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2009 REGIONAL CONFERENCE. GENERAL LIABILITY CLAIMS AMERICANS WITH DISABILITIES ACT FAMILY MEDICAL LEAVE ACT NEW LEGISLATION. GENERAL LIABILITY CLAIMS. Kathleen Gasser, Claims Manager Kathleen.gasser@la.gov 225-342-8433. GENERAL LIABILITY TEAMS. FRANK FORET, SUPERVISOR TOM BLUFF

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2009 REGIONAL CONFERENCE

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2009 REGIONAL CONFERENCE

GENERAL LIABILITY CLAIMS

AMERICANS WITH DISABILITIES ACT

FAMILY MEDICAL LEAVE ACT

NEW LEGISLATION


GENERAL LIABILITY CLAIMS

Kathleen Gasser, Claims Manager

Kathleen.gasser@la.gov

225-342-8433


GENERAL LIABILITY TEAMS

  • FRANK FORET, SUPERVISOR

  • TOM BLUFF

  • PENNY BUCHANAN

  • BARBARA BURNS

  • JIMMY MARTIN

  • BYNIE WELLS

  • DIANE WILLIAMS


GENERAL LIABILITY TEAMS

  • PATRICIA BARRON, SUPERVISOR

  • GENEVA BLAKE

  • BERTHA MEISNER


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.


GENERAL LIABILITY CLAIMS

  • CLAIMS ALLEGING DAMAGES IN TORT DUE TO NEGLIGENCE BY THE STATE OF LOUISIANA, STATE EMPLOYEES AND/OR STATE AGENCIES.


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.


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.


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.


CIVIL RIGHTS CLOSED CLAIMS

  • IN 2006 WE CLOSED ALMOST 100 MORE LITIGATED CLAIMS AGAINST DEPARTMENT OF CORRECTIONS THAN IN 2007 AND 2008.

  • SEVERAL OF THE LAWSUITS HAD MULTIPLE PLAINTIFFS


PENDING CLAIMS

  • GENERAL LIABILITY1,239

  • CIVIL RIGHTS 764

  • TOTAL 2033


PERFORMANCE OVERVIEW GL

  • NEW CLAIMS: 797

  • CLOSED: 775

  • PENDING: 1,239

  • PAID: $4,949,866.05

  • SETTLEMENTS: 94


PERFORMANCE OVERVIEW CR

  • NEW CLAIMS: 210

  • CLOSED: 311

  • PENDING: 764

  • PAID: $1,902,228.46

  • SETTLEMENTS 28


CUSTOMER SERVICE

  • ONE ADJUSTER WILL HANDLE CGL CLAIMS FOR THE ENTIRE AGENCY IN ORDER TO PROVIDE MORE EFFECTIVE CUSTOMER SERVICE.


REPORTING CGL CLAIMS

  • IN WRITING TO:

  • FRANK FORET, SUPERVISOR

  • PAT BARRON, SUPERVISOR

  • KATHLEEN GASSER, MANAGER

  • OFFICE OF RISK MANAGEMENT

  • P. O. BOX 91106

  • BATON ROUGE, LA LA 70821-9106

  • IF LOSS IS SERIOUS IN NATURE, PLEASE TELEPHONE IT IN TO (225) 219-0168.


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.


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.


ADA AMENDMENTS OF 2008

  • BASIC FACTS TO HELP YOU THROUGH THE MAZE


ADA AMENDMENTS ACT OF 2008

  • EFFECTIVE JANUARY 1, 2009

  • EXPANDS THE DEFINITION OF MAJOR LIFE ACTIVITIES


ADA AMENDMENTS ACT OF 2008

  • REJECTS A STRICT INTERPRETATION OF THE DEFINITION OF DISABILITY

  • ADA TO PROVIDE BROAD COVERAGE


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.


ADA AMENDMENTS ACT OF 2008

  • STRIKES A BALANCE BETWEEN EMPLOYER AND EMPLOYEE INTERESTS


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.


ADA AMENDMENTS ACT OF 2008

  • COVERS PEOPLE WHO EXPERIENCE DISCRIMINATION

  • BASED ON A PERCEPTION OF IMPAIRMENT

  • REGARDLESS OF WHETHER THE INDIVIDUAL EXPERIENCES DISABILITY


ADA FURTHER INFORMATION

  • NOTICE CONCERNING ADA AMENDMENTS ACT OF 2008

  • www.eeoc.gov/ada/amendments


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


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.


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.


FAMILY MEDICAL LEAVE ACT

  • MILITARY QUALIFYING EXIGENCY LEAVE:

  • A NEW ENTITLEMENT FOR MILITARY ONLY

  • FOR FAMILIES OF NATIONAL GUARD OR RESERVES FOR EXIGENCIES


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


FAMILY MEDICAL LEAVE ACT

  • LIGHT DUTY WORK DOES NOT COUNT AGAINST FMLA LEAVE ENTITLEMENT.

  • VOLUNTARY LIGHT DUTY ASSIGNMENT IS NOT FMLA LEAVE.


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.


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.


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.


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.


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


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.


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.


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.


FAMILY MEDICAL LEAVE ACT

  • FOR FURTHER INFORMATION:

  • www.dol.gov/esa/whd/fmla


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.


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.


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