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Volume 4, Issue 17
 
(323) 275-2100 | Busted@dmaclaims.com | www.dmainvest.com
 
 
 
 THE LEGAL ARENA
 
AOE/COE Investigations - Getting the Most for Your Money
 
      We mainly think of an AOE/COE investigation as a means to determine whether the claimed injury or disability of an employee is industrially caused, and if it appears to be genuine. Such an investigation is a vital and necessary tool but it can also help in additional areas. As long as the AOE/COE investigator is being paid to be at the employer and/or employee location, the more things that can be done with that opportunity, the more "bang-for-buck" you can squeeze out of that expense. Here are some areas that the investigator can explore, to extract as much savings as possible for the file:

      Subrogation - An AOE/COE investigator can conduct a subrogation investigation, as applicable, concurrent with the AOE/COE investigation. The investigator will usually be at the place of employment, and can observe the workplace area where the injury occurred, and be alert to any sources of subrogation recovery. He or she can then collect information, photographs, documentation and witness statements while memories and evidence are both still fresh.

      Pre-Surveillance - It may be that some cases are eventually selected for surveillance. Surveillance is most effective when the surveillance investigator has as much information as possible about the subject, and a clear idea of the restrictions and claimed disabilities. An AOE/COE investigator can obtain a photograph of the employee at the time the employee's statement is taken, and can nail down information as to their current address, their daily routine, what activities they used to do, but now cannot, etc. This can help establish a "baseline" of what the employee's representations are regarding their claim, so that any departures from that which are seen in surveillance can clearly be seen as a potential misrepresentation. Knowing the employee's general routine and habits allows the surveillance investigator to choose the most potentially effective times for investigation, thus saving money on surveillance expenses.

      Detect Potential Medical Provider Fraud - Medical provider costs in workers compensation claims are an area of potential fraud and that fraudulent activity can be very costly. Sometimes providers do not render all the treatment for which they bill. Sometimes providers have unlicensed or unqualified persons administering the treatment. In cases where the employee is treating at the time their statement is obtained, it can be revealing to ask about what kind of treatment they are receiving, what the frequency is, and who exactly is providing the treatment. When you receive the medical bills and reports, you are somewhat forced into the position of taking the medical provider at his/her word regarding what procedures were done, who provided it, how often they were done, etc. By checking with the purported recipient of this treatment, you may find that procedures that were billed for were not actually performed, or that procedures were performed by unlicensed, unauthorized persons, or that certain procedures were "upcoded" (a more expensive procedure was billed for than what was actually performed).

      Mitigate the Claim - One of the best ways to reduce the cost of a claim is to create a cordial, cooperative and non-adversarial frame of mind with the employee. Having an investigator

 


investigator meet with the employee, establish a rapport, and create an atmosphere where the employee feels that his/her claim is being given all the importance it is due, can go a long way towards reducing the overall cost of a claim.

      Deter "Claim Creep" - We've all seen cases that start small and keep growing. A sore finger can then becomes a sore arm, then the shoulder is included, and so on. A statement of the employee as soon as possible in the claim can inquire about all possible presenting symptoms, complaints, and disabilities. The statement can also rule out any other symptoms than those being presented. This helps to cement and solidify the employee's complaints, which may help to prevent "claim creep" where additional complaints and disabilities are added on as treatment progresses. Some of these later complaints may not be clinically consistent with the lack of any symptoms at the time of the statement. Additionally, a face-to-face statement in a timely fashion by an investigator who can generate a rapport with the employee can make the employee feel that they are getting appropriate attention to their claim, and thus help generate a cooperative tone to the claims process.

      Everyone is looking to save money and expenses in these restrictive economic times. Getting an AOE/COE investigation done that covers all the angles may be one of the best investments you can make. DMA Investigations is capable to exploring and nailing down any or all of these claim elements to assist you in making fast, fair settlements.

Brad Balentine
VP Investigations
DMA Claims Services

 
     
  WORKERS' COMP NEWS
 
New State Report Cards Released by Work Loss Data Institute
 
By Work Loss Data Institute
 
      Encinitas, CA - Work Loss Data Institute (WLDI) announces the release of the much-anticipated 2009 State Report Cards for Workers' Comp, using the most current data available at this time. The report cards help employers, insurers, TPA's, state governments and consultants answer the questions, "Who is doing well and why?"

      WLDI's State Report Cards are based on data from OSHA Form 300's and 200's, which cover all OSHA recordable injuries and illnesses and provide the basis for rating state-by-state workers' compensation performance. The 2009 release adds four more years worth of data (2003-2006) to the rankings, which makes for a total of seven years of data since it includes statistics collected in the last publication, which was released in 2004
.
 
US Map by Most Recent Grades

US Tier Rankings by State

SOURCE: 2009 Work Loss Data Institute
   
     

 

FRAUD CHRONICLES – Tales from the Front Lines

Insurance fraud is a significant factor in insurance costs. Estimates of insurance premium devoted to paying fraudulent claims range from 5% to 30% and any of these percentages translate into billions of dollars lost.

The front line in the fight against many types of insurance fraud is the field investigator, armed with digital camcorder and telescopic lens. Here is where the truth as to physical condition and claimed disability can be found.

To obtain a copy of Fraud Chronicles: Tales from the Front Lines, please go to the following URL: http://www.dmainvest.com/fraudchronicles

 

 BUSTED: Victories for Truth, Justice, and Lower Insurance Premiums
 
Weathering Unfavorable Weather Conditions
 
       Read the full article here.
     
     
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