Professional Employees
LMAC
Labor-Management Advisory Council on Workers' Compensation
June 1, 2013
The 2013-2015 Labor-Management Advisory Council on Workers' Compensation (LMAC) has been formed under agency order of Commissioner Pam Bucy of the Department of Labor and Industry. The purpose of the Advisory Council is to provide a structure for an organized discussion of workers' compensation public policy. The LMAC is composed of five representatives of employers, five representatives of workers, and a nonvoting subcommittee of five representatives of other stakeholder groups (see list below). Lt. Governor John Walsh will chair the Advisory Council.
LMAC members representing workers:
- Doug Buman, Laborers' International Union of North America
- Al Ekblad, Montana AFL-CIO
- Don Judge, Injured Workers Resource Council
- Jim Larson, Teamsters Local 190
- Al Smith, Montana Trial Lawyers Association
LMAC members representing employers:
- Bill Dahlgren, Sun Mountain Sports
- Annette Hoffman, St. Vincent's Healthcare
- Riley Johnson, National Federation of Independent Business
- Robert Worthington, Montana Self-Insureds Association
- Lance Zanto, Workers’ Compensation Management Bureau
Subcommittee members:
- Bob Olsen, Montana Hospital Association
- Jean Branscum, Montana Medical Association
- Kevin Braun, Montana State Fund
- Lisa Kozeluh, Rehabilitation Association of Montana
- Jackie Lenmark, American Insurance Association
The first meeting of the LMAC will be held Thursday, June 27, 2013, at the Great Northern Hotel in Helena, MT.
For information, contact Anne Wolfinger, awolfinger@mt.gov, 406-444-9012.
2010 Meeting Information
Advisory Council Meeting – December 15, 9:00 am – 5:00 pm, Best Western Great Northern, Helena
Analysis of Changes To The Montana Medical Fee Schedule To Be Effective January 1, 2011 As Proposed On November 12, 2010 (NCCI)
Key Elements in Consensus Comprehensive Package (ERD staff)
Proposed Changes to LC 255 (LMAC bill)
Estimated Cost Impact of Workers' Compensation Changes, May 24, 2010 (ERD Staff)
Estimated Cost Impact of Workers' Compensation Changes, December 15, 2010
WorkSafeMT Articles of Incorporation (rev. December 2010)
WorkSafeMT Bylaws (rev. December 2010)
Workers' Compensation Fraud, 12/13/2010 (Ann Clayton, WC consultant)
Letter from International Association of Firefighters
Advisory Council Subcommittee Meeting – December 13, 10:00 am – 12:00 pm, Employment Relations Division, Helena
Agenda
Minutes
Cost-Neutral PPD Formula Proposal With Spreadsheet (Frank Neuhauser, WC consultant, ERD staff)
Estimated Cost Impact of Workers' Compensation Changes, May 24, 2010 (ERD staff)
Advisory Council Subcommittee Meeting – December 2, 2:00 pm – 4:00 pm, Employment Relations Division, Helena
Agenda
Information Sheet for Permanent Partial Disability Wage Loss (ERD staff)
Cost-Neutral PPD Formula Proposal (Frank Neuhauser, WC consultant)
Current and Proposed Wage Loss Replacement Rates (Frank Neuhauser, WC consultant)
Advisory Council Subcommittee Meeting – November 23, 10:00 am – 12:00 pm, Employment Relations Division, Helena
Agenda
Outline
PPD Review (Ann Clayton, WC Consultant)
Advisory Council Meetings – November 16, 9:00 am – 5:00 pm, Best Western Great Northern, Helena
LMAC Workplan and Comprehensive Issues Package
Wage Loss Study - Montana (Frank Neuhauser, WC Consultant)
Workers' Compensation Fraud: Comparisons with Other States/Montana Fraud Prevention Efforts
Information Sheet for Presumptive Illness (ERD Staff)
Cancer Risk Among Firefighters (article)
WorkSafeMT Revised Articles or Incorporation
WorkSafeMT Revised Bylaws
Workers' Compensation Medical Fee Schedule Rules
Advisory Council Meetings – September 14, 1:00 – 5:00 pm, Big Sky
Agenda
Minutes
LMAC Workplan as of August 15, 2010
LMAC Calendar as of September 7, 2010
NCCI Cost Estimates: Medical Fee Schedules, September 10, 2010
Estimated Cost Impact of Workers' Compensation Changes, May 24, 2010 (ERD staff)
Comparison of NCCI-Employee Relations Division Analysis (Kris Wilkinson, Legislative Fiscal Analyst staff, presented August 19, 2010 to Economic Affairs Interim Committee)
Workers' Compensation Fraud (Deborah Butler, Assistant Attorney General)
Advisory Council Meeting - August 16, 9:00 am-5:00 pm, Best Western Great Northern, Helena
Agenda
Minutes
LMAC Workplanning – Exemptions
States' Comparison of Covered Employees
National Commission Recommendations for Coverage Comparison
Workers' Compensation Coverage Exemptions (Ann Clayton, WC consultant)
White paper(7/12/2010)
Presentation (7/21/2020)
LMAC Workplanning – Fraud
Workers' Compensation Fraud (Ann Clayton, 11/17/2009)
Fraud presentation to Economic Affairs Interim Committee (5/26/2010) (Ben Jones, Montana State Fund)
Economic Affairs Interim Committee Panel Discussion (5/26/2010): Larry Jones, Liberty Northwest; Jerry Keck, Department of Labor and Industry; Nancy Butler, Montana State Fund; Ann Komack, Montana Municipal Interlocal Authority; Ali Bovington, Attorney General's Office (link to audio minutes)
LMAC Workplanning – Presumptive Illness
LMAC articles/research on presumptive illness
LMAC Workplanning – Independent Medical Examiners
Summary IME and Impairment Rating Medical Provider Fees (ERD staff)
IME and Impairment Rating Provider Fees Summary (ERD staff)
LMAC Comprehensive Package Draft Statutory Language (as of 8/10/10)
Advisory Council Conference Call - July·30, 9:00 am-10:30 am
Agenda
Minutes
LMAC Comprehensive Package Draft Statutory Language (revised 7/30/10) (Judy Bovington, DLI attorney, Diana Ferriter, Claims Assistance Bureau Chief)
Advisory Council Meeting –July 21-22, 9:00 am-3:00 pm, Best Western Great Northern, Helena
Agenda
Minutes
LMAC Comprehensive Package Draft Statutory Language(revised) (Judy Bovington, DLI attorney, Diana Ferriter, Claims Assistance Bureau Chief)
Attorney Fees on Medical Disputes For Comparator States
MT Workers' Compensation Annual Report(Diana Ferriter)
Utilization and Treatment Guidelines Draft Rules(Lea Coles, DLI attorney)
Measuring the Adequacy and Equity of Montana's Wage Loss Benefits(Frank Neuhauser, WC consultant)
Workers' Compensation Coverage Exemptions (Ann Clayton, WC consultant)
Advisory Council Meeting –June 23, 9:00 am-3:00 pm, Best Western Great Northern, Helena
Agenda
Minutes
Labor-Management Advisory Council Proposals to the Economic Affairs Interim Committee (draft statutory language)
Key Elements of LMAC Comprehensive Package Coordinated with Draft Statutory Language
Revised Table of Contents for LMAC Proposals to EAIC (draft statutory language) Coordinated with Key Elements in LMAC Comprehensive Package
Advisory Council Meeting – May 18-19, 9:00 am-5:00 pm, Best Western Great Northern, Helena
LMAC Decision Tree (ERD Staff)
Recommendations on Improving Montana's Benefit Structure (Ann Clayton & Associates)
Creating a More Efficient and Equitable Benefit Delivery System (Ann Clayton)
Current v. Proposed Efficient Benefit Delivery Charts (ERD Staff)
Examples of Current v. Proposed Efficient Benefit Delivery-3% (ERD Staff)
Examples of Current v. Proposed Efficient Benefit Delivery-2-5% (ERD Staff)
LMAC Update(Frank Neuhauser, WC consultant)
Impact of AMA 6th Edition
Proportion Between Ratings and Losses Varies by Type of Injury
Estimated Cost Impact of Workers' Compensation Changes(Frank Neuhauser, ERD staff)
Analysis of Montana's Labor Managment Advisory Committee (LMAC) Draft Statutory Changes for Benefits Options 4-15-10 Meeting (National Council on Compensation Insurance, Inc.)
Impact of Changing the Fee Schedules Relative to Medicare Reimbursement(Frank Neuhauser, ERD staff)
Implement an "Early Return to Work" Model (Ann Clayton)
Montana Workers' Compensation Stay at Work/Return to Work Process (Ann Clayton)
Draft statutory language for Stay at Work/Return to Work (Department of Labor and Industry legal staff)
LMAC Efficient Benefits Distribution(4/16/2010) (Jason Swant, WorkSafeMT)
Draft statutory language for course and scope (1/19/2010) (Department of Labor and Industry legal staff)
Draft statutory language for claim closure (1/19/2010) (Department of Labor and Industry legal staff)
Draft statutory language for settlements (Department of Labor and Industry legal staff)
Draft statutory language for provider access/attorneys (4/16/2010) (Department of Labor and Industry legal staff)
Ombudsman survey (ERD staff)
Use of AMA Guides by State
Draft statutory language for benefits options (Department of Labor and Industry legal staff)
Efficient Benefit Delivery Proposal for Discussion (from March 18-19 LMAC meetings)
Advisory Council Meeting – Tuesday, May 4, 1:00 pm-5:00 pm, Red Lion Colonial Inn, Helena
Agenda
Minutes
Estimated Cost Impact of Workers' Compensation Changes (ERD staff)
Explanation of Cost Estimates (ERD staff)
TTD Claims Capped at 100% of SAWW/PPD Claims Capped at 50% of SAWW (ERD staff)
Impairment Rating Analyses (ERD staff)
Return-to-Work in Workers' Compensation Cases (Ann Clayton, Ann Clayton & Associates)
Advisory Council Meeting – Friday, April 16, 9:00 am-3:00 pm, Best Western Great Northern, Helena
Agenda
Minutes
Estimated Impact of Utilization and Treatment Guidelines on Employers' Cost(Frank Neuhauser, WC consultant)
Advisory Council Subcommittee Meeting – Thursday, April 15, 9:00 am-3:00 pm, Best Western Great Northern, Helena
Agenda
Claim Closure/Settlements Subcommittee
Provider Access Subcommittee
Medical Provider Survey (Ryan Morton, WC Analyst, Employment Relations Division)
Benefits Subcommittee
Statutory Changes for Efficient Benefit Delivery Proposals
Estimated Cost Impact of Workers' Compensation Changes(Frank Neuhauser, WE consultant, ERD WC analyst)
LMAC Efficient Benefits Distribution(Jason Swant, SAW/RTW specialist, WorkSafeMT)
Draft Proposal on Temporary Transitional Employment(Judy Bovington, attorney, MT Department of Labor and Industry)
Advisory Council Meeting – Friday, March 19, 10:00 am-4:00 pm, Best Western Great Northern, Helena
Claim Closure/Settlements Subcommittee
Provider Access Subcommittee
Benefits Subcommittee, Public Comment
Independent Medical Examiner Fees, Next Steps
Advisory Council Subcommittee Meeting – Thursday, March 18, 9:00 am-4:00 pm, Red Lion Colonial, Helena
Agenda
Claims Closure/Settlement Subcommittee Minutes
Benefits Subcommittee Minutes
Examples of How PPD Change Would Affect Workers (ERD staff)
Efficient Benefit Delivery Proposals for Discussion - table (ERD staff)
Draft Proposal on Temporary Transitional Employment
Efficient Benefit Delivery; SAW/RTW Assistance Development Process(WorkSafeMT staff)
Does Montana have High WC Costs and Low Benefits? (Ann Clayton, Ann Clayton & Associates)
Overview of Benefit Adequacy in Workers' Compensation (Ann Clayton)
Provider Access Subcommittee Minutes
Advisory Council Meeting – Thursday, February 18, 10:00 am-4:00 pm, Best Western Great Northern, Helena
Cost Drivers: Duration, Frequency, Medical
LMAC Workplan and Comprehensive Issues Package as of January 25, 2010
Workers' Compensation System Overview-Montana (NCCI, January 2010)
Comments and Response to Workers' Compensation System Overview-Montana (Jerry Keck, Mike Taylor, February 2010)
Advisory Council Subcommittee Meetings – Wednesday, February 17, 9:00 am-4:00 pm, Best Western Great Northern, Helena
Agenda
Claims Closure/Settlement Subcommittee Minutes
Benefits Subcommittee Minutes
Attorney Fees Subcommittee Minutes
Advantages and Concerns Involving the Settlement of Future Medical Treatment (Frank Neuhauser)
The Closure Effect: Evidence from Workers' Compensation Litigation (Henry Hyatt, U.S. Bureau of the Census)
Analysis of Montana's Labor Management Advisory Committee(LMAC) Settlement Proposal (NCCI, January·2010)
Analysis of Montana's Labor Management Advisory Committee(LMAC) Claim Closure Proposal (NCCI, January·2010)
Case Law Review - Medical Disputes (Kristie Wolter, Mediator, Employment Relations Division)
Lost Wage Benefit Structure and Payments (Ann Clayton, Ann Clayton & Associates)
Recommendations on Improving Montana's Benefit Structure (Ann Clayton)
Advisory Council Meeting – January 19, 2010, 10:00 am-4:00 pm, Best Western Great Northern, Helena
Agenda
Minutes
LMAC Workplan and Comprehensive Issues Package
Presentations for the January 20-21st Economic Affairs Interim Committee by Ann Clayton
Overview of Workers' Compensation Benefits (Ann Clayton, Ann Clayton & Associates)
LMAC Subcommittee Recommendations:
Advisory Council Subcommittee Meeting – January 11, 2010, 10:00 am-2:00 pm, Employment Relations Division, 1805 Prospect Avenue, Helena, Conference Room A-B
2011 Meeting Information
Advisory Council Meeting - April 27, 2011
Agenda
July 1, 2011: NCCI Law Only Filing Presentation to LMAC
Advisory Council Meeting Follow-up - April 12, 2011
HB 334 Signing Document - one-page summary of HB 334
Advisory Council Conference Call - April 8, 2011
Agenda
Minutes
Bill Status Report
Advisory Council Conference Call - April 1, 2011
Agenda
Minutes
Bill Status Report
Advisory Council Conference Call - March 25, 2011
Advisory Council Meeting Follow-up: Information for March 23, 2011 Hearing on HB 334
Final draft proposed amendments to HB 334
NCCI Pricing (revised 3/23/11)
Comparison of Reichner Bill (HB 334) and Zinke Amendments (revised 3/23/11)
Advisory Council Conference Call -·March 22,·2011
Advisory Council Conference Call - March 11, 2011
Agenda
Minutes
Bill Status Report
Comparison of Reichner Bill (HB 334) and Zinke Amendments (updated March 9, 2011 to include bill page numbers)
NCCI pricing - HB 334 v. Zinke Amendments (updated)
Advisory Council Meeting - March 3, 2011, 1:00 - 5:00 pm, Red Lion Colonial Inn, Helena
Agenda
Minutes
Bill Status Report
Comparison of Reichner Bill (HB334) and Zinke Amendments (updated March 1, 2011)
NCCI pricing - HB 334 v. Zinke Amendments
NCCI pricing - HB 334 (Two Potential Amendments)
NCCI pricing - Medical Benefits Termination Proposal
NCCI pricing - Impact of Changes in Facility and Non-facility Fee Schedules
Recommendations on HB 334 for LMAC (3/3/11)
Advisory Council Conference Call - February 18, 2011
Agenda
Bill Status Report
Comparison of Reichner Bill (HB334) and Zinke Amendments
HB 334 with Zinke Amendments
Amendments to HB 334 regarding approval for treating physician
Amendments to HB 334 regarding claim closure and reopening
Amendments to HB 334 regarding course and scope of employment
Amendments to HB 334 regarding eligibility for permanent partial disability
Amendments to HB 334 regarding medical fees
Amendments to HB 334 requiring state fund to decrease rates per NCCI
Advisory Council Conference Call - February 11, 2011
Advisory Council Conference Call - January 28, 1:00 pm
Agenda
Minutes
Bill Status
Summary of HB 334 (Frank Newhauser, WC consultant)
Comparison of Medical Closing Provision and PPD Limitations in LC 0305 (HB 334) to Those in Other States (Ann Clayton, WC consultant)
Comparison of HB 334 with LMAC bill (ERD staff)
Summary of NCCI Choice of Physician Analysis (Mike Taylor, NCCI)
Advisory Council Conference Call - January 21, 1:00 pm
Advisory Council Conference Call - January 14, 1:00pm
Advisory Council Meeting – January 5, 10:00 am – 4:00 pm, Best Western Great Northern, Helena
Agenda
Minutes
Trigger Language Alternatives to Consider
Estimated Cost Impact of Workers' Compensation Cost Changes (January 4, 2011)
Medical Fee Language Alternative for LMAC
2007 Meeting Information
Advisory Council Meeting - November 13, 2007
Agenda
Minutes
Handouts
A New Paradigm for Workers' Compensation and Disability Systems: The Work Disability Prevention Model, presented by Jennifer Christian, MD, MPH, Webility Corporation and The 60 Summits Project
The 60 Summits Project Fact Sheet
Introduction to ACOEM's New Work Disability Prevention Guideline: "Preventing Needless Work Disability by Helping People Stay Employed," by Jennifer Christian, MD, MPH
Preventing Needless Work Disability by Helping People Stay Employed, by the American College of Occupational and Environmental Medicine (ACOEM)
Examiner/Adjuster Licensure and Continuing Education in Montana, by Michael Marsh, Midland Claims Service, Inc.
Advisory Council Meeting - September 10, 2007
Advisory Council Meeting - August 7, 2007
Agenda
Minutes
Overview and Lessons Learned by WorkSafe BC (presented by Scott McCloy, Communications Director, WorkSafeBC)
Advisory Council Meeting - May 15, 2007
Agenda
Minutes
Workers' Compensation Study Phase II Charter, V.2 (modified 4/20/07)
Thoughts for a Statewide Safety Initiative
Proposal Outline of Safety Program Concepts
Pharmacy Reimbursement
Draft Pharmacy Rule
Summary of Insurer Financial Results
States' Comparison of Covered Employees
National Commission Recommendations for Coverage Comparison
Alternatives to Claims Examiner Licensing Regulation
Advisory Council Conference Call - April 13, 2007
Advisory Council Conference Call - March 30, 2007
Advisory Council Conference Call - March 23, 2007
Advisory Council Conference Call - March 16, 2007
Advisory Council Conference Call - March 9, 2007
Advisory Council Conference Call - February 23, 2007
Advisory Council Conference Call - February 16, 2007
Advisory Council Conference Call - February 9, 2007
Advisory Council Conference Call - February 2, 2007
Advisory Council Conference Call – January 26, 2007
Advisory Council Conference Call – January 19, 2007
Advisory Council Meeting – January 9, 2007
Agenda
Minutes
Handouts
Injury Prevention



