Minutes (cont’d)

Page 4

April 7, 2016

LA WORKERS’ COMPENSATION SECOND INJURY BOARD

Meeting of April 7, 2016

The regular meeting of the Second Injury Board convened at 2:03 p.m.

The following were present:

1.  Mr. Charles Hansberry, Representing the Commissioner of Insurance, Chairman

2.  Mr. Dan Lastrapes, Director of Second Injury & Audit & Finance

3.  Mr. Steve Hawkland, representing the Secretary of State

4.  Ms. Lynette Mack, representing the State Treasurer

5.  Ashley Deshotels, General Counsel

6.  Meridith Trahant, General Counsel

7.  Michelle Sumrall, SIB Compliance Supervisor

8.  Jessica Masaracchia, OWCA Audit & Finance Supervisor

9.  Shaneka Davis, Recording Secretary

Mr. Hansberry called the meeting to order and began with Item 1 on the agenda, being the reading of the minutes from the previous meeting. Mr. Hawkland moved to dispense with the reading of the minutes and approve the minutes as printed and distributed. The motion was seconded by Ms. Mack and passed unanimously.

Mr. Hansberry moved to Item 2 on the agenda for hearings. No hearings were scheduled so the Chairman moved to Item 3.

Item 3 on the agenda lists (7) claims for which a recommendation was made for payment starting with Claim #15-0072 and ending with Claim #16-0032. Mr. Hansberry asked for a motion in support of the recommendation. The motion was made by Ms. Mack, seconded by Mr. Hawkland and passed unanimously.

1. 15-0072 LUBA Casualty Insurance Company 104 week deductible

2. 15-0244 Jefferson Parish 104 week deductible

3. 15-0332 City of New Orleans 104 week deductible

4. 15-0386 Old Republic Insurance Company 104 week deductible

5. 15-0463 LA Construction & Industry - SIF 104 week deductible

6. 15-0655 LUBA Casualty Insurance Company 104 week deductible

7. 16-0032 East Jefferson General Hospital 104 week deductible

The Chairman moved to Item 4 on the agenda, being the recommendation of staff to deny reimbursement for the following (81) claims; beginning with Claim #12-0881 and ending with Claim #16-0071. A request was made for a motion in support of the recommendation. The motion was made by Mr. Hawkland, seconded by Ms. Mack and passed unanimously.

1.  12-0881 Lincoln Parish School Board

2.  13-0852 Great West Casualty Co

3.  14-0814 Louisiana Retailers Mutual Insurance Company

4.  14-0920 Caddo Parish School Board

5.  14-0927 LUBA Casualty Insurance Company

6.  14-0932 Louisiana Auto Dealers Association

7.  15-0045 Louisiana Workers’ Compensation Corporation

8.  15-0048 Gerling America Insurance Company

9.  15-0076 Zurich American Insurance Company

10.  15-0080 General Health, Inc.

11.  15-0093 Louisiana Safety Association of Timbermen

12.  15-0222 Louisiana Office of Risk Management

13.  15-0263 Zurich American Insurance Company

14.  15-0272 National Fire Insurance Company of Hartford

15.  15-0304 Bridgefield Casualty Insurance Company

16.  15-0313 Louisiana Auto Dealers Association

17.  15-0327 Louisiana Office of Risk Management

18.  15-0324 Louisiana Office of Risk Management

19.  15-0345 Louisiana Office of Risk Management

20.  15-0366 Unknown

21.  15-0369 Louisiana Office of Risk Management

22.  15-0372 Louisiana Office of Risk Management

23.  15-0381 LUBA Casualty Insurance Company

24.  15-0393 Louisiana Office of Risk Management

25.  15-0399 Ace American Insurance Company

26.  15-0400 Unknown

27.  15-0401 Livingston Parish School Board

28.  15-0405 LUBA Casualty Insurance Company

29.  15-0411 Louisiana Workers’ Compensation Corporation

30.  15-0417 LUBA Casualty Insurance Company

31.  15-0423 Louisiana Office of Risk Management

32.  15-0426 Louisiana Retailers Mutual Insurance Company

33.  15-0429 Old Republic Insurance Company

34.  15-0444 LEMIC Insurance Company

35.  15-0450 Bridgefield Casualty Insurance Company

36.  15-0453 LUBA Casualty Insurance Company

37.  15-0459 Louisiana Health Care SIF

38.  15-0471 Bridgefield Casualty Insurance Company

39.  15-0477 Louisiana Construction & Industry - SIF

40.  15-0480 Electric Insurance Company/GE

41.  15-0501 Louisiana Retailers Mutual Insurance Company

42.  15-0504 Rubicon, Inc.

43.  15-0524 Livingston Parish School Board

44.  15-0530 LEMIC Insurance Company

45.  15-0547 LEMIC Insurance Company

46.  15-0550 Accident Fund General Insurance Company

47.  15-0556 Louisiana Retailers Mutual Insurance Company

48.  15-0559 Louisiana Retailers Mutual Insurance Company

49.  15-0562 Bridgefield Casualty Insurance Company

50.  15-0565 Property Casualty Insurance Company

51.  15-0573 Entergy Services, Inc.

52.  15-0576 St. Charles Parish School Board

53.  15-0584 Louisiana Construction & Industry - SIF

54.  15-0587 Louisiana Workers’ Compensation Corporation

55.  15-0596 West Jefferson Medical Center

56.  15-0597 St. Tammany Parish School Board

57.  15-0600 Recreation & Park Commission of East Baton Rouge

58.  15-0605 Louisiana Restaurant Association

59.  15-0606 Louisiana Restaurant Association

60.  15-0609 Safety National Casualty Corporation

61.  15-0622 Louisiana Commerce & Trade Association

62.  15-0639 Louisiana Construction & Industry - SIF

63.  15-0656 Walgreens LA Co., Inc.

64.  15-0674 LA Home Builders Association - SIF

65.  15-0692 City of Baton Rouge – East Baton Rouge Parish

66.  15-0704 Jefferson Parish

67.  15-0720 City of Baton Rouge, East Baton Rouge Parish

68.  15-0727 Louisiana Restaurant Association

69.  15-0738 Louisiana Restaurant Association

70.  15-0743 Plaquemine Parish Government

71.  15-0767 Arch Insurance Company

72.  15-0768 Zurich America Insurance Company

73.  15-0824 Recreation & Park Commission of East Baton Rouge

74.  15-0833 Zurich American Insurance Company

75.  15-0834 Jefferson Parish School Board

76.  15-0853 Louisiana Construction & Industry – SIF

77.  15-0870 Zurich American Insurance Company

78.  15-0883 Louisiana Office of Risk Management

79.  15-0884 Louisiana Office of Risk Management

80.  16-0006 Louisiana Construction & Industry - SIF

81.  16-0071 Archdiocese of New Orleans

The Chairman moved to Item 5 on the agenda, being the recommendation to approve reimbursement of (356) partial payments beginning with Claim #81-0004 and ending with Claim #14-0193. The Chairman asked for a motion to accept the recommendation and approve reimbursement of the partial payments as submitted on the agenda of April 7, 2016. The motion was made by Ms. Mack, seconded by Mr. Hawkland, and passed unanimously.

The Chairman moved to Item 6 on the agenda, being the recommendation to approve (98) quarterly payments due beginning with Claim #88-0204 and ending with Claim #14-0608. Mr. Hawkland moved to accept the recommendation of staff and approve reimbursement of quarterly payments as submitted on the agenda of April 7, 2016. The motion was seconded by Ms. Mack and passed unanimously.

The Chairman moved to Item 7, Public Comment. No one from the public was present and the Chairman moved to Item 8 on the agenda. Mr. Hawkland made a motion to go into Executive Session to discuss Second Injury Board litigation and settlements. Ms. Mack seconded the motion and it was passed unanimously.

Upon returning from Executive Session, the Chairman requested a motion to expand the agenda to add Claim #11-0322. Mr. Hawkland made the motion, Ms. Mack seconded the motion and it was passed unanimously.

The Chairman moved to Item 8a of the agenda, being settlement recommendations on (14) claims. The Chairman requested a motion to approve the recommendations of the Director regarding settlement authority as discussed in Executive Session and to extend settlement authority to be reimbursed on quarterly basis for the following claims:

1.  01-0774

2.  02-0887

3.  07-0115

4.  08-0656

5.  10-0378

6.  10-0603

7.  10-0910

8.  11-0078

9.  11-0430

10.  13-0935

11.  13-1086

12.  14-0560

13.  15-0054

14.  11-0322

Ms. Mack moved to accept the recommendation. The motion was seconded by Mr. Hawkland and passed unanimously.

The following (1) claim was recommended for settlement denial and to be paid on an on-going basis:

1.  09-0683

Mr. Hawkland moved to accept the recommendation. It was seconded by Ms. Mack and passed unanimously.

The Chairman moved to Item 8b of the agenda, being Second Injury Board litigation. The Chairman asked for a motion to grant authority to legal counsel as discussed in Executive Session and, to represent the Board in the following manner:

1.  Claim #09-0851 Continued Litigation

2.  Claim #10-0003 Settlement Authority

3.  Claim #12-0050 Settlement Authority

4.  Claim #12-0424 Settlement Authority

5.  Claim #12-0448 Continued Litigation

6.  Claim #12-0972 Settlement Authority

7.  Claim #13-0182 Settlement Authority

8.  Claim #13-0230 Settlement Authority

9.  Claim #13-0384 Settlement Authority

10.  Claim #13-0556 Continued Litigation

11.  Claim #13-0664 Continued Litigation

12.  Claim #14-0406 Settlement Authority

Mr. Hawkland moved to accept the recommendation. The motion was seconded by Ms. Mack and passed unanimously.

There being no further business to discuss, the Chairman asked for a motion to adjourn. Ms. Mack moved to adjourn. The motion was seconded by Mr. Hawkland and passed unanimously.

The meeting was adjourned at 2:26pm

Recording Secretary: Shaneka Davis