2-27-2020; Shawn Biery Presents His New IL WC Rate Chart; What Is Required in an IL WC When Claimant Passes from Unrelated Causes and more

Synopsis: Illinois WC Rates Jump Again—even with the Chicago Tribune reporting that the most recent migration number puts Illinois 49th out of the nation's 50 states on net migration loss, there was a jump in the Statewide AWW to $1,161.80 and Your existing PPD Reserves May Need To Be UPDATED RETROACTIVELY(!).

To any of our readers and/or fans, Send a Reply to Marissa at mpatel@keefe-law.com to Get a Free Copy of Shawn R. Biery’s Updated IL WC Rate-Sheet!

Editor’s comment: There continues to be an upward trend of IL WC rates—even the ever steady statutory minimum rates are climbing. As mentioned before, twice every year, starting in the 1980’s, the IL WC Act provides a formula which effectively insures no matter how poor the IL economy is doing, your IL WC rates keep climbing.

We caution our readers to pay attention to the fact the IL WC statutory maximum PPD rate is now $836.69 (up from $813.87—a retroactive increase!!  When it was published, this PPD Max rate changed retroactively from July 1, 2019 to present. If you reserved a claim based on the prior rate for the period from July 1 to right now, your reserves are wrong.

It also should  be noted that for the first time since 2012, the statutory minimum TTD & PPD rates have been increased as of January 15, 2020. While the minimum is still the employee's average weekly wage or the rate below, whichever is lower with the rate dependent on the number of dependents as follows:

Dependents                        Min TTD & PPD Rate ​

0                                  ​$246.67

1                                  ​$283.67

2                                  ​$320.67

3                                  ​$357.67

4+                               ​$370.00

TTD MAX also rises. If you have a claim with a date of loss after July 2019 and a max PPD rate, you need to take a look and see if the new maximum PPD rate applies. The current TTD weekly maximum has risen to $1,549.07.

An IL worker has to make over $2,323.61 per week or $120,827.72 per year to hit the new IL WC maximum TTD rate.

The new IL WC minimum death or Total &Permanent Disability rate also went up. The IL WC minimum death benefit is 25 years of compensation or $580.90 per week x 52 weeks in a year x 25 years equaling a staggering $755,170.00! Yes, if Claimant makes $100 a week in a part-time job and dies in a work-related accident, the benefit is over $755K.

The new maximum IL WC death benefit is $1,549.07 times 52 weeks times 25 years or a lofty $2,013.791.00 plus burial benefits of $8K.

On top of this massive benefit, Illinois employers/governments have to contribute to a fund to pay COLA increases under the Rate Adjustment Fund that may double that already-high benefit, depending on the CPI.

The best way to make sense of all of this is to get Shawn Biery’s colorful, updated and easy-to-understand IL WC Rate Sheet.

If you want it, simply email Marissa at mpatel@keefe-law.com and include your mailing address if you would like to be mailed a laminated copy & you can also copy Shawn at sbiery@keefe-law.com with any questions, and his great team will get a copy routed to you before rates rise again.

Shawn remains your go-to defense source on any issue relating to IL WC rates!

Synopsis: What Happens When an Injured IL Worker Dies of Unrelated Causes with a Pending IL WC Claim.

Editor’s comment: In short, ‘Estate of Petitioner’ is not a proper party. In short, once Claimant passes, an estate has to be opened and a personal rep named to continue the claim.

In Illinois State Treasurer v.  Estate of Kormany, 2019 IL App. (1st) 180644WC, the Appellate Court vacated the judgment of the circuit court and remanded the case to require a personal representative of a deceased petitioner’s estate to be substituted as the proper party.

In April 2008, Claimant Kormany filed an application for adjustment of claim seeking benefits pursuant to the IL Workers’ Compensation Act for injuries allegedly sustained while working for A-Tech Stucco EIFS Company. In June 2009, the Circuit Court of Cook County found that A-Tech’s worker’s compensation insurance carrier had no duty to defend nor indemnify A-Tech against Kormany’s worker’s compensation claim because A-Tech had breached the insurance contract. Kormany subsequently amended his Application for Adjustment of Claim to name, as a party, the Illinois State Treasurer (“Treasurer”), as ex officio custodian of the Injured Workers’ Benefit Fund (“Fund”). After finding that Kormany’s claim was compensable, the Arbitrator awarded medical expenses and permanent partial disability benefits. In doing so, the arbitrator concluded that the Fund was liable for payment of the award because, although A-Tech had worker’s compensation insurance at the time of the accident, it “failed to provide coverage” within the meaning of the Act by breaching the insurance contract.

The arbitrator’s decision was affirmed by a majority of the Illinois Workers’ Compensation Commission (“Commission”), and the circuit court confirmed the Commission’s decision. Id. The treasurer timely appealed.

The Appellate Court observed in October 2014, prior to the arbitration hearing, Kormany died of causes unrelated to his worker’s compensation claim. The application for adjustment of claim was amended to substitute the “Estate of Kormany” as the Petitioner, however, there was no evidence in the records that a personal representative was appointed or substituted following Kormany’s death. The appellate court noted Illinois courts in the past have found that a plaintiff’s death suspended the court’s jurisdiction until the appointment of a proper party plaintiff. Therefore, the appellate court concluded Kormany’s death suspended the Commission’s jurisdiction over his claim until such time as a personal representative of his estate was properly appointed and substituted. Since this never happened, the appellate court found the Commission’s decision was premature and therefore improper. Id.  As a result, the Commission’s decision and the judgment of the circuit court were vacated.

In coming to this conclusion, the appellate court disregarded the argument of counsel for the Estate of Kormany who suggested that, because the gross value of Kormany’s estate was less than $100,000.00, the claim could proceed under section 25-1 of the Probate Act of 1975, 755 ILCS 5/25-1 (West 2008). The appellate court noted that section 25-1 clearly permits distribution of an estate’s assets by means of a small-estate affidavit, however, this is separate and distinct from the requirement that a personal representative of the decedent’s estate must be appointed to prosecute a worker’s compensation claim that is pending and unresolved at the time of the employee’s death. The appellate court related this to when a plaintiff in a pending common law action dies. Id. Under such circumstances, a personal representative of the decedent plaintiff’s estate is appointed and substituted as a party. 

Counsel should be mindful that, in a worker’s compensation case, substitution of a personal representative and payment of benefits is not determined by the code of civil procedure or the probate act. Rather, section 8(h) of the Illinois Workers’ Compensation Act provides:

In case death occurs from any cause before the total compensation to which the employee would have been entitled has been paid, then in case the employee leaves any widow, widower, child, parent (or any grandchild, grandparent or other lineal heir or any collateral heir dependent at the time of the accident upon the earnings of the employee to the extent of 50% or more of total dependency) such compensation shall be paid to the beneficiaries of the deceased employee and distributed as provided in paragraph (g) of Section 7.

Simply stated, in a worker’s compensation proceeding, where petitioner dies of causes unrelated to his worker’s compensation claim and compensation remains to be paid, substitution of a personal representative pursuant to the Illinois Workers’ Compensation Act is required, not the opening of a probate estate.

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1-31-2020; Is Coronavirus “Covered” Under Workers’ Comp?; Plans to Keep Medical Marijuana out of Workers’ Compensation May be Going Up In Smoke! by Matt Ignoffo, JD and more

Synopsis: Is Coronavirus “Covered” Under Workers’ Comp?

Coronavirus has just been designated a global health emergency by WHO or the World Health Organization. This viral disease is spreading across the globe and is in our country right now.

It is important for risk managers to understand the crisis and, as the scouts say, be prepared! The answer to the simple question “is coronavirus covered under workers’ comp” is yes and no—it is not a work injury so that wouldn’t be an issue. But coronavirus could be an occupational disease if it was contracted as part of work. If one of your workers suffers from this disease, you need to investigate, determine compensability and if they contracted coronavirus as an OccDisease, pay for medical care and lost time related to the virus.

What is an Occupational Disease?

Occupational disease is defined as a chronic disorder caused by work activities or environmental conditions within the workplace. Occupational diseases can affect various parts of the body, such as the bones, lungs, and muscles. Common types of occupational diseases include:

• Contact dermatitis

• Chronic obstructive pulmonary disease

• Bronchitis

• Asbestosis

• Lateral epicondylitis, also known as tennis elbow

• Asthma

• Cancer

• Rabies

What Causes an Occupational Disease?

There are many workplace factors that can result in on-to-job illnesses for your workers.  For instance, an employee can fall ill after being exposed to harmful gases or chemicals used in business operations. The key is to confirm it is a workplace exposure and not a general life exposure.

Who is at Risk?

It’s important to understand that every business carries some risk of their employees developing an occupational disease. Everyone feels the coronavirus will be contracted from foreign travel, particularly to China and in meetings with workers who have traveled abroad.

How Do Occupational Diseases Affect Your Workers Compensation/OccDisease Insurance?

If an employee is claiming an occupational disease, they must prove the exposure was caused by a hazard existing in or from the workplace. Additionally, symptoms of the disease must also be consistent with other documented cases of the illness. To my understanding, if you are covered for WC, you are covered for OD.

If the employee can prove their ailment was due to their work activities or environment, then your Workers Compensation/OccDisease coverage and handling will proceed as usual. Risk managers need to be sure to do a full and thorough incident/exposure investigation.

What is Coronavirus?

Coronavirus is a new respiratory virus or “bug” first isolated in Wuhan, China. The virus is contagious and potentially fatal for about 3% of those who contract the virus. It is suspected coronavirus it is transmitted through coughing and sneezing of infected individuals. At the present time, there is no vaccine, cure or specific treatment.

How is Coronavirus spread?

Health authorities have not confirmed how Coronavirus is transmitted, but suspect it is spread person-to-person. There is also evidence the virus has been spread by infected animals, including humans with links to seafood or animal handling and markets. Epidemiologists do not believe you can get coronavirus from air, water or food.

How many people survive Coronavirus?

Currently, Coronavirus has a fatality rate of less than 3%. As such, the vast majority of those affected have survived the disease. Please remember an Illinois WC fatality due to OccDisease can bring reserves well into the millions. Happy to explain, if you need that math.

What are the signs and symptoms of Coronavirus?

Individuals infected with Coronavirus have displayed the following symptoms:

1.                  Mild to severe respiratory illness;

2.                  Fever;

3.                  Cough;

4.                  Difficulty breathing; and

5.                  Death.

How infectious is Coronavirus?

Virus transmission happens on a spectrum and health/medical authorities are not sure if the virus is highly contagious, or less so. For person-to-person transmission, health authorities suspect the virus is spread through coughing and sneezing, similar to how influenza and other respiratory pathogens are spread. The incubation period from first exposure or the time interval from infection to onset of respiratory distress symptoms, is 2-14 days. During this period, an individual can be infected and may be innocently spreading the disease although they may not be experiencing the signs and symptoms of the virus. This is going to require travelers and high-risk individuals to be quarantined.

How can my company protect itself?

Because there is currently no vaccine to prevent infection, the best way to protect yourself is to avoid being exposed to this virus. The CDC recommends the following additional steps:

·                     Wash your hands often!! Use soap and water for at least 20 seconds. Use an alcohol-based hand sanitizer that contains at least 60% alcohol if soap and water are not available.

·                     Avoid touching your eyes, nose, and mouth with unwashed hands.

·                     Avoid people who are sick.

·                     Stay home when you are sick.

·                     Cover your cough or sneeze with a tissue, then throw the tissue in the trash. If you don’t have a tissue, cough into your elbow.

·                     Clean and disinfect frequently touched objects and surfaces.

What happens if I suspect I or someone I know has Coronavirus?

If you exhibit symptoms of Coronavirus within two weeks of traveling from China, you should contact a healthcare professional and mention your recent travel. If you have had close contact with someone exhibiting Coronavirus symptoms who has recently travelled from China, you should call ahead to a healthcare professional and mention your close contact and their recent travel. Your healthcare professional will work with your state’s public health department and CDC to determine if you need to be tested for Coronavirus.

Should I consider quarantining employees, or having employees remain off work, who have recently returned from China?

You should consider telling any employee returning from China that they should remain away from work for fourteen days from their return. You can also consider telling the employees to self-monitor for any symptoms of Coronavirus. If any of these symptoms occur, the employee should consider being evaluated by a healthcare provider. Further, even if not symptomatic, employees may also want to consult a healthcare provider to confirm that the employee is not infectious before returning to work.

Can/Should Your Company Restrict Employees from Traveling to China?

Yes. Employers may consider restricting employee travel to the particular areas affected by the disease for business purposes. Employers may also consider requesting employees inform the employer if they are traveling for personal reasons so the employer is aware of employees who are going to areas and are exposed to the disease. Employees who travel to China need to be informed that they may be quarantined upon their return. Employees should also be informed that there may not be adequate medical services available if they travel to China and become ill.

Does FMLA leave apply for our Employees, or immediate family members, who may contract Coronavirus?

Remember FMLA is unpaid leave. FMLA could apply to work exposures and it is available for folks that took personal trips to China. Therefore, assuming FMLA applies to the employer and the worker(s) qualify for such leave, Coronavirus would qualify as a “serious health condition” under FMLA allowing an employee to take FMLA leave if either the employee contracts the disease or an immediate family member contracts the disease. The employee would be entitled to job reinstatement as well.

Would Our Company need to pay Workers’ Compensation/OccDisease Benefits for Employees who contract Coronavirus?

Perhaps, if the employee contracted the disease in the course of their employment. The issue to resolve--does the employee’s work require them to be exposed to persons who are infected, typically healthcare workers. It is going to be interesting/challenging to see what an employer would have to do if one worker secretly traveled to China and then returned to infect co-workers without knowing it. Let’s hope that doesn’t happen.

If there is Workers’ Compensation/OccDisease liability, employers are responsible for covering the costs of reasonable and necessarily medical care, temporary total disability benefits, and permanent disability (if any). Employers should engage a competent medical professional on infectious diseases for advice to determine whether the disease is work-related.

Does ADA restrict how we interact with our employees due to Coronavirus?

No. The ADA protects employees with disabilities, but during a global health emergency, as recently declared by the World Health Organization, employees can be required to be medically examined to determine if they have contracted the disease. Also, voluntary medical exams are always permitted, if performed confidentially. The EEOC has suggested materials to distribute to the workforce in the event of global health emergency.

The ADA protects qualified employees with disabilities from discrimination. A disability may be a chronic physical condition, such as breathing. Employees may be entitled to an “accommodation” such as leave or be allowed to work away from work for a limited period. Employees who have contracted the virus must be treated the same as non-infected employees, as long as the infected employees can perform their essential job functions. If the employee poses a health or safety threat to the workforce, the employer may place the employee on leave.

I appreciate your thoughts and comments. Please post them on our award-winning blog.

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Synopsis: Plans to Keep Medical Marijuana out of Workers’ Compensation May be Going Up In Smoke! Research and writing by Matt Ignoffo, JD.

Editor’s Comment: On January 13, 2020, the New Jersey Appellate Court issued a decision in Hager v. M&K Construction where it held an employer needs to reimburse an injured worker of his expense for medical marijuana. In a case of first impression, the Court ruled on multiple arguments the employer made:

• M&K Construction argued the federal Controlled Substances Act (CSA), which makes it a crime to manufacture, possess or distribute marijuana, preempted the NJ Compassionate Use Medical Marijuana Act (MMA) because it is impossible to comply with both statutes;

• M&K argued in order to comply with the lower court’s order to reimburse the employee such order violates the Controlled Substances Act because it requires M&K to aid and abet the injured worker’s possession of an illegal substance.

• M&K argued it should be treated similarly to a private health insurer, which under the MMA is not required to reimburse costs of medical marijuana.

• M&K argued the lower court erred in failing to consider whether medical marijuana was a reasonable and necessary form of treatment under the NJ Workers’ Compensation Act.

The Appellate court concluded the order did not require M&K to possess, manufacture or distribute marijuana. The order only confirmed M&K’s obligation to reimburse the injured worker for his purchase of medical marijuana. As such, the court indicated there was no conflict between the Controlled Substances Act and the NJ medical marijuana statute.

Furthermore, M&K's compliance with the order does not establish the specific intent element of an aiding and abetting offense under federal law.

The Court addressed the private insurer argument, but came to the simple conclusion that M&K is not a private health insurer. Therefore, it is not excluded under the MMA from reimbursing the costs of medical marijuana.

The court commented on the facts of the particular case in addressing whether marijuana was reasonable and necessary under the WC Act. It opined, where the injured worker demonstrated the severity and chronic nature of his pain, his attempts to unsuccessfully alleviate the pain with multiple surgeries and medical modalities, and the validated efficacy of the prescribed medical marijuana, it held the use of medical marijuana to be reasonable and necessary.

The lower court decision included a discussion on opioid medication, which the injured worker had tried previously with an indication that in 2015 he was addicted to opioids. Apparently, through the medical marijuana program, the injured worker was able to improve his condition and had been opioid-free for several years. Therefore, the lower court concluded the benefits of medical marijuana were superior to the use of opioids and the use of medical marijuana was in the injured worker's best interests.

As the Appellate Court found no legislative or legal barrier to an employer's reimbursement of its employee's expense for medical marijuana in a workers' compensation setting, it affirmed the lower court’s order indicating the employer is liable for reimbursement.

Such rulings would appear to be a trend in the overall shift in how the country feels about medical and even adult personal use of marijuana. We will report on any further decisions with a special interest in court opinions addressing not only the conflicts in state and federal law, but marijuana use in conjunction with an employer’s right to maintain a zero tolerance policies.

This article was researched and written by Matthew Ignoffo, J.D., M.S.C.C., who practices in Illinois and Wisconsin. Please feel free to contact Matt at mignoffo@keefe-law.com.

1-14-2020; Thoughts from Dr. David Fletcher and Gene Keefe on Recreational Marijuana and WC Claims; Weird New Illinois Laws for Employers to Know of and more

Synopsis: Dr. David Fletcher and Gene Keefe Provide More Thoughts on Recreational/Medical Marijuana for Risk Managers.

Editor’s comment: Please consider the impact of recreational marijuana  on employer drug testing programs. Dr. Fletcher is a director of SafeWorks Illinois and wanted to share these thoughts and slides for your consideration in managing your workforce.

Several central IL employers are going to stop testing for MJ starting January 1, 2020. The team at SafeWorks is scrambling to get test kits that do not test for Marijuana.

Dr. Fletcher and I don’t feel this is strong advice. Contrary to many so-called “experts” that are advising employers to stop testing for marijuana, informed employers can rest assured that their reasonable drug and alcohol testing programs can remain intact thanks to the passage and signing of the “Recreational Marijuana Workplace Protections Enhanced in Veto Session PA 101-253 (Section 10-50  of the Cannabis Regulation and Tax Act)”.

It is business as usual for employers who have established zero tolerance drug and alcohol policies. They can continue to drug test for marijuana as they feel best and not hire prospective employees who test positive as well as discipline current employees who test positive for marijuana use at work according to the employer’s substance abuse policy.

My worry for all employers across the country is simple—if you don’t drug test and one of your workers who is stoned makes a mistake and hurts lots of people, you may be looking at six-seven-eight-figure damages and, worse, punitive damages. For that reason alone, I join with Dr. Fletcher to tell everyone to dig in and test for marijuana, as part of good business practice.

Dr. Fletcher and I have been doing a lot of reasonable cause supervisor training lately (see below a few slides from SafeWorks and Dr. Fletcher that outline the employer protections). Dr. Fletcher is advocating switching to oral fluid testing for reasonable cause due to the earlier window of detection compared to urine testing. If you want a presentation from the defense team at KCB&A, send a reply.

Hound Labs May Have Developed the Ultimate Marijuana Breathalyzer

Hound Labs is a breath technology company that has developed ultra-sensitive technology for non-invasive breath measurement. Utilizing groundbreaking technology, the Hound® marijuana breathalyzer is the world’s first breathalyzer to rapidly, accurately, and inexpensively measure recent marijuana use and alcohol in a person’s breath. The Hound breathalyzer is intended for law enforcement, employer, and insurance purposes only. Based out of Oakland, CA and founded by a physician, they are hoping to make a big impact on employer testing for marijuana use and impairment.

Take a look at their website: https://houndlabs.com/

Another company with similar results and trying to hit the market hard is Cannabix Technologies—check out their website at http://www.cannabixtechnologies.com/thc-breathalyzer.html

I will continue to report progress to my readers as I learn of it.

Going back to Illinois and managing marijuana use in your workforce

Here are some illustrative slides, created by Dr. Fletcher and the team at SafeWorks.

 I appreciate your thoughts and comments. Please post them on our award-winning blog.

Synopsis: Weird New Illinois Laws for Everyone to be Aware Of.

Editor’s Comment: Whenever a legislature is busy and doesn’t have a two-party system to keep it on track, you are going to get weird laws. Here are some from Illinois.

From the WC industry perspective, the new minimum wage laws are going to change wage loss differential claims in workers’ comp.

Here are some of the new Illinois laws for 2020 that may affect you:

• NOTIFICATION REQUIREMENTS SET FOR ARTIFICIAL INTELLIGENCE/COMPUTERIZED VIDEO INTERVIEWS OF JOB APPLICANTS: There are a number of companies, particularly in the financial sector, that appear to be doing the first interview by computer. If you use computers for interviews, basically, you have explain it and get agreement to do it. Employers who ask applicants for permission to record video interviews and use an artificial intelligence analysis of applicant during recording are covered. Submitted videos shall notify each applicant before the interview that AI may be used to analyze the applicant’s facial expressions and consider the applicant’s fitness for the position. Employers must provide each applicant with an information sheet before the interview explaining how AI works and what characteristics it uses to evaluate applicants. In addition, the applicant must consent to be evaluated by the AI program.

• PERSONAL INFORMATION PROTECTION: This new law provides that where a single data breach affects more than 500 Illinois residents, the breach must be reported to the Illinois Attorney General. Call your insurance broker to confirm you have cyber-coverage for the increased cost.

• LEGALIZATION OF PERSONAL and RECREATIONAL USE OF MARIJUANA: The Cannabis Regulation and Tax Act allows for the recreational use of cannabis by individuals over the age of 21. Illinois citizens may possess up to 30 grams of cannabis and out of state individuals may possess up to 15 grams. You can only buy marijuana at state-licensed dispensaries, and only partake in the privacy of your own home. Landlords can prohibit cannabis use in their properties, and employers can still prohibit its use and drug test employees. Growing marijuana plants is only allowed for medical patients and even then, they can only have five plants. The Act establishes guidelines pertaining to expungement of records for possession of cannabis, taxation on cannabis, including numerous changes and additions to Illinois law.

• HIGHER EDUCATION SAVINGS PROGRAM: Every Illinois child will have a 529 savings account! The State Treasurer shall administer the Illinois Higher Education Savings Program, subject to appropriation, beginning in 2021, which will ensure that a 529 college savings account is automatically opened for every child born in Illinois, with an initial deposit in the amount of $50.

• DEPARTMENT OF LABOR WAGE RECOVERY FROM EMPLOYERS: Restaurant employers beware—this new law provides that gratuities are the property of employees and that employers shall pay gratuities to employees within 13 days after the end of the pay period during which the gratuities were earned.

• INCREASE IN MINIMUM WAGE: The minimum wage will go up and then up again. Beginning Jan. 1, 2020, minimum wage will jump from $8.25 to $9.25 statewide, with the minimum wage for tipped workers and employees under 18 (only those working part-time) increasing proportionally as well. Then in July, it will increase again to $10, then $11 beginning on Jan. 1, 2021. It will keep climbing until it reaches $15 per hour beginning on Jan. 1, 2025. Each employer with 50 or fewer full-time equivalent employees may claim a credit against payments as set out in the new law.

• WORKPLACE TRANSPARENCY ACT: On June 2, the General Assembly, through bipartisan efforts, passed SB 75, which created three new laws and amended others that relate to sexual harassment and discrimination. On Aug. 9, Gov. J.B. Pritzker signed SB 75, Public Act 101-0221, into law, comprehensively re-shaping the landscape of sexual harassment and discrimination law in Illinois. The new law not only prohibits unilateral agreements to arbitrate claims involving discrimination, harassment, and retaliation for complaining about discrimination or harassment, but also changes sexual harassment reporting and training requirements and impacts how union representation is handled during the course of proceedings related to claims of sexual harassment.

• BATHROOM SIGNAGE: “Whichever”… Every single-occupancy restroom in a place of public accommodation shall be identified as “restroom” and not indicate a specific gender.

• BABY CHANGING FACILITY IN PUBLIC BUILDING: Requires that there be at least one baby diaper changing station in women’s and men’s public bathroom, contained within a public building. Signage must be visible.

• GENDER DESIGNATIONS ON STATE DOCUMENTS: Authorizes the Secretary of State to permit applicants for identification documents to choose between “male,” “female,” or “non-binary” when designating the applicant’s sex on identification card and driver’s license application forms.

• CONSTRUCTION ZONE PENALTY: Drivers who fail to obey any official traffic-control device shall be fined no less than $100 and no more than $1,000. Penalties for violation of the requirement to use caution in approaching or entering a highway construction or maintenance area or zone increase from a maximum fine of $10,000 to a maximum fine of $25,000.

• SCOTT’S LAW UPDATES: Scott’s Law requires drivers to change lanes, slow down and proceed with caution in approaching emergency vehicles or disabled cars on the side of the highway. Further requires a motorist who is not able to change lanes to reduce speed and leave a safe distance between them and the stationary vehicles. Penalties for first offense are increased from $100 to $250 and second offense from $750 to $10,000.

• DRIVERS BEING ADVISED TO USE THE “ZIPPER MERGE METHOD”: The “zipper merge” method of merging occurs when vehicles run in parallel until one lane physically narrows. The vehicles traveling in the open lane should allow the vehicles in the closing lane to enter the open lane on an alternate car basis.

I appreciate your thoughts and comments. Please post them on our award-winning blog.