State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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Public Meeting of the Workers’ Compensation Commissioners

March 11, 2011

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June 3, 2011

A meeting of the Workers’ Compensation Commissioners was held on Friday, June 3, 2011 at 9:30 a.m. at the Office of the Chairman, 21 Oak Street, 4th Floor, Hartford, CT.

Agenda Topics

  1. Commissioners’ Bench Book
  2. Client Security Fund Payment due June 15, 2011
  3. Payor-Provider Insurance Seminars
  4. Minors in Settlements
  5. Commission Exam Policy and Letter Revisions
  6. Penalties and the Scheduling of a Designated Hearing Time and Site
  7. Settlement Cases and MSA Requirements
  8. Doctors Refusing to Perform Surgery under Group Insurance in Denied Workers’ Compensation Claims
  9. Medicare Set-Aside Agreements
  10. MSPRC
  11. Out-of-State Attorneys Practicing before the Commission
  • Executive Session

Minutes

A regular meeting of the Workers’ Compensation Commissioners was held on Friday, June 3, 2011 at the office of the Chairman of the Workers’ Compensation Commission, 21 Oak Street, Hartford, Connecticut. The meeting convened at 9:30 a.m. with all Commissioners present except Commissioner Delaney. Also present were Marvin Smernoff, Nancy Bonuomo, Vincent Flynn, Madeleine Lemieux, David Sims and Connie Rue of the Workers’ Compensation Commission; and Gardner Wright and Linda Passanisi of the Workers’ Compensation Advisory Board.

  1. Commissioners’ Bench Book
    1. Chairman Mastropietro acknowledged the dedication and hard work of the committee members who have been involved in the development of the Commissioners’ Bench Book which will be issued to all Commissioners later this year.
  2. Client Security Fund Payments due June 15, 2011
    1. Chairman Mastropietro reminded the Commissioners that all Client Security Fund Payments are due on June 15, 2011.
  3. Payor-Provider Insurance Seminar
    1. Chairman Mastropietro gave an overview of the Legislature’s actions over the past few years concerning timely medical treatment for workers’ compensation claimants. Recognizing the need for an official policy, and following two years of meetings with a committee of payors and providers, the Commission produced the “Payor and Medical Provider Guidelines to Improve the Coordination of Medical Services” which became effective on July 1, 2010. Two seminars have been held with medical office personnel. A third seminar is scheduled on June 29, 2011 at the Legislative Office Building for insurers. The Commission continues to monitor the number of hearings requested due to delayed medical treatment and is seeing definite progress across the district offices. Additionally, all new and renewal applications received by the Commission for managed care will require compliance with the guidelines. Although progress has been made, the Chairman reminded the Commissioners that they should continue to monitor the performance of both the payors and providers and rule accordingly.
  4. Claim settlements involving Minor children
    1. Chairman Mastropietro discussed the ongoing matter of the Commission’s responsibilities where minor children are involved in workers’ compensation settlements. A committee of interested Commissioners, probate judges, members of the Workers’ Comp section of the Bar will be planned in the near future.
  5. Commission Exam Policy and Letter Revisions
    1. Chairman Mastropietro announced that revisions and procedural changes have been made to the Commissioner Exam policy and cover letter to modify and clarify where reports and bills are to be distributed. Additionally, the letter will state that “forty-eight hours prior to the examination, the claimant must call the physician’s office to confirm the time and place of the examination” to confirm the physician’s address. The Commission continues to streamline this process to provide greater efficiencies for the claimant.
  6. Penalties and Scheduling of Designated Hearing Times and Sites
    1. Chairman Mastropietro emphasized the need for Commissioners to impose fines appropriately. Under consideration is the establishment of a penalty docket to allow sanctioned parties to present their case. Discussion was held about developing a procedure to manage contested fines. Further action was tabled for the next meeting.
  7. Settlement Cases and Medicare Set-aside Requirements
    1. The Commissioners discussed issues involving delays resulting from respondents unnecessarily pursuing Medicare Set-aside agreements.
  8. Doctors Refusing to Perform Surgery under Group Insurance in Denied WC Claims
    1. Commissioner Senich discussed problems where claimants with contested claims and group health insurance are being denied for surgery under their group plan. Chairman Mastropietro requested the name of the physician/surgeon for follow up. Further discussion ensued that a physician treating a claimant under their group health plan does not have to follow the deposition fee schedule in the Payor-Provider Guidelines.
  9. Medicare Set Asides
    1. Chairman Mastropietro presented correspondence from Attorney Stephen Embry commenting that the case of Hinsinger vs. Showboat Atlantic City holds that procurement costs do in fact apply to future Medicare costs including Medicare Set-aside agreements.
  10. MSPRC (Medicare Secondary Payer Recovery Process)
    1. Chairman Mastropietro presented an email from Attorney Angelo Sevarino regarding the MSPRC’s alert update stating that the issuance of the demand letter is temporarily suspended while it is under review and review of the Rights and Responsibilities letter (“RAR”) is complete with issuance anticipated to resume on June 10, 2011. The revised RAR will be made available on the MSPRC website (www.msprc.info)
  11. Out-of-state Attorneys Practicing before the Commission
    1. Commissioner Truglia raised questions about a specific out-of-state attorney and the agency’s policy on out-of-state attorneys practicing before the Commission. Chairman Mastropietro discussed the agency’s policy dating back to June 10, 2005 which he noted applies to claimants. Discussion was held. It was determined that further investigation needs to be performed so the Chairman can further address the issue.
  12. Workers' Compensation Advisory Board
    1. Chairman Mastropietro announced that Governor Malloy has appointed four new members to the Advisory Board. Their first meeting will be June 13, 2011.

There being no further business, Commissioner Schoolcraft made a motion to adjourn to Executive Session. Commissioner Salerno seconded the motion, which passed unanimously. The meeting was adjourned to Executive Session at 11:15 a.m.

Workers’ Compensation Commission

Page last revised: July 13, 2012

Page URL: http://wcc.state.ct.us/public-meetings/wc-commissioners/2011/06-03-2011.htm

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State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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