IRG News & Views

Uehlein, Nevils published overview of Second Injury Fund changes in The Journal Of Workers Compensation

The Journal of Workers Compensation recently published Second Injury Funds in Flux; Opportunities, Changes, and Questions by W. Frederick Uehlein and Mark Nevils.

Summary: In recent years, New York, South Carolina, and Georgia have enacted legislation to phase out their respective Second Injury Funds (SIFs). Over 20 SIFs have closed or "sunset," leaving about 20 states with SIFs open to claims with new dates of injury. Of these, about 10 have enabling language that creates significant opportunities for employer savings.

While many SIFs have closed to future claims, employers should not forget that there is still, by the authors' estimates, upwards of $40 billion dollars to recover from those funds. Employers and insurers need to be certain that processes are in place to recover those dollars effectively and efficiently. Furthermore, the clock is ticking on several funds, making it imperative that insurers and employers with exposure in those states act now to recoup any outstanding recoveries.

This article briefly reviews the history and intent of SIFs and provides an update of major changes with respect to SIFs that have recently closed or been changed by key laws. It also seeks to put the role of today’s SIFs in a more modern context. For employers, that context is an era of significant interstate and world competition.

IRG victory in recent MA court ruling: door is still open for recoveries previously thought closed

For insurers with potential MA Second Injury Fund claims with dates of injury between 12/10/85 through 12/23/91, the door is still open for successful recoveries. This past spring, the Massachusetts State Supreme Judicial Court in both the Oakes v. Travelers and Alves v. GM claims established that there is no statute of limitations for claims by insurers pursuant to M.G.L. ch. 152 s.37, the second injury fund law, for claims with dates of injury between December 10, 1985, and December 23, 1991 ("Mid-Act").

Insurance Recovery Legal Associates fought this battle to preserve the right to file these claims for our clients. We diligentlay pursue claims through the appellate system when necessary in order to protect our clients' rights. This decision was extremely close with the SJC split 4 to 3 on one case and 3 to 3 on the other. It is favorable news for the many clients and business partners that currently have IRG working on their Massachusetts files.

If you are not currently working with Insurance Recovery Group (IRG) on your MA files, be aware that the further we get from the 1985 - 1991 DOI claims, the more difficult it will be to obtain the documents and evidence needed for successful SIF recovery. Timing is of the essence and urgency is in order to ensure that all such cases are identified and are being aggressively pursued before the passage of time creates an insurmountable obstacle to obtaining aged documents. Otherwise, your opportunities may be lost forever.

Contact us today if you would like to learn more about how we can help you with your second injury fund recoveries.

IRG to Attend RIMS 2008

Executives from Insurance Recovery Group will be attending the Risk Insurance Management Society's Annual Conference and Exhibition on April 27th - May 1st, 2008. RIMS' Annual Conferences are the main events for professionals in risk management due to its numerous educational workshops, sessions, keynote speakers, and special events. To learn more about the conference, please click here.