Occupational Disease: Is There a Remedy?

Article Abstract:

There is merit in both the Crum and Forster and H.R. 3175 approach to settlements of occupational disease claims. Additional elements must be added to cover more than asbestos claims. Environmental pollutants such as Agent Orange and pesticides, plus other occupational diseases caused from benzene, vinyl chloride, and others must be considered. A distinction must be established between product liability, environmental factors, and bodily injury. Benefit calculation requires review. Environmental injuries and product liability must be regarded as having limited no fault. The Crum and Forster report is limited in scope to asbestos claims and unacceptably recommends voluntary reinsurance pools for benefit capital. The Occupational Disease Compensation Act (H.R.) (3175) will probably be defeated due to insurance industry opposition and AFL-CIO's desire for broader legislation. Crum and Forster's plan ignores the tort liability system and H.R. 3175 briefly covers it. The situation should not be viewed as an either/or proposal - compromise is necessary. An alternate proposal would include a federal standards bill with a future active date for states who fail to update their plans.

Analysis, Criticism and interpretation, Insurance claims adjustment, Claims adjustment (Insurance), Insurance law

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Keeping the Lid on Soaring Medical Costs

Article Abstract:

Cost containment offers a hope for rising workers' compensation losses. Reviews for billing errors from the hospital is a basic and successful cost containment procedure. Comparisons of provider charges against state maximums often point out excess charges. Participation of a carrier in the worker's rehabilitative process is cost efficient because it helps the worker get back to work sooner thus closing the file. Often modifications in the work place or a new job are required. The Automated Transfer Skill Analysis helps in this process.

Health aspects, Economic aspects, Business losses, Claims (International law)

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Coping with the crisis

Article Abstract:

There are many ways companies can lower the human and economic costs of workers' compensation, which are estimated to be $65 billion in 1992. Employers should, for example, improve workplace safety and emphasize managed care. Safety can be encouraged by establishing incentive programs and training executives on safety management. Early intervention in work-related illnesses and personal contact with injured employees are other strategies companies can use to improve workers' compensation programs.

Fire, marine, and casualty insurance, Employer liability

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