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JANUARY 2021Vol. 20, No. 1 • Bi-Monthly Issue
Risk & Safety Tips from theILLINOIS PUBLIC RISK FUND
3333 Warrenville Rd.Lisle, Illinois 60532Cost Control Through Cooperation Since 1985
IPRF.com
ILLINOIS PUBLIC RISK FUND
ISSUES
COVID-19 Claims and Implications
of Vaccine Development
IPRF Member of the Year:
City of Murphysboro, IL
COVID-19 Workplace Ventilation
MedRisk Physical Therapy
IPRF Member Holiday Photos
RISK REMINDER: Snow Shovel Safety
Risks To Firefighters Beyond The Blaze
HURT ALERT: Patient Movement/Bariatric
IPRF Announcements
IPRF Claims & Loss Control Directory
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. . . . . . . . . . 5 & 6 . . . . . . 7
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INSIDE THIS ISSUE:
202120212021202120212021
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In general, the new Statute, signed into law in June, created a presumption that employees who are diagnosed with COVID-19 are presumed to have been exposed to the virus in the workplace.
An employer can rebut the presumption in one of two ways. First, an employer can present evidence that there is some alternative source for the exposure (an ill family member, travel to a known “hot spot” without precautions, etc.). Second, an employer can present evidence demonstrating that in the fourteen days prior to the diagnosis, it was diligently complying with industry-specific guidelines from the Centers for Disease Control (CDC) and Illinois Department of Public Health (IDPH).
The question to be considered is whether the anticipated roll-out of vaccine alters the landscape of the presumption or changes the way the defense of COVID-19 claims is presented. The short answer is that a lot depends on future developments in the Illinois legislature. First, the current statute, as enacted, only applies to diagnosed cases through December 31, 2020. We anticipate the legislature will extend that deadline, but that will not occur until the Spring session. This means that there will be a period of time during which claims will technically not be covered by the statute, but will likely be retroactively included in future action by the legislature. Our overall take-away is that we should continue to investigate and defend claims as though the presumption still exists.
Under the current framework, the fact that vaccines may become readily available does not directly change the presumption. Because the vaccines will not be 100% effective, and because there will be a lag time in getting vaccines to all citizens, employers will likely still see positive cases among their work force. Those cases will still be subject to the same burden of rebutting the presumption (alternative source of exposure or diligent compliance with CDC/IDPH guidance) regardless of the availability of vaccines. Arguably, if widespread vaccination is available for your workforce, it may serve as evidence of compliance with appropriate guidance, or may be evidence that argues in favor of an alternative source of infection. We would direct you to consult with your
employment counsel on whether a mandatory vaccination policy is appropriate and lawful for your specific workforce.
Further, there will be great interest in the implications for employees who are offered the vaccine, but decline. This issue is also likely to gain legislative attention. The Workers Compensation system was designed, in part, to eliminate the concepts of contributory negligence and comparative fault. Therefore, unless the legislature takes steps to amend the presumption in such a way to exclude employees who are offered the vaccine but decline it without legitimate basis, the refusal to be vaccinated likely would not preclude a claim for compensation.
The availability of vaccines will hopefully result in a significant reduction of virus cases in general. It may take time, but the risk of exposure to your workforce (and accordingly, the risk of related claims) should see a steep decline. However, it remains to be seen whether the landscape under the COVID-19 rebuttable presumption will be changed as a result. Similarly, we will need to monitor any future implications on the investigation and defense of COVID-19 claims.
The past nine months have brought about sweeping changes in the landscape of workers compensation claims as a result of the COVID-19 pandemic. First the Illinois legislature created an entirely new statutory presumption of compensability for COVID cases. We have begun to see the influx of claims resulting from that change in the law, and it has created a challenging environment for municipal entities. Now, with the development and distribution of vaccines for the virus, there may be further implications going forward that need to be considered.
Written by John P. Fassola
Areas of Practice: Litigation Defense,Insurance Defense, andWorkers’ Compensation Defense
COVID-19 CLAIMS AND THEIMPLICATIONS OF VACCINE DEVELOPMENT
1-844-522-6082 | Email: [email protected]
24/7/365 CLAIMSREPORTING
Illinois Public Risk Fund
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The Illinois Public Risk Fund Recognizes
CITY OF MURPHYSBORO as the
2019 IPRF MEMBER OF THE YEAR!
Will Stephens, MayorCity of Murphysboro
IPRF Loss ControlConsultant Brad Hoffman
IPRF Executive DirectorRobert Buhs
MEMBER OF THE YEARAWARD
CITY OF MURPHYSBORO
2019
Illinois Public Risk Fund
Presented to
In recognition of your outstanding efforts to promote injury and illness
prevention programs and for ongoing excellence in processing claims
within your organization.
The Member of the Year Process
For 2019, the City of Murphysboro, in Jackson County has achieved the recognition of being the 2019 IPRF Member of the Year. The City of Murphysboro administration and staff have exhibited their commitment to reducing workplace injuries by conducting regular safety training programs, having an active safety committee, and implementing programs that prevent workplace accidents. In recognition of their claim’s management, the City of Murphysboro has done an exceptional job of being proactive, responsive, and very timely when managing and handling a work-related injury claim. And just as important, they have exhibited both compassion and a positive approach to their injured employees during their recovery period. They ask tough, but fair questions, and they conduct their own investigation that is very detailed. By far the best light duty program. The IPRF
Claims Team has stated that the City of Murphysboro provides us with a detailed report on every claimant and claim which helps us to provide better service. They would benefit by using ICE for reporting purposes. This process assigns a claim to a claims advocate faster, which allows IPRF to begin the investigation process sooner.
On a yearly basis, both IPRF Loss Control and Claims Division representatives nominate one of the IPRF member agencies from their regional territory. To achieve this honor, IPRF members must have an effective safety program in place, as well as an efficient claims management process. Most notable criteria include: member must actively promote safety awareness at every level of their organization, they should have an active Safety Committee that reviews employee accidents and recommends safety improvements and they should be continuously involved in managing their claims. Other qualifying criteria include a loss ratio under 25% and IPRF membership of five or more years.
Their risk management philosophy is simple, we take workplace safety seriously and strive to do our very best at minimizing our risks. Through our Safety Committees, we provide safety training, educating and safety inspections. We want to apply the value of safety in every part of their learning experience.
2019 Member of the Year
Every year, in the month of March, the Illinois Public Risk Fund, a public entity workers' compensation program, recognizes a member agency from the 745 members that has had the greatest success in lowering workers' compensation losses and managing their claims. But this year, the COVID-19 outbreak has caused disruptions in recognizing and awarding the 2019 IPRF Member of the Year award until November of 2020.
Congratulations to the
City of Murphysboro!
2019
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OUR BUSINESS ISYOUR WELL BEING
successfully serving public entities since 1985.Workers’ Compensation,
Illinois’ largest self-insured pool for IPRF has continuously received the highest
financial stability rating “AAA” Unsurpassed.
ILLINOIS PUBLICRISK FUND
www.iprf.com
AA A
• Remove or redirect personal fans to prevent blowing air from one worker to another.
• Ensure all HVAC systems are fully functional, especially those shut down or operating at reduced capacity during the pandemic.
• Use HVAC system filters with a Minimum Efficiency Reporting Value (MERV) rating of 13 or higher, where feasible.
OSHA is committed to protecting the health and safety of America’s workers and workplaces during these unprecedented times. The agency will be issuing a series of alerts designed to keep workers safe. Ensuring adequate ventilation throughout the work environment can help to maintain a safe and healthy workplace. Employers should work with a heating, ventilation, and air conditioning (HVAC) professional to consider steps to optimize building ventilation. An HVAC professional can ensure that the ventilation system is operating as intended.
• Encourage workers to stay home if they are sick.
The following tips can help reduce the risk of exposure to the coronavirus:
• Consider using portable high-efficiency particulate air (HEPA) fan/filtration systems to increase clean air, especially in higher-risk areas.
• Be sure exhaust air is not pulled back into the building from HVAC air intakes or open windows.
• Make sure exhaust fans in restrooms are fully functional, operating at maximum capacity, and are set to remain on.
• Increase the HVAC system’s outdoor air intake. Open windows or other sources of fresh air where possible.
• When changing filters, wear appropriate personal protective equipment. ASHRAE recommends N95 respirators, eye protection (safety glasses, goggles or face shields), and disposable gloves.
• Encourage workers to report any safety and health concerns.
For more information, visit www.osha.gov/coronavirus or call 1-800-321-OSHA (6742).
For any question, please contact your claim advocate or reach out to MedRisk at 800-225-9675.
IPRF utilizes MedRisk for all physical therapy referrals. They deliver step-by-step instructions for the most efficient and effective care, dynamic provider scheduling, patient education and superior service. MedRisk schedules the therapy, provides driving instructions and answers any questions.
MedRisk can assist with various types of care including occupational therapy, aqua therapy, certified hand therapy, work hardening, work conditioning and functional capacity evaluation.
IPRF is here to assist all workers who are injured on the job. One way we assist is by facilitating the best care. Physical therapy is a vital and essential tool in recovery for various injuries.
COVID-19 GUIDANCE ON VENTILATION IN THE WORKPLACE
Room SizeHEPA Filtration System
PHYSICAL THERAPYBY MEDRISKILLINOIS PUBLIC RISK FUND
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IPRF
The Santa sleigh was built by our Recreation and Parks staff for our “Santa Sleigh Visit” program, in which Santa stopped by residents homes to give children gifts and well wishes for the Holidays.
The first photo is our staff and the second is Santa and Mrs. Claus. Santa himself was one of our sleigh builders!
Photos of the South Elgin & Countryside Fire Protection District’s New Station 21 at Christmas. Submitted by Britta Eggebrecht
Coles County Memorial AirportEstablished in 1953
A photo of their Christmas snowplow.Submitted by Andrew Fearn CM, Airport Manager
The photos above were taken at our Lighting Ceremony held on December 5th. We had Santa do a drive by on a “sleigh” to turn the lights on in our downtown area. Residents were asked to social distance and wear a mask as Santa came down Main Street. This year we had over 300,000 lights up in our downtown area!
Submitted by Darla Hurley, Deputy Village Clerk/Exec. Asst.
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IPRF
Palatine, Illinois
The photos below were submitted by Kelly Sisco, CPRP, Superintendent of Recreation in Palatine, Illinois. Photos include Santa Zoom Videos, Kris Kringle Caravan, You’ve Been Elfed, plus photos of the Park District in a pristine blanket of snow.
Santa Zoom Session Kris Kringle Caravan Kris Kringle Caravan
You’ve Been Elfed!
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ILLINOIS PUBLICRISK FUND
RISK REMINDERRISK REMINDERRISK REMINDER
SNOW SHOVELING SAFETYSNOW SHOVELING SAFETYSNOW SHOVELING SAFETY
IPRF Reminds You To Think Safety, Work Safely and Be Safe!
• Before you start shoveling, move and stretch your muscles to warm them up.
• Li� smaller loads of snow.
• Li� with your legs bent and your back as straight as possible.
• Push the snow whenever possible rather than li�ing it.
• Take it slow. Shoveling can raise your heart rate and blood pressure drama�cally.
• Drink plenty of water, avoid dehydra�on.
• Most importantly, listen to your body. Don't shovel to the point of exhaus�on. If you are out of breath, take a break. If you feel �ghtness in your chest, stop immediately.
• Layer your clothing to keep muscles warm and flexible.
• Avoid caffeine and nico�ne before beginning to shovel, as s�mulants, they may increase your heart rate and cause your blood vessels to constrict.
Be heart healthy and avoid back injuries this winter by following these shoveling safety �ps:
• Take frequent breaks.
• Step in the direc�on you are throwing the snow. This will help to avoid twis�ng your lower back.
• Use a shovel with a handle that is long enough to let you keep your back just about straight when li�ing. An ergonomic shovel with a bent handle is be�er than one with a straight handle.
Shoveling snow is very hard work. It can cause muscle strains and back injuries, especially if you do not li� properly. It can also put severe stress on your heart and may even result in a heart a�ack.
USING IPRF RX CARDSFOR WORK INJURIES
Did you know that you can use an IPRF Rx card to pay for prescription drugs related to a covered work injury? In order to provide the best claims experience to IPRF injured employees, IPRF partners with CastiaRx, to provide customized Rx cards for employees who require prescription drugs. The card can be used at all major retailers and will cover 100% of the work related prescriptions. When you file a claim with your employer, they will provide you with all the information needed to fill your first prescription. You will then receive a personal card in the mail a few days later. This card can then be used throughout the life of your claim to pay for all prescriptions, related to the work injury. Please contact your IPRF Claim Advocate with any questions on Rx cards or for any assistance with your claim.
An ergonomic shovelwith a bent handle isbe�er than one with a straight handle.
Samplesof ergonomicsnow shovels
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RISKS TO FIREFIGHTERSGO WELL BEYOND THE BLAZE
Finally, at what point do presiding courts look at firefighters suffering from cancer caused by exposure to the toxic chemicals in AFFF-containing products and say “you knew of the risk.” There is plenty of reason for firefighters and their cities, towns, villages, fire departments, fire districts and insurers to pay very close attention to developing AFFF-related litigation.
In recent years, it has been discovered that the very tools firefighters use to battle fires – such as the textiles that make up their gear – may cause serious harm to their bodies. Aqueous film-forming foam, also known as “AFFF,” is used by firefighters to fight fires. However, studies now demonstrate that exposure to the chemicals found in AFFF can result in various types of cancer.
The litigation brought by Gentile, McGarry and O’Keefe is not the only litigation pending wherein claims are made against the manufacturers of AFFF-containing products. In Michigan, Attorney General Dana Nessel filed lawsuits against nearly three-dozen companies that manufacture AFFF. The lawsuit brought by Gentile, McGarry and O’Keefe, as well as the lawsuits filed by Michigan’s Attorney General, will be important to observe for several years to come to determine whether the manufacturers of AFFF-containing products knew or should have known about the detrimental side-effects such products could cause firefighters.
It is well-known that firefighters put their physical well-being on the line every day. Firefighters battle blazes and other catastrophic events in an effort to keep the populations in their cities, towns, villages and counties safe. Yet, what is not as well-known is the fact that firefighters face dangers well-beyond battling catastrophic events.
The complaint details side effects suffered by firefighters from exposure to toxic chemicals – perfluorooctane sulfonate (PFOS) and perfluorooctanioic acid (PFOA) – found in AFFF. PFOS and PFOA are associated with serious health conditions in humans. These conditions include, but are not limited to, kidney cancer, testicular cancer, ulcerative colitis, thyroid disease and liver dysfunction. The clothing worn by firefighters, which is referred to as “turnout-gear,” is made with fluoropolymer textiles and treated with PFOS and/or PFOA for water resistance. This enables firefighters gear to avoid becoming soaked while being used.
This article was written by Joshua Rosenzweig, IPRF Legal Counsel. For more information, contact Josh via email: [email protected], or call (630) 682-0085.
Moreover, another important aspect of the AFFF-litigation to consider is how the turnout gear manufacturing industry may adjust. For instance, will turnout gear manufacturers be able to find new, safer ways to protect the brave women and men that put their health and safety on the line for the people in their cities, towns, villages and districts? And, what if a more protective product cannot be discovered? How does that change the way fire departments and fire protection districts perform their vital public-safety services?
In New York, three firefighters, on behalf of a class of similarly-situated individuals, have filed a lawsuit against 28 companies involved in manufacturing and selling AFFF. Thomas Gentile, an active firefighter, developed testicular cancer after exposure. Tommy McGarry, a retired firefighter, suffers from chronic fatigue, heart disease and high cholesterol. And Charles O’Keefe, a firefighter with the Stewart Air National Guard Base Fire Department is not currently suffering from any illness, but understands he is at an elevated risk to develop serious health conditions. In the lawsuit, which was filed in federal court, the plaintiff-firefighters are asking that manufacturers of AFFF be held accountable due to the inadequate warnings and instructions regarding the proper methods for handling and storing AFFF.
Studies demonstrate that the claims of Gentile, McGarry and O’Keefe are well-grounded in scientific fact. In 2017, Graham F. Peaslee, a chemical physicist at the University of Notre Dame, began studying the connection between firefighter turnout gear – the jackets and pants worn by firefighters – and exposure to AFFF. Peaslee was contacted by the spouse of a Massachusetts firefighter who had been diagnosed with advanced prostate cancer.
In the course of his study, Peaslee determined that while the exterior aspects of turnout gear remain intact, there is significant fabric decay on the inside of the gear. The inside of the gear, over time, would shed toxic materials directly onto the firefighter wearing the gear. After studying more than 30 used and unused sets of turnout gear, Peaslee found that turnout gear contains the “most highly fluorinated textiles” he had ever seen.
But, the breakdown of the inside of turnout gear is not the only way firefighters come into contact with the harmful substances. PFOS and PFOA are also found on the outer shell of the turnout gear. Researchers found the harmful substances on their hands while holding the turnout gear. Considering the amount of times a firefighter may wear the same turnout gear during her/his career, the chemicals associated with AFFF could be readily ingested or inhaled unwittingly.
The complaint asks for punitive damages due to the defendants manufacturing, marketing, and selling AFFF used by the firefighters in the course of their employment. The complaint also asks that the defendants make a declaration that they acted with negligence, gross negligence, and willful, wanton and careless disregard for the health and safety of firefighters.
Page 9
Purpose: The purpose of the HURT ALERT is to inform our members of a recent incident in which a Member’s employee was or could have been seriously hurt. IPRF encourages all members to review the HURT ALERT and analyze if any corrective measures are needed within your organization. Our goal is to prevent the re-occurrence of a similar incident.
Topic: Patient Movement – Bariatric Patients
Photographs: The pictures below illustrate the various patient lift/movement assist equipment available.
Accident Description: The IPRF Membership experiences several incidents of muscle/back strains due to moving, maneuvering and transporting bariatric patients. Moving patients on and off of stretchers, moving patients down stairs, maneuvering patients on the ground to position to lift.
1. IPRF Loss Control Manual: Section 40 – EMS Patient Movement and Transfer 2. IPRF Loss Control Manual: Section 33 – Manual Material Handling
d. Enforce the use of lifting equipment, and two (or more) person lift techniques.
2. Provide proper training:
Potential Discussion Points/Preventative Action:
a. Provide general safe lifting training on a regular schedule.
Should you be interested in receiving any additional information, please contact your IPRF Loss Control Consultant or email our Loss Control Department at [email protected]
e. If available, call for additional assistance. A multi-person lift procedure should be mandatory for bariatric patients, or lifting heavy objects.
1. Be ready for the lift: a. Conduct an on-site analysis to determine what mechanical lifting/movement equipment can be used instead of manually lifting bariatric patients or heavy objects.
d. Place yourself in the best safe lifting position possible (bend knees, straight back, use legs).
f. If available, use patient's in-home mechanical lift devices to assist.
c. Keep yourself in good physical condition to lift a bariatric patient or heavy object.
b. Provide employee training on patient handling/movement safe lifting procedures for bariatric patients.
c. Provide training on the proper operation and uses of the lifting equipment available to employees.
References:
b. If patient is stable, take time to stretch and loosen muscles prior to attempting to lift a bariatric patient or heavy object.
HIGHLY URGENTREMEDIAL TRAINING
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The information contained in this newsletter has been obtained from sources believed to be reliable, and the editor has exercised reasonable care to assure its accuracy. However, the Illinois Public Risk Fund (IPRF) does not guarantee that the contents of this publication are correct, and the statements attributed to other sources do not necessarily reflect the opinion or position of IPRF.
TOLL FREE: 1-888-532-6981Toll Free Fax: 1-888-223-1638
ILLINOIS PUBLICRISK FUNDCost Control Through Cooperation Since 1985
The Illinois Public Risk Fund (IPRF)is dedicated to its members and is always working toward higher levels of service.
HOW CAN WEBETTER SERVE YOU?
We need your input on:
• Safety Concerns • Claims • Loss Control • Timeliness of Claims Processing • Helpfulness & Courtesy of Our Claims Team
Please contact Robert M. Buhs IPRF Executive Director
(708) 935-9979 or email: [email protected]
ILLINOIS PUBLICRISK FUNDCost Control Through Cooperation Since 1985
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Back issues available online at: www.IPRF.com
3333 Warrenville Rd., Suite 650, Lisle, Illinois 60532
1-844-522-6082Email: [email protected]
24/7/365 REPORTING CLAIMS
IPRF is privileged to have such a collective group of experienced and ambitious leaders to guide our organization. Their mastery efforts surrounding insurance has truly driven us to great heights.
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ANNOUNCEMENTS
IPRF Team Member Birthdays
Celebrating IPRF Anniversary
• Terry Berger ~ 8 Years• Mariannina Dvorak ~ 3 Years• Thalia Nevels ~ 12 Years• May Soo Hoo ~ 15 Years
• Glenn Macey • Nancy Radzienta• Jeff Swanson • Sherise Williams
