the public perception of the industry is more critical than ever before.

    The venerable children’s rhyme, “Humpty Dumpty”, which dates back at least to the 18th century, can provide a good example of how our message has been skewed, and how we can correct it for the future.

    The rhyme, as many of you will recall, goes like this:

    Humpty Dumpty sat on a wall,
    Humpty Dumpty had a great fall.
    All the king’s horses and all the king’s men,
    Couldn’t put Humpty together again.

    If Humpty was on the job when that accident occurred, and the media got ahold of that story, the rhyme would likely have been presented this way:

    Humpty Dumpty sat on a wall,
    Humpty Dumpty had a great fall.
    The workers’ comp people laughed as he cried,
    And they left him to rot ‘cause his claim was denied.

    Remember, in the media “if it bleeds it leads,” and negative news always travels further. No one will ever call a reporter to tell them how helpful you were, or that you did a great job helping them recover.

    This is not to suggest that we should discount or ignore negative stories that reflect badly on the industry. It is true that some of those tales are taken out of context, but many of them represent real problems and shortcomings within the industry. And negative stories generated by bad actors affect us all. 

    So, what do we do to change the storyline about workers’ comp? To start, we must change the way we sometimes respond to negative events. We must be the first to ferret out and condemn bad actors and poor behavior. And sometimes, just sometimes, we need to stop hiding behind the statutes. When a story is on the front pages about a horrific injury incurred by some worker, the comment that we “followed statutory guidelines” just doesn’t help the narrative; especially when, with a different approach, we could have done more.

    But most importantly, we need to change the way we perceive our industry, as well as the way we present ourselves to the world. Today many would tell you workers’ comp is a boring, stodgy, heavily regulated insurance industry that “manages claims” and pushes paper. While the process elements of that view are technically accurate, it fails to capture the true and noble purpose of workers’ comp. And that purpose is this:

    When we do things properly, we help people in need recover all or much of what they’ve lost. Workers’ compensation, when we get things right, is an industry that restores shattered and broken lives. 

    That is the message you tell the reporter who is working on a story. 

    That is the message you tell the Gen Z student deciding on a career. 

    That is the message you tell your kids when you are done with work for the day.

    There are active efforts underway to improve our processes. My recent foray into a new career with the establishment of WorkCompCollege.com has greatly reaffirmed this in my mind. The Workers’ Recovery Professional Certification we are developing has received a massively enthusiastic response from the industry, and we are hearing from dozens of people who genuinely want to help build that better system. We have the talent, skillset, and motivation within ourselves to address any shortcomings and leverage our strengths. We just need to build a better mousetrap, and not be afraid to tell the world about it.

    We can fix what is wrong and change the narrative surrounding our industry. We can highlight the positive outcomes we achieve. And more importantly, we can attract new talent that wants to make a difference in the world and provide them with a world where they can make that difference. 

    And it starts with you. When your child or new acquaintance questions what we do in workers’ comp, simply look them in the eyes and tell them, “We put Humpty back together again.”

  • From the Regulators Toolbox: The Carrot or the Stick?

    Every craftsman needs the proper tools with which to complete their tasks. Each tool has a different scope and purpose, intended to perform a function within the overall mission at hand. Knowing what tool to use and when to use it is as much a part of a master’s skillset as the use of the tool itself. Selecting the wrong tool at the wrong time often slows the project and damages the result.

    Two of the tools available in a workers’ compensation regulator’s toolbox are the carrot and the stick. And the knowledge of when to use either would be another tool in their quiver.

    The “carrot and the stick” allegory dates to the industrial revolution. It relates to the approach of motivation and is based on the principles of reinforcement.  It is originally credited to philosopher Jeremy Bentham, who described the theory via the story of an old donkey. The best way to move the donkey was to put a carrot in front of him and jab him with a stick from behind. The carrot was a reward for moving while the stick was the punishment for not moving fast enough or in the direction his master intended.

    A number of years ago at my former company we had an inquiry from a large customer who was a subscriber to a regulatory compliance product we provided. They described a unique situation for managing claims in one state for which the statutory and regulatory guidelines weren’t particularly clear. They asked if we could provide guidance to confirm they were managing the situation properly.

    Now, we weren’t attorneys and never provided legal advice. However, questions like this were not uncommon, and we would try to research the issue and get to the right sources in support of our customers. In this case, it meant emailing the specific question to the state workers’ compensation regulatory agency. We did not name the insurance company and made it clear they were simply looking to ensure they were acting within the state’s requirements. It would be a number of days before we received any response.

    And when that response finally arrived, it was not what we anticipated. Our inquiry had been referred to the agency’s Special Investigations Unit, and the terse reply was simply one line.

    “Tell us the name of the carrier that asked that question.”

    We declined to do so, and the increasingly heated email exchange that followed over the next few days did nothing to clear the air. The agency insisted we must disclose their identity. Our position was that there was nothing relevant to disclose. We simply asked a question on behalf of a company that was trying to do the right thing.

    Ultimately, the agency never learned the name of the company, but the more important point was we never actually got an answer. This particular regulatory body, at this single point in time, had selected a stick when a carrot would have been the better choice. Their focus was on punishing potential errors rather than encouraging positive direction. It was entirely the wrong tool selection, and no one was better as a result.

    That is not to imply that the stick doesn’t have a legitimate spot in the toolbox. In 2018, I delivered the keynote address at the 47th Annual Conference of the Washington Self Insurance Association (WSIA). Immediately after my presentation, Joel Sacks, Director of Washington’s Department of Labor and Industry, addressed the conference. As I wrote at the time, Sacks reviewed his agency’s progress toward five goals that were established 6 years prior at the beginning of his term as Director. 

    My blog post at the time said:

    One of Sack’s objectives was to improve the working relationship with the business community his agency serves and oversees. To that end, they have made efforts to achieve better compliance by partnering with business to improve education and communication. The belief has been that many employers will do the right thing if they are aware of the expectations and responsibilities they have when it comes to workers’ comp. They have done the same with unions since employees in Washington must bear about 25% of the premiums for workers’ comp coverage. This makes them more direct clients than they might be considered in other states. 

    It was when the conversation turned to “bad actors” that Sacks presented a very significant concept that would be useful for all regulatory agencies. Referring to enforcement actions against employers who intentionally flout the rules; underreporting payroll, misclassifying personnel, failing to purchase comp coverage or the like, Sacks very plainly stated that “bad guys deserve a different L&I.” It was a point that should not be taken lightly, as it delineates a clear difference between the customer friendly partner and a stern regulatory body. 

    Sack’s was absolutely correct. Different players require “different” regulators – or at least a different regulatory approach. Knowing the difference is as important as the tools themselves.

    This conversation came to light again recently during the recent annual SAWCA conference (Southern Association of Workers’ Compensation Administrators). My new business partners and I had many meetings discussing our new WorkCompCollege.com program. It was pointed out to us by more than one person that our “Whole Person Recovery Management” philosophy could be useful in the regulatory realm as well. One regulator indicated they believed their staff could benefit from such a program. The reality is, that regulators aren’t the only ones who have access to carrots and sticks. Just about everyone has access to those in the course of their job and knowing what to use and when is key to effectively achieving the outcomes we desire.

    It has dawned on me that the certification program we are building, focused on workers’ recovery and a more holistic approach that incorporates the bio-psychosocial needs of the injured worker, is really centered on helping people select and employ the right tools for the job. Both the carrot and stick have their purpose, but we may find that the former has more positive effects than the latter. Learning what to use when will be a big part of the job for all of us.

    Besides, why should regulators have all the fun?

  • Could a “Council of States” for Standardization Actually Work?

    Last week, I attended the 74th Annual Convention of the Southern Association of Workers’ Compensation Administrators (SAWCA). As I have done for the past 8 years or so, I moderated the event’s closing session, called “Things That Make Bob Go, Hmmm.” It is a panel where I am allowed to select the guests and discuss, well, anything that makes me go “hmmm.”

    At an earlier point of the conference, during a Regulators Roundtable, the topic of standardizing some components of workers’ comp was discussed. The focus was primarily on what would appear to be fairly simple elements of the system; for example, a “standard” First Report of Injury that could be used by all jurisdictions. The topic produced lively input, until a regulator from one state asked a moderator, “So you are endorsing the federalization of workers’ comp?” That seemed to shut the topic down, cold.

    The potential federalization argument is often used when discussing any level of standardization for workers’ compensation across jurisdictional lines. It could be a legitimate concern, and many people, myself included, are not proponents of the Feds gaining oversight into the system. There are too many economic, cultural, and regional differences across our country to accommodate a federal “one size fits all” solution. 

    Still, the fact remains that navigating workers’ comp in multiple states can be a herculean task, and there are elements of each state’s system that could certainly benefit from streamlining and standardization. The question falls as to who will ultimately step in and perform that task – if it happens at all. 

    And if the perceived pain becomes great enough, we may find ourselves with an unwanted intrusion where Uncle Sam deems it necessary to “fix” the problems we are unable or unwilling to correct ourselves. And many of us agree that the Feds rarely “fix” anything without adding additional levels of complexity and confusion. 

    So, a multi-part question I posed to my panel was, could SAWCA or the IAIABC (International Association of Industrial Accident Boards and Commissions), or perhaps SAWCA working with the IAIABC, establish a “Council of States” for the express purpose of standardizing some elements of workers’ comp across state lines?” Would that be effective, and if so, what specifically should it address? The topic produced a great deal of discussion, not just with my panel, but from the audience as well.

    Interestingly, no one said the idea wouldn’t work. There seems to be a sense that issues exist, but a level of stubbornness and intransigence could be a major issue. Also, the debate centered around some things that could never be standardized, such as benefit payment levels or adjudication procedures. A clarifying point was made by one attendee, Brian Allen of Mitchell Pharmacy Solutions. He suggested that any such attempt should focus on “process rather than policy.” 

    It was an excellent point, and worthy of consideration.

    In theory, something like first reports or posting notices should be “low hanging fruit” for simplification efforts. The FROIs all collect essentially the same data. The posting notices broadly advise of the same rights. Yet, resistance exists to change, mostly because we continue to do things in the way we’ve always done them. The point was highlighted by one regulator who, in the earlier Regulator Roundtable, jokingly suggested their state would be happy to standardize the FROI, as long as every state agreed to use the one their state currently uses. 

    Challenges would exist with even the simplest of efforts. One of my panelists pointed out that they are statutorily bound to certain processes, and that legislative changes may be required for even the simplest of deviations. Bureaucratic obstinacy, will quite simply, also be a problem. Change can be difficult for some, and those agencies where CAVE (Citizens Against Virtually Everything) people are dominant would throw roadblocks at any effort. Still, the industry is intended to serve two distinct groups: employers and their injured workers. We should listen to and respect the former while tending to the needs of the latter.

    And the former is telling us that we are not making this easy for them.

    I suppose the point is that this is an excellent example of “physician, heal thyself.” There are elements within our industry – process elements – that could be simplified with a bit of common sense and a healthy dose of cooperation. And those solutions would best be offered from within our own industry. A “Council of States” may not ultimately be able to fix what ails us, but it is likely a better concept than the alternative solutions we may one day find thrust upon us. Or, we could just wait for the Feds to tell us what is best.

  • Isolation of Being the Boss

    Create a culture to get proper feedback from subordinates

    One of the most interesting executives I have ever worked for was mercurial.  The verbal beatings he gave were legendary.  His insight and intuitive understanding of the workers’ compensation system was also unparalleled.  He created a very profitable company by wringing out the best from his employees. However, few of the senior executives survived more than a few years working for him.  A result of his management style was that few if anyone ever wanted to bring problems or issues to his attention.  They knew that no matter the issue or their innocence there would be a beating.  As a result, he was starved for accurate and timely information.  His solution was to review the daily operation statistics and to hire independent auditors to regularly review his operations.

    The best executive I have ever worked with had an entirely different approach.  He was always collaborative and never ever “shot the messenger”.  My first ever experience of his style was when a subordinate directly questioned a statement of his in an important executive meeting. His response was a classic. “You have a great point. I may be wrong on that. Let’s get all the facts so we can make the right decision.”  He was secure and confident enough in who and what he was, to allow a subordinate to question or challenge him without seeing it as an attack on his authority or an attack on him.  He cared more for the feelings of the employee, and for the ethics of the company than worrying about his reputation.  That approach made him an exceptionally effective executive. He always got exceptional effort from his employees and has long term loyalty from his employees because he treated them with respect and trust. His company was very successful.

    Employees’ fates (and salary levels) are in the hands of the senior executives.  Many employees are naturally afraid to interact with their senior executives. They do not want to bother the executive with what may be a trivial issue or be seen in a poor light.  They also may not want to be seen by others in the work environment as sycophants. Some are reluctant to engage because, as less experienced workers, they are concerned about being seen as stupid or misinformed.  The reluctance to engage may also be present when an examiner is dealing with their supervisor or their claims manager.  Usually, the further up the “food chain” the greater the reluctance to interact.  A result of this fear is that there are potentially important issues which are not brought up to the appropriate level for intervention and resolution. 

    This fear is somewhat lessened for employees who are assured of their security and place within the organization.  

    There are many skilled examiners, supervisors, and managers.  Advancement in an organization is usually tied to the next level knowing who you are, what you do and how well you do it.  Some of that comes from not being afraid to talk to the executives.  One method of starting the engagement process is to comment on successes by co-workers or the company.  Engagement is easier when sharing both successes as well as issues and concerns.  If there is a problem or issue it is a good idea to propose a solution to the problem. 

    As a supervisor, manager, VP or President, realize that you are not always getting all the information you need to make the proper decisions.  Set an example of encouraging your employees to speak up. Never beat the messenger.  Always investigate issues raised and if it is a problem, intervene to get it resolved.  If it is not an issue requiring your involvement thank the employee and explain what you will (or won’t) be doing about the issue.  As a supervisor, manager VP or president, determine what feedback and information you need to do your job. Create a structure (daily reports, industry benchmarks etc.) which will make sure that the information is in your hands on a timely basis.  Never underestimate the power of independent audit.  Most importantly, create a culture which encourages people to bring up issues and problems.