by Roy Wheeler & Todd Shade
Congratulations and welcome to the TASB Risk Management Fund (the Fund). You have made a great choice in placing your trust with the Fund, the premier provider of risk management coverage and services to Texas educational entities. It is an honor to have the opportunity to be of service to you in our common goal to achieve educational excellence for all Texas schoolchildren.
Now that you have made the decision to join in either the Fund’s Property/Casualty, Workers’ Compensation, and/or Unemployment Compensation programs, you may be wondering “What do I do next?” The checklist provided below will assist you in completing all of the necessary steps to ensure a smooth and orderly transition.
All of the following items need to be completed and received by the Fund prior to the effective date of the coverage.
That’s it; you should have all of the required documents submitted to enjoy membership in the TASB Risk Management Fund. For additional information or questions please visit the Fund’s website or contact your Risk Management Marketing Consultant at 800.482.7276.
So sit back and relax, after all, “We’ve Got You Covered”.
by Ron Garza
That’s right; myTASB, the secured access of the Fund’s Web Site where member-only materials are located, is scheduled for a long overdue makeover! Why you ask? From time-to-time, companies and organizations like to update their websites by adding new functionality and accessibility in order to increase user satisfaction. That that is exactly what we intend to do! Our goal is to make the information more easily accessible, more organized, and improve the overall design.
Starting in September, we will be working hard at updating the myTASB secured website. The large project will take several months to complete, and expect the project to be finished sometime after the January 2010. Project updates will be available via News & Views throughout the rest of the year, and when we are ready to make the switch to the new design, information will be sent to member contacts via email. Interested in assisting us with testing? Let us know!
If you have a question about the myTASB conversion project, please contact Ron Garza at 800.482.7276, ext. 2275.
by Stacy Hobbs
Your mission, should you choose to accept it, is to learn all you can about risk management by attending a 2009 Fund Fall Seminar. Preregistration is FREE and so are the meals!
Every year, the Fund offers training to its members across the state on critical risk management issues and updates. This fall, seminars will take place at the following five locations:
| Seminar Location and Date |
Early (free) registration ends |
| Austin: 09/17 | 9/11 |
| Lubbock: 09/22 | 9/16 |
| Tyler: 10/13 | 10/7 |
| Katy: 10/20 | 10/14 |
| Arlington: 10/28 | 10/22 |
Topics presented by expert and friendly TASB staff members include unemployment compensation, workers' compensation claim reporting, legislative and Alliance updates, auto liability and safety, security, and emergency management. Do not leave early or you will miss out on some important loss prevention and workers' compensation legislative updates.
Seminar registration starts at 8:15 a.m. The sessions start at 9:00 a.m. and conclude at 3:00 p.m. to allow for plenty of travel time. So, do not miss your chance. Register on line today! This message will NOT self-destruct in five seconds.
by Stacy Hobbs
So, you are bidding out to build a new gymnasium where the state championship will surely be played and won! A few weeks later, the contract is ready to roll. Wait! Make sure you are informed about workers’ compensation insurance coverage requirements and postings before you sign anything. As a political subdivision (governmental entity) when you sign a contract for construction or building, you are required by the Texas Workers’ Compensation Act and Division of Workers’ Compensation (DWC) Rules to ensure contractors (all of them) have a workers’ compensation policy and that verbiage must be specified in any contract you sign.
You are also required to post the DWC-Notice 8: Required WC Coverage for Building or Construction Projects for Governmental Entities. This posting can be found on the DWC Web Site, and it is available in English and Spanish.
Texas Labor Code §406.096 clearly states the requirements below.
“(a) A governmental entity that enters into a building or construction contract shall require the contractor to certify in writing that the contractor provides workers' compensation insurance coverage for each employee of the contractor employed on the public project.
(b) Each subcontractor on the public project shall provide such a certificate relating to coverage of the subcontractor's employees to the general contractor, who shall provide the subcontractor's certificate to the governmental entity….”
So, maybe after the gymnasium is complete, you want to hire a contractor to paint the hallways of the high school. After all, you need clean and nice walls for a back drop to display all those trophies the kids have earned. Refer to the definition of “building or construction” below. As you can see this is a very broad definition. Pay special attention to (e)(1)(C).
(e) In this section:
(1) "Building or construction" includes:
(A) erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance;
(B) remodeling, extending, repairing, or demolishing a structure; or
(C) otherwise improving real property or an appurtenance to real property through similar activities.
Many projects, such as painting, could qualify as “improving the real property”.
Better to be safe than sorry. Always require a certificate of workers’ compensation coverage when contracting with anyone working in the school, unless that person is a sole proprietor, in which case the certificate of coverage is not required as stated in Texas Labor Code §406.097.
For specifics on building or construction contracts and these requirements, visit the DWC Web Site. Choose “Rules” from the left side navigation and then DWC Rule §110.110.
by Marcos Mendoza
On June 22, 2009, the U.S. Supreme Court handed down a decision in Forest Grove School District v. T.A. The Supreme Court ruled if a district in a special education case failed to provide a Free Appropriate Public Education (FAPE) and private school placement was appropriate for a child, the parents did not have to avail themselves of special education services offered by the district prior to the removal of the child. The case involved parents which, after informal discussions with the district failed, removed their child from a school district and enrolled him into a private academy. The school district found him ineligible for such services and declined to offer him an Individualized Education Program. The parents then requested a hearing on the child’s eligibility for special education services under the Individuals with Disabilities Education Act (IDEA). The hearing officer agreed with the parents, indicating the district had failed to provide a FAPE under the IDEA, and ordered the district to reimburse the parents the private school tuition. The district appealed, and one of the issues was whether parents could be awarded reimbursement if the parents never availed their child of any special education services with the district. The Supreme Court reasoned regardless of the reason, if the child did not receive a FAPE under the IDEA, then the parents should be reimbursed for appropriate private placement. This case does not appear to change existing law; it only clarifies factual circumstances under which the law applies. However, the Fund does anticipate some moderate increase in IDEA claim activity until the advocate bar has had a chance to examine this case more closely. Because of the complexity of the case, it is suggested districts contact their general counsel for questions regarding particular circumstances.
by Ron Garza
Noun 1. innovator (In´no`va`tor)—groundbreaker, pioneer, trailblazer, conceiver, master-mind, originator; someone who creates new things; TASB RMF Member.
This is the seventh year that the TASB Risk Management Fund will reward its members for their innovative approaches in the area of risk management. Up to 10 winners will again be selected to receive $1,000 each to apply toward their risk management efforts. $1000 can really help out during these tough economic times, so what are you waiting for? The 7th Annual Risk Management Fund Innovation Award application information is now available!
Check out a list of last year’s winners and why they were chosen for the 2009 Innovation Award.
Only typed and e-mailed or faxed applications will be accepted. You can fill out a MS Word application, or you may cut and paste an HTML version of the application into another application and fax it to us.
E-mail:
Fax: 800.580.6720, Attention: Stacy Corluccio.
Please send seven copies of any supporting documentation or materials, such as video tapes, CDs and DVDs to the following address:
TASB Risk Management Fund, Attention: Stacy Corluccio
12007 Research Blvd.
Austin, TX 78759
If so, all applications must be received by January 22, 2010, in order to be eligible. Award status notifications will be mailed in March 2010, and winners will be honored with their checks and awards at the 2010 TASB Risk Management Fund Members' Conference luncheon. Conference details will be posted by January 2010. Contact Stacy Corluccio at 800.482.7276, extension 7233, for more information.
by Jennifer A. Kolbasinski
As the kids head back to class and we settle into the business of education for another year, I thought I’d use the time in between to review a few important, and hopefully interesting, things about Property Appraisal.
We are here to make your job easier and are happy to help you. Enjoy the new school year and call us if you have any questions 800.482.7276, ext. 7411.
by Ashley Purcella
Predators stalk their prey by watching their every move until they feel comfortable enough to approach their victim. Unfortunately, I am not describing an animal that is hunting for food, but describing another kind of animal called the Child Sexual Predator. These predators come in every shape, size, sex, and race and you simply cannot tell by their looks. Most predators are not ugly monsters that we see in movies, they are common looking persons that seem harmless.
The more alert we are to our surroundings the more likely we can catch these predators. Bus drivers can be an essential tool in finding predators lurking around school bus stops, schools, and neighborhoods. The best line of defense in preventing a criminal act is installing surveillance cameras on buses and training drivers to watch for commonly observed traits of a predator.
Commonly observed traits a bus driver should be aware of are:
The items listed above are just a few of the many behavioral patterns Child Sexual Predators commonly display. Not every person that behaves this way or drives a van with tinted windows is a predator. However, the purpose of this article is to provide readers with information to assist in indentifying and alerting the proper authorities of a possible predator. Be vigilant! If you feel a child is in immediate danger, keep the child or children on the bus and contact dispatch so you can arrange an alternate safe drop off/pick-up location for the child or children.
by Paul Taylor
With the start of the Fall semester, most Texas school districts play their part in the Friday night spectacular known as Texas high school football. And while school district risk managers enjoy the game as much as anyone, the real risk management questions may come from a Saturday morning phone call. This article addresses five common scenarios that can generate Saturday morning phone calls to school district risk managers.
1. On the way to an out-of-town game, your district’s band bus side swipes a parked car, leaving a definite yellow streak down the length of the vehicle. No one is injured, but the car’s owner is hopping mad and there is no denying the cause of the damage. Who pays for the damage?
In order to answer this question, the risk manager needs to understand the district’s automobile liability coverage. Because the damage was caused by the school driver’s negligence while operating the bus for district purposes, it is very likely that your coverage will include the damages to the car and even to your bus. The risk manager should contact your coverage provider to file a claim.
2. Your district’s elementary P.E. coach is a huge football fan and attends every home football game because he loves to see his former students play. During halftime, after his visit to the field house for a pep talk, the coach slips on a discarded frito pie package and throws out his back. Is the district liable for his bothersome back problem?
Because the coach was attending the football game in his private capacity, and not because it was part of his job duties, the coach’s injuries will likely not be covered by Worker’s Compensation. The coach’s personal health insurance would be the place to turn for medical coverage of these injuries.
However, what if this had been the High School Principal who slipped while attending the game and the principal’s job duties require that he attend all home football games? In this case, the district’s workers compensation coverage would likely cover treatment of the principal’s injuries as they were caused by an on the job injury.
Apart from the worker’s compensation issue, the coach could also potentially raise a premises liability claim against the district for his slip on the sack. While this could be a claim under the district’s general liability policy, the district could assert their legal immunities to bodily injury damages and likely not be required to cover the injuries.
3. After the game, two fans in a rush to get the prime spot at Sonic have a fender bender in the school parking lot. They want the district to pay for the damages claiming that there was inadequate lighting in the parking lot. Does the district have to pay to repair the vehicles?
In this situation the risk manager would again refer to the district’s General Liability policy to see if these claims for property damage were covered. Generally, the district’s immunities to these types of property damage claims would apply and therefore the district would not have any liability to pay the claim or provide coverage for the claim. The damages would be the responsibility of the vehicle drivers who could file claims with their own insurance carriers.
4. Your football team completely trounced the cross town rival causing a small number of the opposing fans to return later that night with spray paint and a dictionary. Who pays to clean up the mess?
The risk manager would look to the district’s vandalism coverage, likely found as part of the Property coverage. Then depending on the extent of the direct physical loss, the district could elect to file a claim or simply remove the spray paint using school facility employees. If there is extensive damage, an independent adjuster might be assigned to estimate the payment cost of cleanup and repairs. On a related issue, if the offending artists are found guilty of a crime, your district’s provider may seek restitution from them for the cleanup costs.
5. Late in the third quarter your star defensive back makes a flying tackle, taking out the opposing receiver and his own collarbone. The family does not have health insurance and the ambulance bill and hospital visits will be expensive. Will the district’s coverage pay the medical expenses?
In this situation, there may be coverage for the student’s injuries if the district purchased insurance to cover injuries to students engaged in athletic activities as allowed by Texas Education Code Section 33.085. This type of insurance is optional and may not have been purchased by the district. The district’s own General Liability coverage would probably not apply in this situation as again, the district’s immunities would protect the district from liability for this type of occurrence.
These scenarios and the responses are generally based on standard types of available coverage. Each district’s risk manager should understand the specific merits of any claim, the coverage held by his or her district, and be ready to receive the handoff and run with the ball when the phone rings on Saturday morning.
by Sarita Shipe
A few weeks ago we told you about the new legislative mandate per the passage of HB 2547 that requires employers to provide a functional job description to your injured employees’ treating doctor. We also told you not to worry if you don’t have a functional job description, because the Division of Workers’ Compensation (DWC) was charged by the legislature to produce a form to help you. Well, the new “Description of Injured Employee’s Employment" (DWC Form-074) is ready on the DWC Web Site on the Fund Web Site and in the Return to Work Manual. Fund member program contacts with a myTASB user id and password can access this.
The purpose of this form is to facilitate the exchange of information between you and your injured employee’s treating doctor regarding the duties, job functions, specific tasks and physical responsibilities that your employee had at the time of injury. This information will allow treating doctors to assess your employee’s ability to return to work after an injury as quickly and safely as possible.
This form should be completed by an employer representative who has actual knowledge of the injured employee’s job requirements, who will most likely be the employee’s supervisor. The completed DWC-074 should be sent to the requesting doctor, with a copy retained for your records. Remember, that the employee is also entitled to a copy if requested.
Please be assured that completing and returning the DWC-074 to the treating doctor will not be construed as an admission of compensability or the extension of a job offer.
For members who are contemplating the implementation of a Return to Work program, a functional job description is essential to the treating doctor when determining modified duty restrictions for your employees. In addition, the DWC-074 could be a valuable tool to assist you in creating functional job descriptions of your own. Currently, there are no rules or timelines relative to the use of this form.
For questions regarding the DWC-074 or Return to Work, please contact Sarita Shipe at 800.482.7276, extension 7221.
Email:
by Paul Taylor
In 2007, the Medicare Secondary Payer Mandatory Reporting Provisions (MSP) were added to Section 111 of the Medicare, Medicaid, and SCHIP Extension Act (MMSEA). These new reporting provisions attempt to avoid duplicate payments to Medicare beneficiaries.
Section 111 requires reporting entities to submit personal information as well as notice of settlements, judgments or awards on claims where the injured party is a Medicare beneficiary. These mandatory reporting requirements for liability insurance, no-fault insurance, and workers' compensation become effective for the second quarter of 2010.
Risk Management Fund members and their staffs will have a limited role regarding the new requirements. The TASB Risk Management Fund, based on your Fund membership documents, is the Required Reporting Entity for Fund members. This allows TASB staff to handle our members’ required reporting duties under these new rules.
Risk Management Fund members should be aware, however, that their districts may have reporting responsibilities for open claims continuing through a previous carrier or third party administrator. Be proactive and contact previous carriers to determine if these new requirements will apply to any remaining open claims and also to determine who will be responsible for reporting these claims.
For more information on MMSEA reporting, see the agency website concerning these requirements, or contact June Kissinger or Paul Taylor at 800.482.7276, ext 3545 or ext 3663, respectively.