Friday, August 29, 2008

IMPORTANT INFORMATION IF YOU DO NOT CARRY WORKERS COMPENSATION INSURANCE

Texas Labor Code requires all employers in Texas that do not carry workers’ compensation
insurance to notify TDI-DWC in writing. See Texas Labor Code §406.004(a). Employers
should report this information using the form Employer’s Notice of No Coverage or
Termination of Coverage (DWC Form-005):
• within 30 days after hiring an employee;
• within 30 days after receipt of a TDI request (within ten days for employers
principally located outside of Texas); or
• within 10 days of notifying their workers’ compensation carrier of their intent to
cancel the policy, unless the employer purchases a new policy or becomes a
certified self-insurer.
Employers must also file DWC Form-005 annually on the anniversary date of the original
filing for as long as they remain in operation and do not carry workers’ compensation
insurance. An employer’s failure to comply with the notification requirements above is an
administrative violation and the employer may be subject to penalties. See Texas Labor Code
§406.004(e).


Reporting Injuries and Illnesses to TDI-DWCEmployers are required to notify TDI-DWC of each injury or illness. See Texas Labor Code
§411.032(a). Agency rules require employers with five or more employees to report
occupational injuries or illnesses to TDI-DWC. Employers must report each work-related
injury or illness by the seventh day of the following month. See 28 Texas Administrative
Code (TAC) §160.2. Non-covered employers should report these injuries and illnesses using
the form Non-Covered Employer’s Report of Occupational Injury and Illness (DWC Form-
007) for each:
• work-related injury resulting in the employee’s absence from work for more than
one day; and
• occupational disease of which the employer has knowledge.
An employer’s failure to comply with these occupational injury and illness reporting
requirements is an administrative violation and the employer may be subject to penalties. See
Texas Labor Code §411.032(c).

Reporting No Workers’ Compensation Insurance Coverage to Employees

Employers are required to notify their employees whether or not they carry workers’
compensation insurance. See Texas Labor Code §406.005. TDI-DWC rules require employers
to use the language in the New Employee Notice when notifying their employees in writing at
the time of hire. See 28 TAC §110.101, Subchapter B.
The Notice 5, Notice to Employees Concerning Workers’ Compensation in Texas must be
used when posting notification of the employer’s coverage status in the following instances:
􀂃 notices regarding coverage status must be posted at conspicuous locations at the
employers’ place of business; and
􀂃 changes in coverage status (obtained, terminated, or canceled) must be
communicated to employees no later than the 15th day after the effective date of
the change.

An employer’s failure to comply with these notification requirements to employees is an
administrative violation and the employer may be subject to penalties. See Texas Labor Code
§406.005(e).

The DWC Form-005, DWC Form-007, New Employee Notice and Notice 5 can be found
online at http://www.tdi.state.tx.us/forms/form20employer.html . If you have any questions
regarding reporting requirements or compliance with the law, contact TDI-DWC at 512-804-
INFO(4636), or toll-free 1-800-372-7713 extension 4636.

HISTORY OF OUR OFFICE BUILDING

The Purifoy building (formerly known as The Fisher House) is one of the oldest homes in Temple.

In 1974 Al Purifoy began researching the history of the house. He received the following letter from Curtis Fisher who grew up in the house:

7-18-74

Gentlemen:

Thanks for your nice letter and the stamps. At first stamps were really hard to come by, but since one can order by mail it makes it handy for invalids who can't get about. I've been in bed some 6 years - heart condition.

First - Robinson and Cloud. The business came from Campbell Ins. Co. - Chas. Campbell, I believe. Maynard Robinson was with the Federal REserve Bank in Dallas. He and his brother in law, T. J. Cloud bought the Company, situated on 2nd floor old City National Bank Building, next the elevator. I was employed in the Engineering Dept. of the Santa Fe when the "Depression" struck. Of the 24 men all but 4 were released on December 15, 1931. After Christmas I was employed by Robinson and Cloud. The company later took over the W. F. Wayland Ins. when they became bankrupt. It was on a "work-out" basis. I remember we got Home Ins Co in the deal. After a year or two I went back to the engineering with The Texas Hwy. Dept. I went back and worked on Saturday for Mr. Robinson when he wanted to go to Dallas, tho he had a new girl.

The house was built by John W. Hill as a home for his wife and 2 daughters, Marie and Edith. My house was built at the same time 1881-2, but my house was not so well built as it was a Boarding House. The Railroad men had to have a place to live. My house was originally a Spanish type. 2 rooms upstairs and down with a long ell in the back - 4 rooms with veranda as upstairs and down. It was painted red like a Section House.

My father's name was J. N. Fisher. He rented the house tho my mother tried to get him to buy it. I do not know who bought the house as Mrs. Hill owned it when we live there and lived with us a number of years. The name Curtis Fisher (engraved on the front window) is mine. My 2 brothers were grown when I was born and both loved me very much. One of them gave me a lovely diamond ring on my 10th birthday. Someone told me if it was a real diamond it would write on glass - it did. My mother was very put out with me, but left it. That was 70 years ago.

I can't remember who lived there after us but it was later bought by Dan Greer. During one of the early Armistice Day celebrations, with the streets full a fire broke out. The southside firetruck came up Main Street and at the same time some fool woman in a surrey full of kids pulled out into traffic. In order to miss them the truck veered into an unpaved area in front of the Maples Fish Market, struck Mr. & Mrs. Greer. She was killed instantly and he was taken to Scott & White Hospital. Both legs were eventually amputated, but since he had gas bacillus gangrene, he died. The house was marie's, just a kid and she went to Lampasas to relatives.

Then Mr. & Mrs. Cornelius bought the place. Mrs. Cornelius died and it went to the son Aubrey and the second wife, from whose Estate I imagine you bought the place.

My house was operated as a boarding house by a Mrs. Griffin. She was Mrs. Frank Thompson's (Edna) grandmother. You probably know Edna. Frank was business manager for years at Scott and White. Edna was a Miss Fleming - her father a Santa Fe Engineer built a lovely home at the corner of 7th & Central - since torn down.

I grew up in the neighborhood, but at 81 am just as alert as I was at 40 or less.

You may be sure I'll come down if I ever get back home, even tho with my "walker". My sincere thanks for your interest in an old house I hold a deep affection for.

Sincerely,

Curtis Fisher Watters

Wednesday, August 13, 2008

Business Rental Car - Should I purchase the Loss Damage Waiver?

When you or one of your employees rent a vehicle for business use while out of town, there comes that time when you’re standing at the rental car counter and the agent asks the inevitable question: “Do you want to buy our loss damage waiver (or our insurance coverage)?” Most loss damage waiver (LDW) fees are outrageous. Are they worth the additional cost? The answer may depend on your tolerance for risk and inconvenience.
Reasons to purchase the Loss Damage Waiver:

1. Your Business Auto Policy (BAP) may not cover damage to the rental vehicle at all. Your policy does not cover damage to the rented vehicle and related costs UNLESS the policy has been changed to cover vehicles rented by you or your employees on company business (the “Employee Hired Autos” endorsement), and you have purchased special coverage (“hired auto physical damage”).

2. Your insurance company may not pay the entire amount demanded by the rental company. When your policy covers damage to a rented vehicle, the amount payable by the insurance company is the lesser of the “actual cash value” of the vehicle or the amount “necessary” to repair or replace the vehicle, minus the same deductible that would apply if the damage was to one of your own vehicles. In addition, some policies cover “loss of use” with a daily limit (usually as low as $20 per day) and a maximum limit (usually $600). Because of all these limitations, you or your employee may become personally responsible for:

• The amount demanded by the rental company to repair or replace the vehicle in excess of actual cash value” or the amount “necessary” to repair or replace; • The amount of your deductible;
• The amount demanded by the rental company for “loss of use” in excess of the daily and maximum limits payable by your insurance company, if the company offers this coverage at all;
• The amount demanded by the rental company for “diminished value” of the vehicle, even after
the repairs are complete;
• The amount demanded by the rental company for administrative or other loss-related xpenses.

3. Your policy may exclude some electronic equipment. Your policy may exclude loss to some electronic equipment that receives or transmits audio, visual or data signals. If you rent a vehicle equipped with a GPS receiver, for example, your policy may not cover it.

4. Your premium may go up or your policy may not be renewed. You or your employees are driving an unfamiliar vehicle in unfamiliar territory. If you or your employee has an accident while driving a rented vehicle, and your insurance company pays the claim, it may hold this fact against you – with a premium surcharge or perhaps even non-renewal.

5. You or your employee’s line of credit may be adversely affected. If you don’t buy the LDW, the rental company will probably ring up an estimated damage amount on your credit card or your employee’s credit card, pending settlement by the insurance company.

6. You or your employee may suffer a huge inconvenience. When you purchase the LDW, you or the employee can bring a damaged vehicle back to the rental company, throw the keys on the counter, and walk away. When you haven’t purchased the LDW, you or your employee may have to spend a significant amount of time dealing with the rental company and your insurance company, and perhaps the employee’s insurance company, as well.

7. Your Personal Auto Policy (PAP), if you have one, or your employee’s PAP may be affected. Most PAPs cover accidents involving vehicles rented by you or your employee, even when the rental is solely for business purposes. When you purchase the LDW, the PAP won’t be needed to pay for damage to the rented auto. (Note: If the accident is your fault or your employee’s fault, the PAP may become involved if theaccident involves injury to other persons or damage to other property. There is nothing you can do to avoid this.) For more information on how the PAP responds to accidents involving rented vehicles, ask us for a copy of an article on that subject.

Bottom Line: We recommend that you buy the Loss Damage Waiver from the rental company.

Here are some guidelines for you to consider if employees rent vehicles for company business:

1. Instruct employees to include the company name, if possible, on the rental agreement.

2. If you have no tolerance for the risk of incurring the potential uninsured losses shown above, or the means to pay those losses, tell employees to purchase the LDW offered by the rental company.

3. Tell employees to report any accident in a rented vehicle to you and to their own personal auto policy insurer or agent.