Thrown from a Horse: How Technology Gave One Worker His Life Back

As workers’ compensation technology continues to grow, nurse case managers find the right devices to foster independence and cut costs.

Thrown from a horse. Injured with a broken back. Left as a paraplegic.

He was a young man in his mid-twenties, working on a ranch as a foreman. He used four-wheelers daily, rode horses and drove a pick-up truck. At home, he had a wife and two young kids. He hunted game to provide food for his family.

This foreman needed to work.

“He was determined to get back to work despite the obstacles set before him,” said Kevin Glennon, vice president of clinical programs for One Call. Glennon, who has been with One Call for 22 years, was a nurse case manager at the time. He was assigned to the foreman’s case and knew exactly what he had to do.

“I had to tap into the available technology to get him back to work as a functioning member of society.”

Finding the Right Devices

“Every year there are more and more advancements with technology,” said Glennon.

For this worker, Glennon needed to find devices that could support him both on the ranch and in his home. Glennon approached the carrier and adjuster with his plans to include innovative technologies in the recovery plan. Lucky for him, they were in full support.

Kevin Glennon, vice president of clinical programs, One Call

As an avid hunter, the foreman needed a way to get into a deer stand. Glennon researched “hydraulic deer stand” and found a lot of different products. To get the foreman back on his horse, Glennon researched “specialty saddles for horses for paraplegics.”

“Thank goodness for the internet,” quipped Glennon. Before, he had to search catalogs for this kind of workers’ comp tech.

Now, the internet acts as a jumping point, providing an answer to the most important question: Is there a technology out there for this?

Cost-Effective Solutions

Sometimes the more “high-tech” devices are actually the most cost-effective in a workers’ comp case. A standing wheelchair, for example, can replace the need for multiple devices.

“I like to explain to the carrier that instead of buying multiple pieces of equipment, like a wheelchair and standing table, sometimes we can buy one that does it all,” said Glennon. “That’s cost-effective for everyone, including the injured worker who won’t need to make room for two devices.”

“Innovative approaches foster independence in patients and increase their self-esteem and self-worth. Technology today can make all the difference in a case. It provides case managers with so many more options than they had just a few decades ago.” — Kevin Glennon, vice president of clinical programs, One Call

The foreman qualified for a standing wheelchair and a ramp was placed inside the barn where he worked, which was used to raise him up to a horse’s height. A trapeze, which the foreman used to hoist himself onto his horse, was also installed.

Additionally, Glennon, as the case manager, found a saddle that comfortably supported the foreman atop his horse without straining the animal.

“Someone else has to strap him in [to the saddle], but once he’s on, he’s good to go,” said Glennon.

And as for this worker’s personal life, Glennon acquired a hydraulic deer stand. This stand enabled the worker to wheel himself into the cabin and use a button to raise the stand to a hunting height.

“Innovative approaches foster independence in patients and increase their self-esteem and self-worth,” said Glennon. “Technology today can make all the difference in a case. It provides case managers with so many more options than they had just a few decades ago.”

Increasing independence decreases the need for attendant care, which is typically $30 to $35 an hour, Glennon explained. This, in turn, keeps the injured worker less dependent on the health care system.

“That’s the biggest thing technology is doing — fostering independence.”

The Endless Possibilities of Technology

New devices can impact many types of claims. One type of technology making waves in the workers’ comp industry is wearables.

“When we talk about wearable technology, most people think about watches or the new iPhone. People don’t often think about manual wheelchairs in terms of a wearable, but they can bring a person into an upright position,” said Glennon.

While standing wheelchairs enable a paraplegic to move around, reach items on high shelves or get back to work, something as simple as a GPS monitor inserted into a shoe can foster that same independence for someone with a minor brain injury.

“It’s just like a Dr. Scholl’s insert, and it will track people with mild head injuries who might get lost,” said Glennon.

Wearables also promote safety by preventing injury from happening in the first place. There are helmets with sensors that alert users to physical hazards in their work environment. Exoskeletons are built to prevent workers from overextending at work. Chips have been embedded in workers’ clothing to detect safe noise levels and temperature.

“As technology continues to advance, it’s important to always look for ways to keep workers safe, independent and returning to work.”

And as for the case of the foreman: “He maintained his foreman status. That claim had no attorney involvement, and he went on to have three more kids.” &

Autumn Demberger is a freelance writer and can be reached at [email protected].

How a Carrier Partner Can Help Navigate a Challenging Management and Professional Liability Market

A combination of a choppy economy with increased claims frequency and severity could lead to rate increases in the Management & Professional Liability market.

By: Risk & Insurance | April 3, 2024

Rates in the management & professional liability (M&PL) markets were on the rise from 2020 to early 2023 and are now falling rapidly.

M&PL divisions manage a number of different insurance products including management liability (D&O), professional liability (E&O), employment practices liability (EPL), fiduciary liability policies, cyber, etc. In 2023 and into 2024, a big influence on the marketplace has been the extremely aggressive and softening public company D&O market.

Though these rates have been softening for management liability, that may change over the next few years as companies continue to adjust their business models motivated by economic uncertainty. Layoffs were up nearly 200% last year, Forbes reported, even as other recession indicators, like the inflation rate, improved. A recession could lead to an increased claim activity and force carriers to raise rates.

“Whenever there is a meaningful downturn in the economy, we tend to see claim frequency pop up,” said George Schalick, Jr., senior vice president of the Management and Professional Liability Division at Philadelphia Insurance Companies (PHLY).

With continued fiscal uncertainty, businesses potentially already burdened with pandemic-related claims should seek a carrier with a long history in M&PL products. They will provide much-needed risk management guidance and be better positioned to support their insureds during market fluctuations.

Why Insureds Might See an Uptick in M&PL Claims

George Schalick, Jr., Senior Vice President of the Management and Professional Liability Division, Philadelphia Insurance Companies

The current soft market might come as a bit of a surprise as it does not track with previous underwriting cycles and economic conditions. Afterall, many privately held and non-profit organizations struggled during the early days of the pandemic with shutdowns and rapidly declining revenues. But the Government assistance programs, like the Paycheck Protection Program loans, helped keep many afloat during the tough times.

“During COVID many organizations stopped doing business until they were able to sort out all of the health and safety challenges,” Schalick said. “They were forced to lock down, but then all the government assistance programs allowed them to keep people employed. The increased volume of claims we anticipated we would see coming from the lockdowns and restrictions that were imposed upon businesses in the U.S. didn’t manifest at first.”

“Just because there wasn’t an onslaught of reported claims at the beginning of the pandemic, doesn’t mean the circumstances that would give rise to a claim being reported didn’t occur. Courts and the judicial system were closed or slowed and now that they are back open, we’re starting to see the circumstances that occurred during the COVID lockdowns becoming claims today,” Schalick said. “Litigation is progressing.”

Added to the delayed pandemic litigation is a concern over newer claims that might be filed as the country inches toward an economic downturn. Though a recession was avoided in 2023, experts think a soft dip could occur in 2024, with 76% of economists saying there’s a 50% or less chance of an economic downturn this year — that almost always results in more management liability claims.

“During the Great Recession in 2008, we saw an almost immediate spike in claims because of the economic conditions and the pressure it placed on organizations. They were making personnel changes with significant belt tightening almost immediately.” Schalick said.

What’s in Store for M&PL Policy Rates in 2024?

Despite an uptick in claims and increased economic uncertainty, management liability rates haven’t increased, resulting in market-wide pricing levels that may not meet the increased pressure of rising settlements and jury verdicts.

“Rates are going the other direction and settlement values are not falling,” Schalick said.

The mismatch between rates, claim frequency and severity is, in part, because carriers experiencing the dramatic soft market in the public D&O market are seeking premium gain in the private and non-profit market.

“In the public company market, the rates have been decreasing significantly. The rates were increasing in the private, not-for-profit market, and rightfully so, but there’s a desire to supplement overall mid-size D&O for carriers who also write private not-for-profit, and they see that as an opportunity to aggregate premium,” Schalick said. “So the always competitive landscape in the private, not-for-profit market has dramatically increased in the last 18 to 24 months.”

Still, companies of all sizes and types should be concerned about management liability rates in the future. Legal system abuse is resulting in increases in both the amount of litigation and the size of verdicts plaintiffs are receiving.

Certain areas of the country are particularly vulnerable to this type of legal system abuse. As a result, insureds in these localities are likely to be vulnerable to rate increases.

“The environment is so positive for the plaintiff that forces premium increases so carriers are able to stay in that market long term,” Schalick said.

Why a Tenured Carrier Partner Can Help Insureds Navigate An Uncertain Market

It’s clear that insureds are facing an uncertain M&PL market over the next few years. Fortunately, carriers with a long history in the M&PL space will be there to offer stability.

Philadelphia Insurance Companies has been supporting this market for 35 years. PHLY is committed to offering long-term rate stability, even as economic and claims trends start to push premiums upwards. They have an appetite for all sorts of companies, large and small, for-profit and nonprofit alike.

“We’ve been at this game for a long time and are one of the most tenured underwriters in this space,” Schalick said. “We like to stay very consistent.”

PHLY has worked with both for-profit and non-profit on management liability policies. With dedicated M&PL teams throughout the company’s 13 regions, PHLY provides the support agents and brokers are looking for on behalf of their clients. The teams know their regions well and can respond to local trends. They’re also dedicated to making the renewal process as easy as possible for their partners and policyholders.

“We have real confidence in our results, so we focus a lot on making the renewal experience as painless as possible for all agents and insureds,” Schalick said.

The company is also investing in tools to help insureds avoid losses. Earlier this year, they launched a new online risk management platform, PHLYGateway, which offers resources for insureds on how to create an employee handbook and trainings on issues such as recognizing workplace sexual harassment and discrimination.

If insureds have questions, they can consult a Best Practices Help Line, provided via the platform. That way, they can get on the spot risk management guidance to help them prevent claims.

To learn more, visit: https://www.phly.com/mplDivision/managementLiability/default.aspx.

This article was produced by the R&I Brand Studio, a unit of the advertising department of Risk & Insurance, in collaboration with Philadelphia Insurance Companies. The editorial staff of Risk & Insurance had no role in its preparation.

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