January 2023
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Chief Executive Officer's Notes
Coming off the heels of a very successful 2023 Pest Ed, I want to thank those who attended both the Montebello and Sacramento events. We saw some of our highest numbers in Sacramento this year as in-person attendance continues to make a comeback. I also want to thank Sarah who put the event together beautifully, and Karen for her support in making it an absolute success. A huge thank you also to our sponsors who made Pest Ed possible and our dedicated affiliates who attended and supported the event. We got to hear from some fantastic speakers who provided important education and insight into the current state and the future of our industry. Make sure to mark your calendars for next January’s Pest Ed which is sure to be even better. Speaking of continuing education, be sure to register for the upcoming Termite Academy from February 8-9 at the University of California, Berkeley, and the West Coast Rodent Academy from March 15-17 at the University of California, Irvine. Registration is open now, and I look forward to seeing you there. Another important event that’s right around the corner is Legislative Day and the Board of Directors Meeting in Sacramento from March 20-22. We expect that each Director from every district will fulfill their responsibilities in attending as it is the first Legislative Day when we will be able to meet with our Legislators in-person in several years. Meeting with legislators and representing your districts is crucial to the success of PCOC. We look forward to seeing everyone in Sacramento. Finally, I want to give an update on our search for the next Executive Vice President. The search committee has spent time interviewing candidates and we greatly appreciate their effort in finding the right fit for the role. We have some terrific candidates and are looking forward to finalizing the process and making a decision soon. 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.
Legislative Update
For what is supposed to be a quiet time of year, there has been a lot happening. Let's start with Sulfuryl Fluoride (SF). There was a petition given to the California Air Resources Board (CARB) by the Center of Biological Diversity and Californians for Pesticide Reform to phase out SF because of its potential impact on climate change. Douglas has been engaged on this issue and has organized many groups, including PCOC and ag applicator groups as well as commodity groups and food processors, to help lay out the impacts of this petition to CARB. PCOC is actively engaged in these conversations and will keep you all updated. PCOC and Douglas have sent out a Voter Voice to the members to let your opinion be known to CARB about this issue. The other issue that has come up is the release of Proposed Interim Decision (PID) on all rodenticides (there are different documents based on the class of actives: one for anti-coagulant, one for acutes for structural, and two for acutes for ag). This is a federal issue so PCOC is also engaged with NPMA on this. PCOC will be submitting comments to the EPA and we are currently working on this. We have some questions on the science behind where some of these come from, specifically requiring a respirator for loose bait and will describe the impact that these will have on the industry. Here is a brief summary of what the PID’s propose:
We will be updating you on the progress of these issues. We appreciate all of your support for the association Darren Van Steenwyk, M.S., BCE
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 in 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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