MINUTES OF THE

      SENATE COMMITTEE ON COMMERCE AND LABOR

 

      Sixty-seventh Session

      February 8, 1993

 

 

The Senate Committee on Commerce and Labor was called to order by Vice Chairman Sue Lowden, at 1:30 p.m., on Thursday, February 8, 1993, in Room 207 of the Cashman Field Center, Las Vegas, Nevada.  Exhibit A is the Meeting Agenda.  Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

Senator Randolph J. Townsend, Chairman

Senator Sue Lowden, Vice Chairman

Senator Ann O'Connell

Senator Mike McGinness

Senator Raymond C. Shaffer

Senator Leonard V. Nevin

Senator Lori L. Brown

 

STAFF MEMBERS PRESENT:

 

Brian Davie, Senior Research Analyst

Linda Krajewski, Primary Secretary

Denise Pinnock, Committee Secretary

Frank Krajewski, Senior Research Analyst

 

OTHERS PRESENT:

 

Dennis Nolan, Director, Risk Management, Mercy Medical Services

Scott Young, General Counsel, Nevada State Industrial Insurance System     (SIIS)

Dean Hardy, Lobbyist, Nevada Trial Lawyers Association

Charles Nort, Lobbyist, Nevada Administrators

Stan Smith, Industrial Insurance Administrator, Boyd Group/NSIA

Steven Demarco, Concerned Citizen

 

 

Vice Chairman Lowden opened the meeting at 1:30 p.m.

 

Dennis Nolan, Risk Manager, Mercy Medical Services, suggested the State Industrial Insurance System (SIIS) ground level claims workers be directed to establish better lines of communication and a change in attitude with those people filing claims. 

 

Scott Young, General Counsel, SIIS, said it was not lack of communication with the management that is causing the attitude, it is the questions and criticisms surrounding the whole workmens' compensation process.

 

Senator Townsend referred Mr. Young to the List of Remaining Workers' Compensation Proposals, Exhibit C, item 3 under "Loss Control and Prevention" and asked Mr. Young if this would mandate the "unfortunate 500" to go into retrospective rating.  Mr. Young replied that it would work by changing the formula in Nevada Revised Statutes 1722.

 

Senator Townsend asked Brian Davie, Senior Research Analyst, and Mr. Young for perspectives regarding the Nevada Industrial Insurance Act and an analysis on allowing a credit against the business tax if an employer provides health insurance to his employees.

 

Dean Hardy, Lobbyist, Nevada Trial Lawyers Association, said since workers' compensation questions, problems and solutions to those problems are focussed on what the hearings officer, appeals officer, district court or the supreme court does with a particular statute is something that cannot be legislated.  What can be done is to attempt to bring within the parameters of legislation the types of guidelines that need to be followed.

 

Scott Young said courts have taken very specific language in statutes and have liberally interpreted it to the point where the language is no longer clear.   This causes the language to evolve into areas that originally were not part of the legislative function.

 

Charles Nort, Lobbyist, Nevada Administrators, spoke with respect to the caseloads per examiner (account manager) the largest being 300 working files with approximately 50 of those being "lost-time" files.

He said anyone having over 150 lost-time files is stretching it a little bit.

 

Stan Smith, Industrial Insurance Administrator, Boyd Group/NSIA, submitted copies of Managed Care Option for Self-Insured Employers (Exhibit D) and explained in detail how this system could be utilized and would be cost effective. 

 

Steven Demarco, Concerned Citizen, representing his fiancee, spoke about possible fraud and incompetence in a workmens' compensation case.

 

There being no further business, the meeting was adjourned by Senator Lowden at 2:55 p.m.

 

            RESPECTFULLY SUBMITTED:

 

 

 

                                    

            Jane A. King,

            Committee Secretary

 

 

 

APPROVED BY:

 

 

 

 

                                      

Senator Randolph J. Townsend, Chairman

 

 

DATE:                                

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Senate Committee on Commerce and Labor

February 8, 1993

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