2009Office of Risk Management Annual Conference

2009 REGIONAL CONFERENCE

GENERAL LIABILITY CLAIMS

AMERICANS WITH DISABILITIES ACT

FAMILY MEDICAL LEAVE ACT

NEW LEGISLATION

2009Office of Risk Management Annual Conference

GENERAL LIABILITY CLAIMS

Kathleen Gasser, Claims Manager

Kathleen.gasser@la.gov

225-342-8433

2009Office of Risk Management Annual Conference

GENERAL LIABILITY TEAMS FRANK FORET, SUPERVISOR

TOM BLUFF

PENNY BUCHANAN

BARBARA BURNS

JIMMY MARTIN

BYNIE WELLS

DIANE WILLIAMS

2009Office of Risk Management Annual Conference

GENERAL LIABILITY TEAMS PATRICIA BARRON, SUPERVISOR

GENEVA BLAKE

BERTHA MEISNER

2009Office 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.

2009Office 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.

2009Office 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.

0

100

200

300

400

500

600

700

800

900

1000

2006 2007 2008

2009Office 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.

0

50

100

150

200

250

300

2006 2007 2008

2009Office 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.

740

750

760

770

780

790

800

810

820

830

840

2006 2007 2008

2009Office 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 2008.

SEVERAL OF THE LAWSUITS HAD MULTIPLE PLAINTIFFS

0

50

100

150

200

250

300

350

400

450

500

2006 2007 2008

2009Office of Risk Management Annual Conference

PENDING CLAIMS GENERAL LIABILITY

1,239

CIVIL RIGHTS 764

TOTAL 2033

2009Office of Risk Management Annual Conference

NEW CLAIMS: 797

CLOSED: 775

PENDING: 1,239

PAID: $4,949,866.05

SETTLEMENTS: 94

PERFORMANCE OVERVIEW GL

2009Office of Risk Management Annual Conference

PERFORMANCE OVERVIEW CR NEW CLAIMS: 210

CLOSED: 311

PENDING: 764

PAID: $1,902,228.46

SETTLEMENTS 28

2009Office 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.

2009Office 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 91106

BATON ROUGE, LA LA 70821-9106

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

2009Office 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.

2009Office 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.

2009Office of Risk Management Annual Conference

ADA AMENDMENTS OF 2008 BASIC FACTS TO HELP YOU

THROUGH THE MAZE

2009Office of Risk Management Annual Conference

ADA AMENDMENTS ACT OF 2008 EFFECTIVE JANUARY 1,

2009

EXPANDS THE DEFINITION OF MAJOR LIFE ACTIVITIES

2009Office of Risk Management Annual Conference

ADA AMENDMENTS ACT OF 2008 REJECTS A STRICT

INTERPRETATION OF THE DEFINITION OF DISABILITY

ADA TO PROVIDE BROAD COVERAGE

2009Office 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.

2009Office of Risk Management Annual Conference

ADA AMENDMENTS ACT OF 2008 STRIKES A BALANCE BETWEEN

EMPLOYER AND EMPLOYEE INTERESTS

2009Office 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.

2009Office 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

2009Office of Risk Management Annual Conference

ADA FURTHER INFORMATION NOTICE CONCERNING ADA AMENDMENTS

ACT OF 2008

www.eeoc.gov/ada/amendments

2009Office 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

2009Office 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.

2009Office 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.

2009Office 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

2009Office 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

2009Office 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.

2009Office 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.

2009Office 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.

2009Office 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.

2009Office 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.

2009Office 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

2009Office 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.

2009Office 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.

2009Office 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.

2009Office of Risk Management Annual Conference

FAMILY MEDICAL LEAVE ACT FOR FURTHER INFORMATION:

www.dol.gov/esa/whd/fmla

2009Office 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.

2009Office 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.