Document zoEEEoopL6V7mRajxqJJwGjym

FILE NAME Insurance Industry INS DATE 1936 Oct 22 DOC INS028 DOCUMENT DESCRIPTION Article from The National Underwriter - Chicago Group Discusses Group Disability Claim Problems CASUALTY AND SURETY SECTION State Recast Setup Management of Two Big Organizations Chicago Group Discusses Disability Claim Problems LESLIE IS BUREAU MANAGER REHABILITATION METHODS UP High F Real Li Hygiene Foundation Com- B pletes Survey of Laws in Various Jurisdictions Beha General Counsel for Executives Body and Modify F. Robertson Jones Duties Addresses Given at Sessions of International Claim Association Reviewed at First Fall Meeting Kept Travelers From Compensation L Years Ag FORMITY IS LACKING sensation for Disease Is Granted in 17 States and District gg Law E of Columbia NEW YORK Oct. The long an- ticipated changes in setup and reassignment of management personnel of National Bureau of Casualty & Surety Underwriters and Association of Casualty & Surety Executives were finally de- sm conflicts among the laws of the wR Crates governing compensation forkmen forkmen injured in industrial accidecompensation for workmen con- decompensation occupational diseases and phy- : examination requirements for em- ment are disclosed in the findings Abacon Abacon wide legal survey made pub- Abacon the Air Hygiene Aquarters Aquarters of which Foundation the are at Mellon Pittsburgh This study notes Inste Pittsburgh in some states to award sation to sufferers of occupa- Beg diseases examination examination respecting survey involved the examination 1, literature for statutes and decisions " occupational Firom air pollution It was di- H. A. Middleton of Gradual Injuries Recognized Forse guiding principle in the early guiding guiding compensation accidental the accidental awang of compensation for meaning thereby traumatic in- those years the importance of ue to occupational discase i greatly at recognized however however became increasingly ap- apple that injury might be suffered and that the result of such breakdown of the strength and In of the employe was more many instances than trauma- ns therefore in ns wres with the problem so as to include be disease within the some states of construing disease, compensation compensation WILLIAM LESLIE cided upon at a mecting of the executives body yesterday afternoon and of the bureau this morning J. Arthur Nelson president New Am- sterdam Casualty was elected president Executives association and J. M. Haines U. S. manager London Guar- antce president F. Robertson Jones formerly manager will hereafter function as secretary while Claude W. Fairchild was reelected ager and named acting ing the selection of a assistant manmanager pendpermanent ap- pointee The announcement of these im- portant changes was made statement of the executives in a joint association and National Bureau act r Situation in Maryland Maryland is cited as one of these States Maryland There it appears from court der States 1210 States There diseased condition contracted ployment is compensable if caused by by thePy the negligence of discussing the employer the existing confusion existing 7 of the differences in the laws oat oe explains problems report es state is es its maty is unit a unit sovereign a sovereign and in its own way lacking although of the statutes of many states are The courts of the various states such precedents as appeal to 2 consequently on many important consequently consequently consequently likely to be a diver- of opinion among the courts and the courts fall into two or more CONTINUED ON PAGE 47 Beha's New Duties J. A. Beha formerly general manager of the bureau will now serve as gen- cral counsel of both the executives asso- ciation and bureau William Leslie formerly associate general manager becomes the general manager of the bureau E. E. Robinson was reelected secretary The National Bureau henceforward will be strictly a making organization Its accident prevention and fraudulent claim detection work is being turned over to the executives associa- tion paid Tribute ager of the was executives F. Robertson Jones executives association association and ager of the executives association and its predecessor the Workmen's Com- pensation Publicity Bureau The first fall meeting of the Chicago Claim Association following a dinner on dining cars of the Milwaukee railroad at the Union Station was devoted to a review and discussion of addresses given at the annual meeting of the Interna- tional Claim Association A. G. Fankhauser Continental Casu- alty who was chairman at a round table session at that meeting devoted to dis- cussion of some special aspects of claim problems and a member of the program committee of the International associa- tion told some of the points that espe- cially appealed to him addresses He said the in the talk by various Harold K. Gordon executive secretary health & Accident Underwriters Conference on CONTINUED ON PAGE 47 Futz Is Peeved Because He Was Not Recognized EIGHTY PA Oct. There was considerable gloom in this community when the National Association of Insur- ance Agents announced the membership of its executive commit tee and it was found that our energetic very useful insurance man Joseph Futz was not given an appointment Mr. Futz at- tended the momentous convention of that organization at Pittsburgh and was instrumental in bringing about a number of reforms He also initiated the candidacy of the new president W. Owen Wilson of Richmond Va Owing to Mr. Futz activities and high reputation as an expert in insurance in this locality it seemed to be a foregone conclusion that he would be honored by becoming a member of the committee Mr. Futz in commenting on the situation said I was assured by Owen Wilson and Walter Ben- nett that I would be appointed on the executive committee because in their opinion there was needed in this organization one close to the people and an insurance man who knew how to dig up grass from the very roots The reason that I was sidetracked is entirely due to jealousy on part of a few insurance companies that desired to come into my agency Some of the Pennsylvania field men who were not invited to my pol- icyholders watermelon picnic be- gan a campaign of vilification and the minds of the officials were poisoned I am a broad- minded man and will work in the private ranks and show these fel- lows up in due season S. B. PERKINS Addresses Chicago In Association on Retros Plan Which Brought Sanford B. Perkins a of the Travelers at the remarkably good job of behalf of the retrospe compensation rating pl of an address at the a the Chicago Insurance tion this week Mr. Pe man who has a pleasing He knows the subject c timately He is a whol of it and he marshal arguments in lucid fash Even those in the au been following the ret developments closely g the presentation in the ton and enthusiasm Saved Travelers Mr. Perkins started tional statement that re had saved the life of business for the Trave ago he declared the Travelers decreed that continue writing comp nation That thr ficials into consternati him on what basis the continue in the field By swer making a pro The Travelers acco kins had lost betwee 4,000,000 of compensa a 48 percent loss ratio 7 the character of the and the company he s to retrospective rating ness back into the rea Big Improveme The Travelers used ing on big risks expe next two years The retrospective rating wa producing a loss rat During the first year tive rating the loss r of business was 41.4 1 That emphasized that retrospective rat effective accident prev devised Phenomenal curred in practically e placed on the retrosp after year the experi all of the risks has b at the point that en n^"nimuinpremium F CONTINUED O October 13. 4 M ; rating as : : Cyt wh OL 196 196 196 THE NATIONAL UNDERWRITER P47 P47 ate s 3 fullfull ig applied OF equity rains OF percentag wer rate The ves the assure assure ch he thinks at tw amission to the apan timum premiums ** ream apan e equity rate wtua cording to Timm M P 11 extra coIRMAL e and must pay kige im kige e rate consists expenses consists of the cent in Illin he ss adjusting expak expakk it to the suppicum expakk At the assured suppicum established to BLA e realm of BLA past nothing sacred wher hits that have lished As time and assured becaus the plan Mr. Piseas ing maximus Piseas comble peOY Fe O. D. Setup State TINUED FROM PAGE 85 Peach group following a differ- with respect to the same " They shows that compensation Save been passed in 46 states Save been passed while states tipe legislation while only 17 tipe the District of occupational pensation for occupational dis- pensation pensation the included however, Selickass not included in the list of Selickass diseases comble comble legal obligation on the part ployer to provide a safe place lead usually the matter of venti- covered The mining laws ap- sailormity as to air quantity Czechanical ventilating equipment Czechanical the controversial point of Coxing medical examinations for work- medical report comments for risks of any summ adjusted accorsagy lan and minimu accorsagy it Mr. Mr. comPeprlkieats e the sum com I ethod the selection com I time d selection was in bringing bringing : New Medical Problems s the adoption of occupational ig adequate new medical problems arise adequate provision is required examination examination and treatment case ie, especially true with respect to which calls for diagnosis Owed specialists experienced in that Owed red makes his his an ance for a prott for igh a charge ies omitted ave ompanies tio coverage coverage omitted omitted set the sima the theremin there a min is ompanies capturaq is The Mexico the compensation act ae The shall be the duty of the work- Say edaosveesdrover to Say Say 23 submit to physical examina- silicosis in New York the act of 1936 silicosis and other dust dis- : Cales policy hereby declared be the policy PAgislature PAgislature of this state to pro- PAgislature pro- PAgislature tough every lawful means avail2-3 requirement as a prerequisite 2-3 myment myment which compels an ap- Oregon Massachusetts Oklahoma Pennsylvania Rhode Island Tennessee Virginia and Washington That such right does exist seems well settled with respect to another group of 12 states California Kansas Kentucky Louisiana Minnesota Mississippi Missouri Nebraska New Hampshire New Jersey New York and West Virginia It should be noted however that occupational anders anders compensable to cupational extent anders the compensable acts in all of this group except four states Kansas Louisiana Mississippi and Kansas Louisiana Hence the common law right to recover in eight of the 12 states is very much limited No Court Decisions In the remaining 17 states and the District of Columbia no court decisions deciding the question of common law right could be found B. Meller managing director of Air Hygiene Foundation points out that the problems of industrial air pollution have their legal as well as medical and engineering aspects and added No solution which will benefit socicty as a whole can be reached without intensive study of the manner in which the problem is affected by law He said the lack of uniformity in the laws as well as the resulting confusion are attributable to the present lack of sufficient definite knowledge and to the paucity of standards on the subject in medicine and engineering Mr. Meller predicted that these shortcomings will be remedied by diligent study and scien- tific research now in progress Chicago Group Discusses Disability Claim Problems | C. B Hirons Pacific Mutual Life read his paper on termination of disa bilities and claims with particular ref erence to cases requiring rehabilitation of claimants which brought out consid erable discussion Most of it was on his recommendation that cases involving extended disability where there is a question as to the extent of disability be referred to diagnostic clinics where the claimant can be examined by specialists of the highest standing in their re- ists highest highest standing brought re- was as to whether the company should submit to the doctors making examinations under these circumstances alt of its records on the case It was stated that some claim men feel that the examiner should go mind but into the the matter consensus with an open was that the examiner should be given all possible information as diagnosis in any event is not an exact science and such infor- mation may often be of great value in evaluating the importance of certain conditions The question of expense was also brought up but the opinion was expressed that an examination that can be secured for 5 or 10 is virtually worthless in such cases and it is well worth while to spend 25 to 50 75 or even 100 in order to secure real expert opinion The moral effect on the claimant of having the examination made by a num ber of specialists of recognized reputation was also emphasized He is much more likely to accept their verdict than that of one physician It has been found that there are decidedly fewer litigated cases when such examinations are made The question was asked as to whether steps are taken to assist the claimant in getting back into some sort of work if the doctors say he is able to do it Mr. Hirons doctors said that he usually gets the to talk to the claimant about that matter and follows their advice Premium howing mium said Sar asha oftemas wer than a proda .. .. ating .. hit employees 11 contend contend the the cant article article for employment in any occupahowing within the purview of this undergo a medical examina- fion Mari provides for examination as once a month by a competent and reputable physician of all shuld who come into direct contact employees poisonous agencies or in- processes New Jersey Ohio Unas sylvania require employers to amined at least once a month engaged in any work or exposing them to lead dust lead x lead solutions examination CONTINUED FROM PAGE 35 claim correspondence brought out the fact that claim men often do not think about the reaction of the men who get the letters that they are writing The address by Dr. Birchard of the Sun Life of Canada on coronary thrombosis he said brought out the point that the vic- tims of that disease are not necessarily totally disabled In the discussion of releases the point which interested him especially was that the companies are not greatly concerned about the words used in the release but rather about the circumstances under experi Others present told of their experi ence with cases of this sort including one where a dentist who had been dis- abled for three years and had sold all of his equipment was willing to try to resume practice if the company would continue to pay him for six months in order to finance him while he was getting started again The proposal was | accepted and worked out satisfactorily Interest in the Federal Study of Consumer Cooperatives = Carolina requires examination or to employment and from time both during employment Ae which it is secured Mr. Fankhauser said that if there is a definite under- standing with the claimant the release under << se it will kinne ossibly get undeur ndkerinne ca- d that the rebostane salable He xD been ab stock_wn- stock_wn- the estion about the toward on- rities pointed our proved the plan Kentucky Massachusetts New North Carolina and West Vir- nzanite Vor nzanite recognition has been given type of medical board comof specially qualified physicians geons and charged with the duty sosing occupational discase and thneg administrative board or Corsion Corsion with respect thereto Corsion nght of a workman who has suf- Corsion occupational disease due to the ence of the employer to recover ferna at ence common law is another came which the courts hold contrast- ling ling LAWS In many states there ap- have been no occasion for the to rule on the subject In other where the right existed it has itself is of little importance He said he had had several cases in which such an understanding had been reached under circumstances where it was not feasible to get a signed release at once and that in none of those cases had the claimant gone back on his agreement C. O. Pauley Great Northern Life told of the prominent part that Chicago men had had in the International Asso- ciation meeting especially in the sym- posium which Mr. Fankhauser had ar- ranged and at which he presided and stated that the good impression which he made in that connection was an im- portant factor in his selection as chairman of the executive committee |, rtment official official * inted out that tr in every ose suggestion the mutuals Man to Je created * He said se it s to have the pan rity of the pan is Scr prepared , . to get the plas ig Stay and Perkins moke screen + Tid introduced 2, W all known C been activacetive or or genegene e of the National National ance Agents Tow e rating. National . * doverfal codified by the passage of workcompensation acts In Illinois Man and Ohio it has been held common law right to recover for occupational disease never dist North Dakota may also be dist here Negligence of Employer emphasizing that lawyers might Weller as to where a particular Weller to where adds Connecticut Georgia Texas weld say that recovery is extremely common law right to recover for common law right recover for ; gene the employer probably exists there is some doubt in the fol- wf states ware Iowa Maine Maine Maryland Question of Clinical Examination Mr. Gordon was asked to comment on his address Referring to his that the claim man build up a file of form letters applicable to different cir- cumstances he said that while he was in Detroit on his way back from the convention he ran into a system which was a decided improvement over the one he had suggested A general agent there who suggested his own caintaining caintaining a there file of 300 to his own containing paragraphs to be used in claim letters indexed by topics They include opening paragraphis applicable to different situations and paragraphs explaining the reasons situations and various in claim which may be involved in a claim case The same man also has a similar file on agency correspondence including collection inquiries from policyholders etc. PHILADELPHIA Oct. News- paper men covering the convention of the National Association of Mutual In- surance Companies were interested in any discussion or reference to the action of the government in having a commission go abroad to study the con- sumer cooperative buying movement and its possible application to this country There were rumors to the effect that the government is seeking to apply the principle of cooperative buying to insurance The general opinion seems to be that the government in making a general study of the cooperatives is seeking any information it can so far as the application of the mutual plan is concerned Some how- ever were fearful that this cooperative movement carried to extreme would not merely mean stock insurance but mutuals the the termination of general writing It seemed hardly likely from the re- port that the government would favor mutual over stock insurance In the conversations -- --crop insurance the government officials emphasized that the cooperation of both classes would be asked All hands however were greatly interested in what report this federal commission will make from its study of the cooperative movement on the other side Eschew Group Coverage The Commercial Casualty and Metropolitan Casualty bring up an interesting point in connection with professional liability policies in the Question Box