Little-Known OSHA Regulation May Benefit Workers Comp Cost Containment.

Daniel Miller of MPH Consulting explains the possibility for employers to take a whole new approach to workers’ comp cost containment based on an OSHA regulation that allows an employer to require injured workers to undergo a prompt medical exam outside of the workers’ comp system and to obtain the release of prior medical records.

Most employers are unaware that they can utilize this little-known and virtually untried regulation that allows for employers to pay for second medical opinions under OSHA recordkeeping requirements and regulations. The regulation can be found in §§ 1904.7(b)(3)(ii) and (b) (4)(viii).
There are two major facets to this statute. First, employers must pay 100% of the medical exam costs outside of the workers’ comp system. Second, insurance companies and third-party administrators (TPA)s cannot schedule such exams or pay for such exams because they cannot work outside the state workers’ comp system.
The costs of such exams are not included in an employers’ overall workers’ comp claim costs, nor are they included in experience modification calculations. The costs for such a program would have to come out of another budget, like risk management or safety.
Of major significance is that, while the regulation states such exams are outside workers’ comp regulations, with proper procedure they and the related medical records are discoverable. They may be released and used in workers’ comp claim adjudication.
Further review of this approach and the implicated issues can be read here.

Fidens Appoints Director of Life & Health

Fidens Insurance Brokerage has recently appointed Daniel Campbell as its new Director of Life & Health. Daniel will spearhead the Strategic Employee Benefit Services to provide exceptional employee and executive benefits to clients. He is committed to cultivating and managing significant perennial relationships within the corporate and public sectors. Daniel comes from a venerated career that encompasses Health, Disability, Life insurance, Succession Planning and Risk Management planning. He holds a Bachelors in Finance from Iona College and is a committed member of the National Association of Health Underwriters. His comprehensive background is integral to extensively fleshing out Fidens acclaimed risk management programs. Moreover, being a respected partner in the Olson Financial Group empowers Fidens to continually build a highly proficient Employee Benefit practice that is uniquely tailored to each clients precise situation.
Daniel Campbell expressed: “It has been an honor to work closely with many of Fidens clients in the past. Being appointed the Director of Life & Health will now establish an unparalleled Employee Benefit practice through procuring the best products, solutions and technologies for clients’ overall risk management programs.”

A D&O’s Success on “the Merits or Otherwise” Should Eliminate Insurance Company Attempts to Recoup D

Some insurance companies have argued that “improper” advancement of defense costs by the corporation pursuant to corporate indemnity statutes somehow permits the insurance company to “recoup” defense costs they previously advanced by re-litigating the policyholder’s entitlement to defense costs even after a successful defense.
Read the following analysis by William G. Passannante, Esq.:

Evolving Cyber Crimes Present Pressing Corporate Risks for Directors & Officers

What distinguishes the recent breach at Sony Pictures from the earlier breach and most significant breaches which have been reported is the theft of intellectual property from Sony Pictures. How does the theft of essential pieces of business affect not only shareholder equity, but potentially a company’s viability? How can companies prevent or mitigate potential exposure, particularly in light of the ever increasing prominence and sophistication of the “hack-tivist”? What is the duty of today’s directors and officers to protect against such losses and mitigate exposure if and when data breaches occur? How do today’s directors and officers satisfy their fiduciary obligations by keeping up with the ever changing and evolving “cyber-criminal”?
This article by Kenneth M. Labbate and Oliver E. Twaddell of Mound Cotton Wollan, Greengrass: explores what directors and officers should be doing now to protect the interests of corporate shareholders and minimize their own exposure to liability.

15 Tips To Minimize Cyber Exposure

The internet communication highway is a wealth of information that also makes it a giant target for potential cyber crimes. Businesses & individuals alike are at risk daily from having their data stolen whether it be important passwords, financial statements, or credit card numbers. The list below courtesy of describes ways we can take the extra step to protect ourselves before a breach occurs & make your information less accessible to hackers.
Please contact Fidens today for more information cyber insurance.

General Security

  • Make sure passwords are at least eight characters long and contain both uppercase and lowercase letters, as well as special characters.
  • Consider using a phrase to help create your password. For example, “Jack and Jill went up the hill,” becomes “J_Jwuth.”
  • Never use the “Remember Password” software feature offered by various applications
  • Never use personal information when creating passwords
  • Remember, the longer and more complicated the password, the less likely it is to be broken.

Mobile Security

  • Turn on screen locking (e.g., password, PIN, swipe pattern) on your mobile device.
  • Perform a factory reset to wipe all data when disposing an old mobile device.
  • Avoid storing confidential or otherwise sensitive information on a mobile device, including passwords, bank account or credit card numbers.
  • Turn off Wi-Fi and Bluetooth when they’re not needed.
  • Delete text messages that contain sensitive information.

Home network security

  • Make sure wireless networks are password protected.
  • Consider changing default passwords for your network devices (e.g. modem or wireless access point) often.
  • Never use personal information that can identify you or your location when creating wireless network names or passwords.
  • Remember, protect yourself from malicious software by staying up to date on virus protection software.
  • Consider visiting to learn how to keep kids safe on the web.