December 2022
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Member News
Chief Executive Officer's Notes
As we close out the year and look forward to all that 2023 holds, I know that with Chris Reardon’s departure, the future of PCOC is on many of our minds. I could not be more thankful for the seven members of our executive team who have each stepped up with tremendous contributions to keep the momentum going. We have met weekly to continue to progress in critical areas of the association and have been supported by our terrific staff members like Sarah Conrad who has been filling many shoes as we work to move things forward. During this transitional time, the executive team is hard at work amidst the search for a new Executive Vice President. With the help of a search consultant we have hired, we look forward to finding the right person to fill the role. Truthfully, though, I consider all of us a part of the search committee, so if you know any candidates you can recommend, I encourage you to get in touch with me. In addition to conducting our search, we have been working on getting the new office up and running. With the help of Jim Steed, Sean Bradley, Karen and Chris Grenz, Billy Gaither, and others, Sarah is working to make our new downtown office space a home for PCOC we will all be proud of for many years to come. We are looking forward to an Open House and Ribbon Cutting during Leg Days this March. We have also been handling all banking and accounts payable needs and are happy to report that the outstanding balance we owed PAPCO will be clean and paid this month. Importantly, we have also decided that the 2024 Expo will be held in Lake Tahoe as this plan has been in the works since January of this year. I am confident in this decision and look forward to a fantastic 2024 Expo following this coming year’s Expo in Monterey. Mary Hernandez and her team of Expo Coordinators are currently focusing on making the June 2023 Expo a great success, and with all the hard work going into it, there is a lot to look forward to! Finally, as we continue into the New Year, the entire executive team and I will continue to focus on the fundamentals of sound association management to position ourselves for a successful 2023 and beyond. Wishing you a Happy New Year, Greg Augustine Upcoming Events
CAPMA Monthly Insurance/Safety Tip
Stipulation When a workers’ compensation claim is settled by Stipulation, the employer and employee stipulate legally as to what exactly the industrial injuries are, which parts of the body are involved, and the amounts of the permanent or temporary disability payments (usually paid out bi-weekly in most states). It is also agreed that ongoing medical claims from the injury will be paid, if needed and as approved by designated personnel. The main benefit of a Stipulation agreement is that it allows "both parties to voluntarily agree to a settlement without the need to take the work comp case to court and wait for the judge to make a decision following a hearing or trial,” according to the website MyAttorneyHome.com In many states, including California, for example, a Stipulation also allows an injured worker to:
A Stipulation may also require an injured worker to adhere to certain conditions in order to continue receiving compensation. Violating this aspect of a Stipulation can be costly. Here’s an example... A workers’ request for reimbursement for a back surgery that was medically necessary was denied by a Florida appellate court in early January 2022 because in obtaining the surgery, the employee failed to follow the terms of a Stipulation agreement. The city of Hialeah, Fla., accepted liability for the injured firefighter and agreed to pay his medical expenses. However, the Stipulation agreement between the firefighter and the city specified that the city would only pay medical expenses if they were first approved by the city’s doctor. The firefighter proceeded to undergo spinal fusion surgery without obtaining authorization first from the city’s doctor and then applied for reimbursement. Even though the procedure was medically necessary, the prior approval requirement of the stipulation was not met, so the reimbursement was denied. The appellate court upheld the verdict. Compromise and Release Under a Compromise and Release (often referred to in the lingo as a "C&R”) the injured worker and employer/insurance company agree that no matter what the injury is and no matter what the state workers compensation schedule says the medical and indemnity payouts for the injury should be, the insurance company will make a lump sum settlement to resolve the entire case. This is calculated based on future permanent or temporary injury payouts and also typically includes an estimate for all future medical treatment. Upon payment of the lump sum, the insurance company is absolved of or "released” from any future liabilities for the case. Keep in mind these definitions apply only broadly and there are a lot of variables, depending on the state’s workers compensation regulations and individual circumstances. Also, as a practical matter, workers’ compensation claimants faced with the choice of a Stipulation, or a Compromise & Release often obtain counsel from applicant workers comp attorneys to decide which alternative will best suit them. For more information or help, contact the Insurance professionals of EPIC’s PCOC Insurance Program.
PCOC Leadership Lens
"Successful leaders are learners. And the learning process is ongoing, a result of self-discipline and perseverance. The goal each day must be to get a little better, to build on the previous day’s progress.” - John C. Maxwell If you have ever received an email from me, you will notice I include a phrase at the very bottom that is both a proclamation and a reminder: "Celebrating Progress, Not Perfection.” I love this statement because it reminds us to celebrate progress, even if we are still a long way from accomplishing our goal. Every step in the right direction matters. Every victory gets us a little closer to the ultimate goal and provides motivation for the next step. Plus, if we waited until perfection, none of us would ever be doing much celebrating. Today, I want to celebrate some progress with you. At our recent Board of Directors meeting in Palm Springs, our president Greg Augustine realized the immensity of all the items the Executive Committee needed to discuss. He scheduled an all-day meeting for Wednesday, Nov. 30. We started the meeting between 7:30 and 8:00 a.m., had a working lunch, and finished between 5:30 and 6:00 p.m., just in time to go to dinner. Realizing we still had much to discuss, we met again on Thursday morning at 7:30, with that meeting going until after 1:00 p.m. As the Executive Committee, it is important to us, and imperative to PCOC, that we move forward in a positive direction, and that happens one step at a time. I am thankful for Greg and the entire Executive Committee for their commitment to ensuring we take the necessary steps. Two big steps we took were deciding to catch up on all past-due payments to PAPCO, and to forward district dues on to each individual district. We’d like to move forward with a commitment to stay current with both from here on. We also heard from our accountant that we are incurring extreme risk by not properly including district monies as we report and disclose our financials. This led to our request to have each district participate in online banking and to share the password for a ‘read only’ view of their financials with our accountant. With this, our accountant can properly account for all PCOC money received and expensed, keeping us in compliance. Thanks in advance to each district for helping the Association reduce any labilities for non-compliance. As leaders in PCOC, I believe we must all be committed to improving a little bit each day. I refer to this as having a Growth Mindset, and it is one of the things that will ensure one is able to reach their full potential as a leader. As leaders, we can create a culture of positivity and growth in PCOC, and in our businesses. As my friend Garland Vance shared with us at our last Expo, we create culture two ways:
As we continue the process of improving PCOC, focusing on Membership Growth, and ensuring we move forward in a positive direction a little every day, it is imperative that we are purposeful and intentional about creating a desired culture that rewards and recognizes a growth mindset and persistent progress. When personal growth and leadership development are valued, resourced and rewarded, growth is inevitable. What ideas do you have for helping us grow our membership? "The higher you want to climb, the more you need Leadership. The greater the impact you want to make, the greater your influence needs to be.” - John Maxwell If you have Leadership ideas you’d like to share, or a topic you’d like to see explored in a future PCOC Leadership Lens, I’d love to hear from you. All the best! Frequently Requested Information
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