Adjusting Workers Comp Claims in Other States – Five Concerns

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Adjusting Workers Comp Claims in A New State – Five Mistakes

Adjusting workers comp claims in other states became popular before the pandemic.  Many states allow an adjuster to pay a license fee and start adjusting away.  In our claims loss run, E-Mod, and file reviews, we have seen five mistakes that keep occurring consistently.

pic of dice adjusting workers comp claims mistakes
Metoc at German Wikipedia. License

The five mistakes are (listed in order of importance)

  1. Not being properly licensed in the new state(s).   Each state has its list of licensed adjusters/agents and what lines they are licensed to adjust.  Make sure your name is on the state list.   If not, immediately find out why your name is not on the list. Do not think that if you satisfy your home states requirements that you are automatically satisfying the other states’ requirements.
  2.  Your home state license – once your home state license becomes problematic, so does your license for adjusting workers comp claims in the other states.  The educational or CEUs required in your home state seems to be the most prevalent shortfall.
  3. Not only the rules, but the total environment for adjusting workers comp claims may be different. How you adjust in one state may not work in another.  Each state is unto its own with workers compensation even though the forms, deadlines, and benefit payments may be similar.  Many defense attorneys can provide you with a cheat sheet of how to handle claims in the new state.
  4. The WALSH or PWALSH test for claim jurisdiction may cause the claim to be moved to a jurisdiction where you do not possess a license.  Check here for the WALSH/PWALSH test to make sure you have the correct license.
  5. The medical networks that exist in one state may not be the same in other states. This one befuddled me the most when I did full-time workers comp claim adjusting.  The employer may have the right to choose an initial treating physician in one state.  The employee may have the choice in another.  The jurisdictional concern (see #4) can complicate this one even further.

Bottom Line

If you are adjusting workers comp claims for a carrier, you may be provided with a guide on the new states.  If that is not the case, many workers comp professionals such as rehabilitation nurses and defense attorney firms may be of great help.

Attending a claims conference in the new state(s) can easily provide most of the knowledge that you need to adjust claims in the state.  Check with the insurance department or Workers Comp Commission in the state for the next conference dates.

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James J Moore - Workers Comp Expert

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Management Consultants, Inc. in 1996. J&L’s mission is to reduce our clients’ Workers Compensation premiums by using time-tested techniques. J&L’s claims, premium, reserve and Experience Mod reviews have saved employers over $9.8 million in earned premiums over the last three years. J&L has saved numerous companies from bankruptcy proceedings as a result of insurance overpayments.

James has over 27 years of experience in insurance claims, audit, and underwriting, specializing in Workers’ Compensation. He has supervised, and managed the administration of Workers’ Compensation claims, and underwriting in over 45 states. His professional experience includes being the Director of Risk Management for the North Carolina School Boards Association. He created a very successful Workers’ Compensation Injury Rehabilitation Unit for school personnel.

James’s educational background, which centered on computer technology, culminated in earning a Masters of Business Administration (MBA); an Associate in Claims designation (AIC); and an Associate in Risk Management designation (ARM). He is a Chartered Financial Consultant (ChFC) and a licensed financial advisor. The NC Department of Insurance has certified him as an insurance instructor. He also possesses a Bachelors’ Degree in Actuarial Science.

LexisNexis has twice recognized his blog as one of the Top 25 Blogs on Workers’ Compensation. J&L has been listed in AM Best’s Preferred Providers Directory for Insurance Experts – Workers Compensation for over eight years. He recently won the prestigious Baucom Shine Lifetime Achievement Award for his volunteer contributions to the area of risk management and safety. James was recently named as an instructor for the prestigious Insurance Academy.

James is on the Board of Directors and Treasurer of the North Carolina Mid-State Safety Council. He has published two manuals on Workers’ Compensation and three different claims processing manuals. He has also written and has been quoted in numerous articles on reducing Workers’ Compensation costs for public and private employers. James publishes a weekly newsletter with 7,000 readers.

He currently possess press credentials and am invited to various national Workers Compensation conferences as a reporter.

James’s articles or interviews on Workers’ Compensation have appeared in the following publications or websites:

  • Risk and Insurance Management Society (RIMS)
  • Entrepreneur Magazine
  • Bloomberg Business News
  • WorkCompCentral.com
  • Claims Magazine
  • Risk & Insurance Magazine
  • Insurance Journal
  • Workers Compensation.com
  • LinkedIn, Twitter, Facebook and other social media sites
  • Various trade publications

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