Negligence Insurance & Workers Compensation
Minutes for meeting October 16, 2000
Present at the meeting were: Raymond Hertz, Frank Lipshultz, Richard Teitel,
Michael Schreyer, Wally Kleid, Michael Steinhardt, Don Benter, Lee Gordon,
Nancy Harrison
Guests - Harvey Epstein, Marian D'Anna, Michele Lane
1. Minutes - the minutes for the 9-11-2000 meeting were approved.
2. Ocean City Conference - the MWCEA conference in Ocean City was well-attended
and well-received.
3. Legislative Agenda - Harvey Epstein presented some information on the
Workers' Compensation Oversight Committee. In addition to Mr. Epstein, Matt
Darby and Rudy Rose are appointed as attorney members. Van Mitchell and Arthur
Dorman are legislative representatives. Commissioner Richard LaFata is also
active on the oversight committee. The oversight committee was created in 1987
at the time changes to the benefits tiers, etc. were passed.) Mr. Epstein reviewed
a number of areas that may be looked at in the near future, including the requirement
for a legislative change for the lowest ("minor") tier of benefits
and the less than ideal conditions at many of the "out of town" hearing
locations. Legislative items in the 2000 session included addressing the COLA
for permanent total benefits prior to 1988. Another area of concern is presumptions
- the legislature is not always favorably disposed towards presumptions; currently
public safety employees/EMTs have come in wanting a presumption for hepatitis
as thus far when they've filed claims they've been bounced because of the 5
year rule. There is also a hearing issue, as high decibel loss is not covered.
There are several issues with respect to psychological claims including a significant
area of concern regarding psychiatrists and psychologists, and a group lobbying
to allow nurse practitioners to prescribe medications in psychological claims.
The annual report of the oversight committee is available through the Dept
of Legislative Reference. There was further discussion as to whether there
are any
"hot" issues to bring to the attention of the MSBA's legislative
liaison, Buz Winchester. Mr. Hertz will ask Mr. Winchester to keep us posted.
Mr. Kleid addressed the mileage issue. The Comm'n normally awards mileage
because it is treated an adjunct of medical care. Mr. Epstein noted that if
Chairman O'Reilly thinks the matter needs to be clarified in the statute, the
oversight committee can address it. Comm'r Teitel noted that the Commission
does not normally take a position on benefit legislation, but if it is simply
a matter of asking for clarification the Commission might be interested. He
will discuss with Chairman O'Reilly.
4. Fall Outreach Program - The plan was to have an outreach program at
the Commission's new location. Most recently, Chairman O'Reilly asked Mr. Hertz
to call after the Commission moves. [The committee is hoping the outreach can
be scheduled in early December.]
5. Spring Outreach Program - Annapolis and Howard and Baltimore Counties
have been suggested as possible locations for a spring outreach. A date needs
to be determined as well. IWIf/UEF was suggested as a topic.
6. MICPEL Hot Tips Program/Co-sponsor - The program date is January 19,
2001. A small group has gotten together to plan an agenda for the program.
In addition, Michele Lane is working on back-to-work issues with Ted Cornblatt
for another spring program (May). Kathy Stone is involved. The impetus for
this program was from rehab people as they have so much to do with determining
that people are ready to return to work. In the past the Commission has felt
that attorneys were not always well-versed on rehab and return to work issues.
Although the rehab people have seminars, they are not usually geared to the
bar.
MICPEL also would like to do some long-range planning to determine if there
are programs that should be repeated, such as the multi-week evening program.
For instance, do we want a day program for people farther out in the state,
etc. Mr. Hertz suggested a permanent subcommittee to work with MICPEL. He noted
that section members get a discount on MICPEL programs and one discount more
than pays for the section membership. Mr. Steinhardt discussed the possibility
of a program on psychology for attorneys. This would cover all issues not just
workers' comp, including psychological testing, treatment, therapy and pharmacology.
7. WCC agenda - Fees, alter ego, mentors, etc. - Chairman O'Reilly is
interested in the fees issue; Mr. Hertz will follow up with Matt Darby. Note
we are only talking about additional fees on the cap end and for complicated
rehab and medical issues to assess an additional fee. TT doesn't count. Fees
are within the discretion of the Commission so legislation is not an issue.
Commissioner Teitel reminded everyone that attorneys can ask for fees beyond
the fee schedule and the commissioners will review the petitions.
The alter-ego program did not get a friendly reception. It was not presented
in an antagonistic manner, but maybe because it's an unknown. If program is
running in other counties (Balto Co, PG Co., Mont Co.) successfully, maybe
that would be helpful. Mr. Hertz noted that the commissioners would choose
their own alter egos. He will get more information and bring to the Commission.
For the mentor program, Mr. Hertz would like to see more questions dealt with
on the internet. Judge Sothoron seems to be in favor of individual mentors,
but we don't necessarily want a formal program. Mr. Hertz suggested there seems
to be adequate mentoring on an informal basis.
The issue of a somewhat standardized introductory speech seemed to get a favorable
hearing. Mr. Kleid also noted that Commissioner Adams recently brought her
nameplate to Annapolis, which seemed to contribute to a less casual atmosphere.
8. MSBA Convention - There will be a Solo Practice Day again for the 2001
convention. is going to go again. The program committee was pleased with attendance
and participation in 2000. This committee would like to participate in program
committee with Solo and Young Lawyers.
10. New Business - none.
The next meeting will be held November 13, 2000 at Bar Headquarters.
Nancy L. Harrison
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