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NFL Admits Game’s Link to Concussion Risk

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After years of denying that the game of football could have caused degenerative brain disease in some players, the National Football League has finally admitted there is a link connecting the game to chronic traumatic encephalopathy (CTE). According to the New York Times:

Representative Jan Schakowsky, Democrat of Illinois, asked during a round-table discussion about concussions whether “there is a link between football and degenerative brain disorders like CTE,”

Jeff Miller, the NFL’s senior vice president for health and safety policy, said, “The answer to that is certainly, yes.” His response signaled a stunning about-face for the league, which has been accused by former players and independent experts of hiding the dangers of head injuries for decades.

Miller’s comments were backed the next day by league spokesperson Brian McCarthy. Miller’s answer may actually help the NFL, as “It could make it harder in the future for a player to accuse the league of concealing the dangers of the sport,” the Times said.

“Strategically, the NFL’s admission makes a world of sense,” Jeffrey A. Standen, dean of the Chase College of Law at Northern Kentucky University, told the Times. “The league has paid a settlement to close all the claims previous to 2015. For future sufferers, the NFL has now effectively put them on notice that their decision to play professional football comes with the acknowledged risk of degenerative brain disease.”

While CTE has been found in former players, the NFL has for decades denied the danger, even after researchers with Boston University announced in 2014 that, in autopsies of 79 brains of former NFL players, 76 tested positive for CTE. A report in 2003 by the Center for the Study of Retired Athletes at the University of North Carolina found a connection between concussions and depression among former professional football players.

According to a 2007 UNC study, Recurrent Concussion and Risk of Depression in Retired Professional Football Players:

Our observed threefold prevalence ratio for retired players with three or more concussions is daunting, given that depression is typically characterized by sadness, loss of interest in activities, decreased energy, and loss of confidence and self-esteem. These findings call into question how effectively retired professional football players with a history of three or more concussions are able to meet the mental and physical demands of life after playing professional football.

The NFL has directed millions of dollars to research of CTE and head trauma and it gave $45 million to USA Football to promote safe tackling and reassure parents that football’s risks can be mitigated through on-field techniques and awareness, the Times said.

What is Your Reputation Worth?

“It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you’ll do things differently.” – Warren Buffett

For Volkswagen, the second largest auto manufacturer in the world, it took 78 years to build its reputation and one day to lose it. Volkswagen Group has about 340 subsidiary companies. It has operations in 150 countries, including 100 production facilities. The company sells passenger cars under the Audi, Bentley, Lamborghini and Porsche brands, and motorcycles under the Ducati brand.

VW admitted installing software in diesel cars to dupe emissions control tests byVW making them test cleaner than they actually were—even using this information in their marketing campaign to promote these cars. Unfortunately for them, in 2014 a team of researchers at West Virginia University ran separate tests both in the lab and on the road and to their surprise the road tests showed 40 times more emissions. After 14 months of denials VW admitted they had installed “defeat” software that detected when the car’s emission system was being monitored in the lab and altered the results.

As a result of the fallout, the company’s CEO resigned, criminal charges were filed, and losses are estimated to be in the billions.

No one will know for sure how much this lapse in judgment will cost Volkswagen in the long run. It makes you wonder who made the decision to cheat. Was it just one engineer, or a team of engineers? How far up the chain of command did it go? Did the CEO know? It doesn’t matter because he was forced to resign and the damage had been done.

This is yet another example of the need to add reputational risk to our list of risk issues. Damage to a firm’s reputation can result in lost revenue, increased operating cost, regulatory costs and destruction of shareholder value (VW stock was down 37% two days after they admitted cheating). It can also be triggered by an adverse or potentially criminal event, even if the company is not found guilty. Adverse events that are typically associated with reputation risk include ethics, safety, security, sustainability, quality and innovation. Reputational risk can also be a matter of corporate trust.

This damage is not always limited to one company and often embroils others. Just ask former employees of Arthur Anderson. The company, founded in 1913, was formally one of the big five accounting firms until it was found guilty of criminal charges in its handling of the auditing of Enron, an energy, commodities, and services company based in Texas. Arthur Anderson managed the firm he founded until his died in 1947. He had a reputation of being a committed supporter of high standards in the accounting industry; and was known for his honesty and his argument that an accountant’s responsibility was to investors, not their clients’ management. According to employees, during the early years an executive from a local utility approached Andersen to sign off on accounts containing flawed accounting, or else face the loss of a major client. Andersen refused without thinking twice, replying that there was “not enough money in the city of Chicago” to make him do it. For many years, Andersen’s motto was “Think straight, talk straight.” If the Arthur Anderson auditors had followed the advice of its founder, however, they might still be around today.

As for Enron, before its bankruptcy in 2001 the company employed about 20,000 staff and claimed revenues of nearly $111 billion during 2000. Fortune magazine named it “America’s Most Innovative Company” for six consecutive years. But eventually top executives Jeff Skilling and Ken Lay were convicted of securities fraud and other charges.

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Lay died before serving any prison time, while Skilling received a 24-year sentence and could be released as early as 2017.

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The fallout hit their employees hard and cost many of them their 401(k) retirement. This prompted congress to change the laws to limiting ownership of company stock in 401(k)’s, and perhaps was the catalyst for Sarbanes-Oxley legislation.

An effective approach to managing reputational risk is to address it before, during and after a crisis. Crisis management will be critically important in handling major reputation problems. It begins with identifying risks and putting controls in place to limit the damage.

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All this needs to be done before a crisis hits, rather than developing a crisis management strategy when your back is against the wall—a good offense is the best defense. So make sure your “blind side” is well-protected. While protecting your company’s reputation and brand can be challenging, being prepared is critical.

Little Movement in February P&C Rates

Commercial property and casualty rates in the United States remained flat in February, with small changes in some lines compared to the previous month. The composite rate remains at minus 4%, according to MarketScout.

“There was little movement in rates in most sectors.

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The only notable change was in manufacturing, which decreased from minus 2% in January 2016, to minus 5% in February 2016,” Richard Kerr, MarketScout chief executive officer said in a statement.

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“Traditionally, February has always been a slow insurance month, so the lack of activity in rates is not surprising.”

While business interruption, inland marine and commercial auto coverages were priced more competitively in February, compared to January, the rates for other coverages remained steady.

Large and jumbo accounts were also down more in February, with large ($250,001 to $1 million) down from minus 4% in January 2016, to minus 5% in February. Jumbo accounts (more than $1 million), dropped from minus 3% to minus 4% in the same period. All other account sizes saw the same composite rate as the previous month.

By industry, manufacturing saw a significant rate decrease, from minus 2% in January, to minus 5% in February. Habitational dropped another 1% in February for a total of minus 6%.

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All other industry rates remained the same as in January, MarketScout said.
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February 2016 rates by coverage, account size and industry class:

Feb-coverageFeb-account sizeFeb-industry class

How to Cut the Cost of Your Workers Comp Insurance

You can control the cost of your organization’s workers compensation insurance by knowing a few insider tips used by workers compensation cost control specialists.

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What follows are two proven methods to reduce the cost of this vital insurance to the absolute minimum.

Your Experience Modification

Most employers accept the experience modification as an absolute number, with few options to improve. That is a mistake that can cost large sums of money and put the
employer at a competitive disadvantage.

Here is how you can improve your ex-mod. Begin by obtaining a copy of your Experience Rating Worksheet.

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This document contains the payrolls, claims, and other factors that make up the ex-mod. You should have received a copy of the worksheet in the mail, but if you did not, it is available from your insurance agent or broker, direct from the insurer, or by ordering a copy from the NCCI in Boca Raton, Florida.

With that worksheet in hand along with an up-to-date loss run, check the following: Make certain the claims that have been charged to the ex-mod under the column labelled “Act Inc Losses” belong to your firm. We have seen firms charged for claims that belong to someone else, so it is a good idea to confirm that your ex-mod contains only your company’s claims.

Be aware of your loss valuation date and make certain that every claim poAuditssible is closed before that date. Generally, the date is six months before the ex mod becomes effective. Otherwise, your ex-mod might include an open claim reserve that was settled. Remember, you can request the insurer’s claims adjuster to close claims before the loss valuation date.

Confirm that the insurer has correctly determined and deducted “loss adjustment expenses” from incurred losses. These are the insurer’s expenses and should not be charged to you. Finally, check the payrolls and confirm that the amounts used correspond with the underlying audits.

Get the most from classifications

Know that, in general, premium auditors are not permitted to add new classifications. While this is contrary to procedures followed by several large insurance carriers, provisions within the policy and elsewhere require that, if a class code is to be changed, it must be changed by the underwriter and not the auditor.

Also, in the case of contractors, they may allocate the payrolls of construction employees to different classifications of work, provided that the contractor keeps contemporaneous records that support the payroll allocation. They should preemptively discuss how to set up the payroll records with the insurer’s audit department so that wages are assigned to all the eligible classifications.

Another premium saving suggestion is to prepare a pre-audit before the annual audit. In completing its annual premium audit, the insurer works from the records that you provide. Help make the auditor’s job more accurate by completing your own audit. Make certain that the prepared payrolls take into account all the credits, limitations, and deductions available. Many auditors will accept your prepared work as their own.

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Finally, when the audit is complete, request a copy of the auditor’s worksheets, review the worksheets with him or her and discuss how employees were classified. Then, when the final invoice arrives, be sure to compare it to those worksheets.