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title: Member News [June 2022 Risk Pool Report]
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Partnership Award, Podcast Updates, Cyber Attack Tips, and More!

| View in browser July 2022 Information You Need to Stay Stronger, Together. In this edition... First Responder Workers’ Compensation Benefits: The Facts Risk Management Minute Stronger, Together Podcast Series: The Latest Episodes Cyber Attacks on the Rise: “City Employee Tricked into Sending Millions to Email Scammer” TIPS Sheet: Poisonous Plants and Insects Member Spotlight: Partnership Award – City of Grand Prairie Police Department’s Crisis Support Unit Service in Focus: Contractual Risk and Loss Prevention Training NEWS/UPDATES   First Responder Workers’ Compensation Benefits: The Facts A Texas Observer article and Texas Standard interview recently reported on the TML Risk Pool’s alleged mistreatment of three first responders who sought workers’ compensation benefits from the Pool. They describe the Pool as a mysterious agency making benefits decisions in the dark. As Pool Members know, nothing could be further from the truth. In fact, the process to determine the beneficiaries can be stressful for first responders and their families, and can appear to be cruel and cold-hearted, but the Pool is obligated to get it right.  Read more about why the Pool was formed, why the Pool sometimes files a lawsuit to determine who is entitled to workers’ comp benefits, and how the Pool takes care of first responders and their families.  The nine-minute Episode 10c of the Stronger, Together Podcast also provides a brief explanation of the facts surrounding the issue. Risk Management Minute Q: What is the “first responders’ workers compensation disease presumption?” A: In 2005, the Texas Legislature amended the state’s workers’ compensation law by adding the “first responders’ disease presumption.” It “presumes” that certain diseases (e.g., some cancers, heart attacks in certain instances, COVID-19, and others) contracted by firefighters and EMTs are caused by exposures on the job. Police officers also enjoy the presumption, but generally not for cancer. How does the law work in practice? For example, a firefighter who develops skin cancer gets full workers’ compensation benefits, including medical expenses and lost wages. Most importantly, the law provides lifetime income benefits to the surviving spouse (and in some cases other family members) if the first responder dies from the disease.  Those benefits can easily amount to millions of dollars over the lifetime of a surviving spouse or other family member. A city, as the firefighter’s employer, can overcome that presumption if it can be shown that he or she may have contracted the disease elsewhere. Since 2005, the Pool has paid or incurred over $85 million to the surviving family members of 53 first responder disease presumption fatalities. Of that amount, over $67 million is for 45 fatalities based on the COVID-19 presumption, which applies to claims made over just the past two-and-a-half years. Check out Episode 10b of the Pool’s Stronger, Together Podcast to learn more. Stronger, Together Podcast Series:  The Latest Episodes Episode 10c: First Responder Workers’ Compensation Benefits – The Facts The Texas Observer recently asserted that the TML Risk pool mistreated three first responders when it disputed their benefits. Please join Scott as he guides you through a brief explanation of the facts surrounding worker’s compensation beneficiary disputes in the special, nine-minute Episode 10c of the STP Series.    Episode 17: Temporary Custodians – Public Information on Private Devices and Accounts Do you use your personal cell phone, tablet, or computer to conduct city business?  If so, you are a “temporary custodian” of work-related information you create, receive, or send.  And if you don’t manage it properly, you could be subject to criminal penalties – up to six months in jail and/or $1,000 fine.  Please join Scott as he guides you through what’s required in Episode 17 of the STP Series.    Episode 16: Are You Prepared: Before, During, and After the Storm As hurricane season begins, please join Scott as he and a special guest discuss in Episode 16 of the STP Series: (1) the most important aspect of preparing for and recovering from damage caused by a hurricane, including several beneficial documents; and (2) a video of a comprehensive workshop presentation on the subject.   Episode 15e: STP Special Video Report Series: 2022 Rerates – An Interview with Executive Director Jeff Thompson In this special five-episode series, you can either watch (by clicking on the YouTube link) or listen in the traditional podcast format (by clicking the Listen Now button). The series provides an explanation of the major rate drivers and their effect on your 2022 rerates.  In this episode, Scott interviews Jeff Thompson (Risk Pool Executive Director) to get Jeff’s thoughts on the state of the Pool, rerates, and more.  Cyber Attacks on the Rise: “City Employee Tricked into Sending Millions to Email Scammer”  If you don’t want that headline to be about you, keep reading. Carefully. And please share it with every person in your organization. Cyber criminals frequently pose as a manager or vendor and send a “phishing” email to local government employees. The email seeks to trick the employee into sending money or financial information. Common tricks include: Fraudulent vendor invoices. Sending urgent emails that appear to come from management or finance. Posing as an employee who requests human resources to redirect their paycheck to a new direct deposit account. Sending fraudulent wire transfer instructions to a payer for an upcoming transaction. To spot a fraudulent email, look for: Bad grammar and spelling mistakes. Unfamiliar greeting or salutation. Inconsistencies in email addresses, links, and domain names. Suspicious attachments. Request for login credentials, payment information, or sensitive data. Too good to be true offers. Anything else that appears “off.” If you see one or more of the above, or anything else that makes you suspicious, DO NOT click on links, supply any type of personal or work information, send money, reply to the email, attempt to contact senders, or open attachments.   Instead, follow your cybersecurity plan, which would typically include contacting the sender directly (outside of the email chain itself – referred to as “out-of-band”) to confirm legitimacy, reporting to IT, and/or deleting the email.   If someone in your organization accidentally falls for a phishing scam of other cyber-attack, contact the Risk Pool IMMEDIATELY at 512-491-2300.  Each member with liability and/or property coverage automatically has a base level of cyber coverage, and more is available for a modest contribution increase. We have resources available to assist those members start-to-finish.   As always, contact your Member Services Manager if you have questions regarding cyber prevention or cyber coverage. T.I.P.S. (Together Improving Processes and Safety) Sheet:  Poisonous Plants and Insects Texas is home to many poisonous plants and insects. Some are a mere nuisance, but others can cause severe reactions or even death.  Member entity employees should be able to identify these hazards, and supervisors and coworkers should be made aware of those with allergies to ensure appropriate prevention and treatment.  In one tragic situation, a Member’s parks department employee was mowing, unaware of a massive beehive in a tree above him. He was swarmed by the bees and ultimately passed away from the stings. The information in the Loss Prevention Department’s latest T.I.P.S. Sheet will help Members identify and avoid contact with harmful plants and insects   MEMBER SPOTLIGHT Partnership Award – City of Grand Prairie Police Department’s Crisis Support Unit The Pool is bestowing its Partnership Award to the City of Grand Prairie Police Department for its efforts to provide mental health resources for citizens in need. The Department’s Crisis Support Unit (CSU) consists of two licensed mental health clinicians and two police officers. Through collaborative community relationships and intensive training, CSU improves communication, identifies mental health resources for those in crisis, and ensures officer and community safety. When police are dispatched to a call that includes a mental health concern, the CSU also responds. A clinician will arrive on-site to help with de-escalation measures if necessary. The clinician then evaluates whether the person should go to a mental health facility in lieu of jail. The goal is to divert people from the criminal justice system back into treatment services. The City’s homeless population is a frequent beneficiary of the service. The CSU follows up to check on the citizen and provide support if needed. In January 2022 alone, the CSU performed 200 follow-ups. In addition to on-scene evaluations and follow-ups, the CSU provides training to officers on crisis intervention, de-escalation techniques, and other specialized areas of mental health, with the goal of teaching officers to independently interact with persons in crisis. Please view the CSU’s webpage for further information on the program. SERVICE IN FOCUS Loss Prevention Supervisor Leadership Training The Pool’s Tony Korioth Supervisor Academy provides participants with proven concepts of leadership and practical approaches to common challenges. This two-day training is free and appropriate for all departments and functions. Topics include: 1. The importance of employee engagement; 2. Issues impacting risk management; 3. A human resources law roundtable; 4. Communication between supervisors and employees; 5. Steering confrontation toward constructive outcomes; 6. Surviving and thriving in times of stress; and 7. Much, much more. Tomorrow’s excellence in leadership begins today. Find this and other Loss Prevention workshops on the Pool’s training calendar. Contractual Risk Transfer Last month’s newsletter featured contractual risk transfer in this section. The Pool has since had a few instances of failure to do so causing problems for Members, so here it is again! A poorly-drafted contract can create extensive liability for your entity. The TML Risk Pool has several resources to help you with contracts basics: Episode 13 of the Pool’s “Stronger, Together Podcast” is titled “Contractual Risk Transfer” and explains: (1) the importance of shifting risk to the appropriate parties to a contract; and (2) the essential provisions that should be included in any major or high-exposure contract. STP episodes are short and informative, with short being the key – no episode is longer than 15 minutes. The “Further Information” links below the podcasts provide additional resources, including: 1. The Risk Pool’s memo on Risk Transfer and Contract Strategies 2. A Thomson Reuters (Westlaw) publication called Contract Drafting or Review for Local Governments 3. The Public Risk Management Association’s Insurance Requirements in Contracts: Tips for Effectively Transferring Risk Podcast Check out the resources above and reach out to your Member Services Manager/Loss Prevention Representative with questions!           Texas Municipal League Intergovernmental Risk Pool   PO Box 149194 Austin, Texas 78714 (512) 491-2300 or (800) 537-6655 TMLIRP, PO Box 149194, Austin, Texas 78714, (800) 537-6655 Unsubscribe Manage preferences |
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