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2016 NJ State PBA Collective Bargaining Seminar ‘Insure yourself well’ WORKERS COMPENSATION LAW Daniel Geddes, Esq. Daniel Geddes, an attorney with more than 20 years specializing in workers compensation law, presented the following scenario to members: A snowstorm buries the roadways, but as you know, that’s not an excuse to not clock in. After parking in the police department’s lot and exiting the vehicle, an officer slips on a patch of black ice and cannot move his or her neck. Westfield Local 90 secretary Elizabeth Savnik experienced that same situation during Winter Storm Jonas – without the serious injury. But imagine if she had? The department sends her to a doctor who says, “go back to light duty.” Over time, she visits an orthopedist, gets an MRI and is diagnosed with serious nerve damage and needs surgery. Three to four months into treatment she is out of work and Maximum Medical Improvement (MMI) kicks in, which means Savnik just received her last paycheck. “That doctor knows nothing about the rules or the statues that apply to (first responders),” informed Geddes. “You don’t have to be totally disabled; you have to not be able to perform the duties and functions of a law enforcement officer.” Geddes has helped thousands of officers understand exactly what to do if an injury occurs on the job and how to file a workers compensation claim. Remember to immediately report a work-related injury to a supervisor and request authorized medical treatment. Unless an authorized doctor places you out of work (a visit to the ER is always covered), the insurance company will not cover the associated costs. Slipping on the ice on the way to work is one reason to file a claim, as is getting into a car accident in a patrol vehicle or having a heart attack from exertion on the job. “In our line of work, getting seriously injured to protect the public is huge,” explained Westfield Local 90 member Joseph Habeiche. “It’s something we all know may happen and there has to be people in the PBA that know the rules, the laws and what we can or can’t do if that unfortunate circumstance ever does present itself.” ‘One of the biggest issues in contract negotiations’ HEALTH BENEFITS David Beckett, Esq. The Law Office of David Beckett Kevin Lyons NJ State PBA Health Benefits Coordinator Hopatcong Local 149 member Mike O’Shea and Local 149 President Rich Sadowski listened intently to the Health Benefits session as the duo gears up to enter their fourth contract negotiation at the end of this year. “It’s a combination of what the (presenters) say and other members’ experiences,” recapped O’Shea. “It’s helpful to see what they’re doing to combat the same type of problems.” Negotiating a new contract is difficult and Chapter 78 has added to the complexity of negotiating health insurance benefits for members by restricting what can be done. “With Chapter 78 it’s a whole new ball game,” asserted Sadowski. “Your hands are kind of tied with what you can do.” David Beckett of the Law Office of David Beckett brought his extensive experience in the field of labor and employment law to the seminar, recommending to go into negotiations with as strong a base plan as possible, and to walk away with a plan equal to or better than the previous contract. 50 NEW JERSEY COPS ■ FEBRUARY 2016 Healthcare insurance companies are squeezing hospitals and doctors to accept as low of a rate as possible by reducing supply of doctors you can go to. “They’re saying we will deliver a population of ‘X’ if you agree to provide this service at this charge,” informed Beckett. Before switching insurance carriers, the key is to make sure the majority of hospitals and doctors members use are listed in the plan and know if it excludes brand-name prescription drugs. Beckett’s proposal is to ask for the in-network and formative prescription drug list and understand it before heading into negotiations. “It seems like comparing plans so you have apples to apples is the biggest thing,” O’Shea acknowledged about what he learned from this session. “You have to make sure you’re getting the same thing from one plan to the other. We weren’t very familiar (with the State Benefits Plan) but after meeting some of the (members) here, they said they’re paying a lot less than what we’re paying. Maybe we need to look into that.”