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Employer Compliance 102. Mission. Get the “right” Policy Pay uninsured injured workers. Compliance. Education. Field Investigations. Section 57. IC-2. IC-2. IC-2. DOL. Carriers. Employers. Policies. Employers that don’t match a WC Policy are processed further.
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Mission • Get the “right” Policy • Pay uninsured injured workers
Compliance Education Field Investigations Section 57 IC-2
IC-2 IC-2 DOL Carriers Employers Policies Employers that don’t match a WC Policy are processed further Employers are matched with a WC Policy Inquiry Letter is sent §52-5 Penalty is assessed Referral is made to Collection Agency Judgment is filed
Dependencies Employer Files Carrier Files DOL Carriers IC-2 Uninsured Employers
IC-2 Dependent on Carrier Filing • Proof Of Coverage information was not being timely submitted by carriers. • Penalizing employers who are properly insured • Creates unnecessary work for the employer, the carrier and the WCB. Carriers Policies
POC Penalty • We educated, created reports, published their timely filed percentage on the web - no change in carrier behavior • POC penalty starts 3rd quarter 2009 • Attention received! • Created Performance Standard 85% • Created a POC Working Team
Independent Livery Driver Benefit Fund • Eliminated Independent Contractor argument for livery drivers • All bases in NYC, Nassau, Westchester must be members of ILDBF or have a full policy • Pays benefits to livery drivers while providing covered services for death, serious injury and injuries resulting from a crime
Second Leg-Field Investigation Compliance Education Section 57 Field Investigations IC-2
Stop Work Orders 7/07 – 12/07 1/08 - 12/08 1/09 – 12/09 1/10 – 8/10
Third Leg-Section 57 Compliance Education Section 57 Field Investigations IC-2
Fourth Leg-Education Compliance Education Section 57 Field Investigations IC-2
Section 50 Violations2000 - 2010 * Projected
Procedural Penalties • Procedural penalty billing system integrated into FMIS in October 2008. Seamless transfer of penalties from CIS and HPA into FMIS. • Quarterly billing statements are now issued to Carriers/Self-Insureds/TPAs/Attorneys • Receipts increased due to billing statements: • FY 07-08 $1.2 million • FY 08-09 $3.0 million • FY 09-10 $4.9 million
Procedural Penalties • Procedural Penalty Performance Improvement team • Who gets the penalty • Who gives the penalty
IMS IC2 Team