Minutes (cont’d)

Page 1

December 10, 2015

LA WORKERS’ COMPENSATION SECOND INJURY BOARD

Meeting ofDecember 10, 2015

The regular meeting of the Second Injury Board convened at 2:06p.m.

The following were present:

  1. Mr. Patrick Robinson, OWCA Director, Chairman
  2. Mr. Charles Hansberry, representing Commissioner of Insurance
  3. Mr. Steve Hawkland, representing Secretary of State
  4. Ms. Lynette Mack, representing State Treasurer
  5. Mr. Dan Lastrapes, SIB Director
  6. Ms. Michelle Sumrall, Compliance Supervisor
  7. Mrs. Jessica Masaracchia, Audit & Finance Supervisor
  8. Karl Scott, General Counsel
  9. Meridith Trahant, General Counsel
  10. Ashley Deshotels, General Counsel
  11. Claudia Brumfield, Administrative Assistant
  12. Tiffany Mason, Compliance Officer
  13. Shaneka Davis, Recording Secretary

Mr. Patrick Robinson, Chairman, called the meeting to order and began with Item 1 on the agenda, being the reading of the minutes from the previous meeting. Mr. Hawklandmoved to dispense with the reading of the minutes and approve the minutes as printed and distributed.The motion was seconded by Ms. Mackand passed unanimously.

The Chairman moved to Item 2 on the agenda, Hearings. All hearings were deferred.

Next, the Chairman moved to Item 3 on the agenda whichincluded (11) itemsrecommended for payment beginning with Claim #14-0645 and ending with Claim #15-0613. The motion to approve the recommendation was made by Mr. Hansberry, seconded by Ms. Mack and passed unanimously.

  1. 14-0645LUBA Casualty Insurance Company104 week deductible
  2. 14-0748Lafayette Parish Sheriff’s Office104 week deductible
  3. 14-0781Winn-Dixie Louisiana, Inc.104 week deductible
  4. 15-0054Touro Infirmary104 week deductible
  5. 15-0095Louisiana Restaurant Association 104 week deductible
  6. 15-0236Louisiana Workers’ Compensation Corporation104 week deductible
  7. 15-0391City of Baton Rouge, EBRP104 week deductible
  8. 15-0408Louisiana Auto Dealers Association104 week deductible
  9. 15-0509Sentry Insurance A Mutual Company104 week deductible
  10. 15-0590Louisiana Construction & Industry - SIF104 week deductible
  11. 15-0613Louisiana Restaurant Association104 week deductible

The Chairmanmoved to Item 4 on the agenda,(45) claims recommended for denial, beginning with Claim #13-0404and ending with Claim #15-0689. A request was made for a motion to approve the recommendations to deny the claims as described in the December 10, 2015 agenda. The motion was made by Ms. Mack; seconded by Mr. Hawkland and passed unanimously.

  1. 13-0404Louisiana Workers’ Compensation Corporation
  2. 13-0838Louisiana Construction & Industry – SIF
  3. 14-0014Ace American Insurance Company
  4. 14-0232Argonaut Insurance Group
  5. 14-0534Louisiana Workers’ Compensation Corporation
  6. 14-0564Louisiana Restaurant Association
  7. 14-0590Louisiana Municipal Risk Management Agency
  8. 14-0726Louisiana Safety Association of Timbermen
  9. 14-0741Louisiana Commerce & Trade Association
  10. 15-0011Lafayette Parish Sheriff’s Office
  11. 15-0023Ace American Insurance Company
  12. 15-0059City of New Orleans
  13. 15-0068Christus – St. Patrick Hospital
  14. 15-0111Louisiana Workers’ Compensation Corporation
  15. 15-0119Louisiana Office of Risk Management
  16. 15-0120Louisiana Construction & Industry – SIF
  17. 15-0123Bridgefield Casualty Insurance Company
  18. 15-0129Touro Infirmary
  19. 15-0135Harrah’s Operating Company, Inc.
  20. 15-0138Bridgefield Casualty Insurance Company
  21. 15-0150New Hampshire Insurance Company
  22. 15-0153American Casualty of Reading, PA
  23. 15-0197Winn Dixie Louisiana, Inc.
  24. 15-0200American Interstate Insurance Company
  25. 15-0203Technology Insurance Company
  26. 15-0215Ace American Insurance Company
  27. 15-0225Louisiana Commerce & Trade Association
  28. 15-0230Louisiana Safety Association of Timbermen
  29. 15-0259None Documented
  30. 15-0347Louisiana Municipal Risk Management Agency
  31. 15-0360LUBA Casualty Insurance Company
  32. 15-0383Louisiana Municipal Risk Management Agency
  33. 15-0420None Documented
  34. 15-0425Louisiana Construction & Industry – SIF
  35. 15-0455Louisiana Home Builders Association – SIF
  36. 15-0457Louisiana Auto Dealers Association
  37. 15-0470Louisiana Construction & Industry – SIF
  38. 15-0510Louisiana Municipal Risk Management Agency
  39. 15-0548Louisiana Commerce & Trade Association
  40. 15-0570Plaquemine Parish School Board
  41. 15-0614Plaquemine Parish Government
  42. 15-0642Louisiana Home Builders Association – SIF
  43. 15-0660Lumbermens’ Underwriting Alliance
  44. 15-0681Plaquemine Parish Government
  45. 15-0689Zurich American Insurance Company

The Chairman moved to Item 5 on the agenda, being the recommendation to approve reimbursement of (308)partial paymentsbeginning with Claim #82-0693and ending with Claim #13-0256.Mr. Robinsonasked for a motion to accept therecommendationand approve reimbursement of the partial paymentsas submittedon the agenda ofDecember 10, 2015.The motion was made by Mr. Hawkland, seconded by Mr. Hansberry,and passed unanimously.

The Chairman moved to Item 6 on the agenda, being the recommendation to approve(85)quarterly paymentsdue beginning with Claim #94-0503and ending with Claim #14-0103. Ms. Mackmoved to accept the recommendation of the Director and approve reimbursement of quarterly payments as submitted on the agenda of December 10, 2015. The motion was seconded by Mr. Hansberryand passed unanimously.

The Chairman moved toItem 7, Public Comment. No one from the public was present therefore, the Chairman moved to Item 8 on the agenda. Mr. Hawklandmade a motion to go into Executive Session to discuss Second Injury Board litigation and settlements.Ms. Mackseconded the motion and it was passed unanimously.

Upon returning from Executive Session, Mr. Robinson moved to Item 8a of the agenda, settlement recommendations. The Chairman requested to amend the agenda to add Claim #12-0533. Mr. Hawkland made a motion to amend the agenda. Ms. Mack seconded the motion and it was passed unanimously. The Chairmanstated that (20) claims are recommended by the Director for settlement authority, as discussed in Executive Session, and requested a motion to extend settlement authority to be reimbursed on quarterly basis for the following claims:

  1. 92-0137
  2. 92-0209
  3. 04-0953 – Indemnity Only
  4. 06-0727
  5. 08-0384
  6. 08-0903 – Indemnity Only
  7. 09-0138
  8. 11-0176
  9. 11-0744
  10. 11-0810
  11. 12-0030
  12. 12-0219
  13. 12-0336
  14. 12-0545 – Indemnity Only
  15. 12-0664
  16. 13-0123
  17. 13-0953 – Indemnity Only
  18. 14-0540 – Indemnity Only
  19. 15-0014
  20. 12-0533

Mr. Hawkland moved to accept the Director’s recommendation. The motion was seconded by Ms. Mack and passed unanimously.

The following (5) claims were recommended to be denied settlement authority and continue to be paid on an on-going basis:

  1. 08-0156
  2. 09-0683
  3. 12-0851
  4. 12-1041
  5. 14-0042

Mr. Hansberrymoved to accept the Director’s recommendation. The motion was seconded by Mr. Hawkland and passed unanimously.

The Chairman moved to Item 8b of the agenda, Second Injury Board litigation.The Chairmanasked for a motion to grant authority to legal counsel, as discussed in Executive Session, to represent the Board in the following manner:

  1. Employee: Ida Hill - Claim #07-0116 continued litigation
  2. Employee: Anthony Richard – Claim #07-0212 settlement authority
  3. Employee: Kenneth Clostio –Claim #10-0003 continued litigation
  4. Employee: Barb A Bish – Claim #11-0362 settlement authority
  5. Employee: Brandon Basco – Claim #11-0489 settlement authority
  6. Employee: Stevie Benton – Claim #13-0405 continued litigation
  7. Employee: Lance Smith – Claim #13-0910 settlement authority
  8. Employee: Fred Stafford – Claim #13-0962 settlement authority
  9. Employee: Mark Stephens – Claim #14-0549 settlement authority

Mr.Hawklandmoved to accept the recommendation. The motion was seconded by Mr. Hansberryand passed unanimously.

There’sbeing no further business to discuss, the Directorasked for a motion to adjourn.Mr.Hansberry made the motion. The motion was seconded by Ms. Mackand passed unanimously.

The meeting was adjourned at2:44p.m.

Recording Secretary: Shaneka Davis