5 Questions for Kirsten Kaiser Kus on Trends, Risks, & an Upcoming CLM Session

In advance of the CLM Focus Conference coming up Feb. 11-12, we're presenting a series of conference-preview pieces to better understand what the sessions will offer and why they're relevant to the workers' compensation industry. Today, we catch up with Kirsten Kaiser, who will present Navigating New Trends and Risks in Work Comp Cases alongside Evelyn Eury, Ya'Sheaka Williams, and Ron Carter.

Q: How would you define or describe "emerging trends getting out of hand" and why that issue is important?

KK: Each year, new events, technologies, legislation, and behavioral patterns alter the workers’ compensation insurance landscape. The way Americans work is always changing, and these changes carry accompanying risks. It is crucial that insurers and their defense counsel stay up to date on these trends and continually reassess how to respond to new developments as they arise. This requires us to look up from our work and think about the big picture, but in doing so, we can greatly improve the way we analyze and respond to claims. The field of workers’ compensation involves a relationship between three groups: defense counsel, employer, and carrier. As a mediary between the two, defense counsel is in the best position to notice these trends, develop a response plan, and communicate their recommendations back to the carrier and employer to reduce the number and severity of claims.  Telemedicine, excessive medical treatment of injured workers, catastrophic claims and opposition to nurse case managers by the Plaintiff bar are just some of the topics that will be discussed.

Q. Who should attend this session, meaning who stands to learn the most and can put what's learned into action?

KK: Employers, risk managers, claim handlers and defense counsel will all benefit from this session to proactively have a plan in place to prevent these issues which significantly increase litigation and the cost of their claims.  These attendees will also learn what to do if they are faced with one of these issues and how to mitigate and minimize exposure.

Q. What experiences have you had that have led you to this topic and presenting on it?

KK: Regarding telemedicine, it is great for certain types of medical specialties, like psych.  However, I have seen a broken bone diagnosis missed because an initial injury was treated via telemedicine so no diagnostics were completed.  It needs to be used in the right cases.

Plaintiffs abusing medical treatment has been an ongoing issue for our industry.  In my state, I am able to use discovery, surveillance and depositions to try and put a halt to treatment.  I can then take the information I learn from these tools and request a narrative from a treating physician and highlight the inconsistencies in Plaintiff’s complaint in office versus their true daily living activities and prior medical treatment.

Nurse case managers and catastrophic claims go hand in hand as a good nurse case manager can help facilitate treatment and make sure the proper physicians are providing necessary treatment to get claimants to maximum medical improvement and the best recovery possible.  Nurse case managers being villanized by the Plaintiff bar is completely unacceptable and I have addressed it with the Hearing Members to get opposing counsel in line.

Q. With the knowledge gained from this session, what will attendees potentially have in their professional "toolboxes" that they didn't have before the session?

KK: Attendees will be able to spot potential issues to prevent them from happening or if they do arise, they will be able to use these tools to minimize the costs of their claims and get these injured workers to maximum medical improvement. Minimizing risk and cost of claims by preventing these issues and being able to stop them early before they spiral into extended litigation will be extremely helpful.

Q. What about this topic and session do you find makes you feel proud about presenting on it?

KK: I take pride in great communication with my clients, ways to think outside of the box to defend my client’s claims and doing everything I can to minimize their overall claim cost.  Educating our community is crucial and I am always happy to do so for my current clients and anyone that reaches out with an issue, even if they are not my client. 

Share This Article: