Declarations

March 24, 2008

Seatbelts Are Important

“Airbags should be used in conjunction with seatbelts to minimize the risk of cervical spine fractures and spinal cord injuries associated with motor vehicle crashes,”

Dr. William F. Donaldson III of University of Pittsburgh and colleagues comment on a recent report that stresses the importance of using seatbelts. The study concluded that in motor vehicle crashes resulting in airbag deployment, drivers and passengers who are not wearing seatbelts are at higher risk of cervical spine (neck) fractures and other spinal cord injuries. The rate of cervical spine fractures was 54 percent in drivers using an airbag only, compared to 42 percent for drivers using both an airbag and seatbelt. The report was in the March 15 issue of Spine.

Agency Shake-up

“It represents that I was retaliated against for cooperating with law enforcement. … They sent a clear message to me, and to every state employee … they’d better keep quiet, or else.”

James Long, North Dakota’ workers’ compensation agency’s former chief of support services provides his perspective on being dismissed in a recent shake up at the agency. Long, the agency’s chief of support services; Kay Grinsteinner, its internal auditor; and Billi Peltz, its human resource manager, were dismissed their attorneys said. In a statement, the agency said Long’s job has been eliminated “to accomplish a flatter organizational structure.”

Grinsteinner, Peltz and Long had previously requested protection against job retaliation at the agency for disclosing what they believed to be wrongdoing or questionable practices. Workforce Safety provides insurance coverage for employees who are hurt on the job.

Two other positions, the director of premium audit and collections and an executive job in charge of leadership and organizational excellence, also have been abolished, the agency said. The positions will be transferred to WSI’s medical services department. A consultant’s report on Workforce Safety’s management and personnel practices recommended that Workforce Safety shrink its number of upper-level managers, and specifically suggested elimination of the leadership position.

To Cap or Not

“The state’s taking a risk, by placing this cap, of getting rid of the caps for all cases. … And if they put our clients in a position of having to pursue it, we unquestionably will have to pursue it for their sake.”

Chris Messerly, an attorney with Robins, Kaplan, Miller & Ciresi comments on behalf of victims in the debate between the Minnesota House and Senate over the amount to compensate those injured or killed in the Interstate 35W bridge collapse. The Senate is offering $25 million which kicked off delicate negotiations with the House over its $40 million plan. The most significant question revolves around whether to cap compensation to individual victims, as the Senate bill would do. It sets $400,000 as the upper limit, while the House version has no cap. Victims and their lawyers say the cap would leave the most severely injured and those who lost family members who supported them financially with big uncovered losses. If the cap becomes law, one attorney predicted it could prompt victims to reject settlements and sue to overturn Minnesota’s long-standing liability limits. The Minneapolis freeway bridge collapsed on Aug. 1, killing 13 and injuring 145.

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Insurance Journal Magazine March 24, 2008
March 24, 2008
Insurance Journal Magazine

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