Home > Worker's Compensation Division > Self-Insurers Council

Worker's Compensation Self-Insurers Council Minutes

Meeting Minutes
Madison, Wisconsin
February 13, 2002

Members present:   Ms. Hudson, Ms. Joswiak, Mr. Kante, Ms. Neuman, and Mr. Wittry

Absent: 

Staff present: Mr. Krueger, and Mr. Tomsyck

Call to order. The meeting was called to order by the Chair, Mr. Wittry at 10:00 A.M. in conformance with Wisconsin’s open meeting law.

Announcements. The Chair announced that the self-insured employer who was originally scheduled to appear before today’s Special Self-Insurer Council canceled their presentation and that is the reason for the “revised” Agenda and start time change.

Review and approval of the minutes of the previous meeting. Minutes of the November 7, 2001 meeting were approved as written.

Closed session review employer specific excess levels and surety bond issues. In accordance with s. 19.85(1)(f) the council convened in closed session to review financial, loss experience, safety and other information of employers presently or previously exempt from the duty to insure. Some of the companies’ specific financial or other business information may be confidential and not subject to public disclosure.

Closed session review reports of self-insured employers. In accordance with s. 19.85(1)(f) the council convened in closed session to review financial, loss experience, safety and other information of employers presently or previously exempt from the duty to insure. Some of the companies’ specific financial or other business information may be confidential and not subject to public disclosure.

Closed session Self-Insured Employers Liability Funds [122.28(8)]. Presentation. In accordance with s. 19.85(1)(f) the council convened in closed session to review individual claimants' settlements/compromises and ongoing care of specific individuals. The information is personal and may be confidential and not subject to public disclosure.

Open Session

Department Proposals

1. Specific Excess Insurance Requirements. The Council took judicial notice that the Wisconsin Administrative Code, specifically DWD 80.60(4)(d)(7) requires all self-insured employers (exempted by Order) to carry specific per occurrence excess insurance with the retention and maximum limits recommended by the Council and approved by the Department. Because of this requirement, any self-insured employer that does not already have specific per occurrence excess insurance shall be sent a written letter by the Department, advising them of this requirement as a condition of remaining a self-insured employer in Wisconsin. The Department will then re-issue that employer’s exemption Order to include the requirement to carry specific excess insurance. The Council, in closed session, will review and approve the retention amounts. All self-insured employers shall have the upper limit of their policy to be “statutory”, unless specifically approved otherwise by the Council. In addition, there shall be no exclusions or limitations in the policy such as terrorists or acts of war.
2. Disclosure on Application. The Council agreed that disclosure was necessary and should be included when application packets are mailed out regarding the current special assessments and appreciated that Mr. Tomsyck had already revised the Application to include such a notice to all potential self-insured applicants. The only modification that was suggested was to include a statement to the effect that even applicants (future applicants), once approved, are automatically subject to any ongoing assessment.

Self-Insurer focus group. Mr. Krueger is still working on this. The main purpose of the focus group is to discuss and review the Wisconsin Statutes and Administrative Code as they relate to self-insurance and to recommend appropriate changes to the Council and the Department.

Next meeting. Mr. Wittry suggested that all future meetings be on Mondays. The reason for this request is because he is now located in New York on a special assignment. He requested that this change be made until he returns to Wisconsin.

Council members all agreed. So all future meeting will be on Mondays until further notice.

There are no applications pending and there are no urgent or pressing issues that the Council needs to address at this time. Because of this, the Council will next convene when there are applications pending or other issues that need the Council's input or approval. It is anticipated that the next Council meeting will be held sometime in late spring or early summer of 2002. Mr. Wittry suggested that if a Council Meeting is necessary in May, that it be on Monday, May 6, 2002. Mr. Tomsyck will poll Council members when it becomes apparent that another meeting is warranted.

The meeting was adjourned at 2:00 PM