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About James Buscarini

- Co-Founder of ZoneCare USA, LLC., a national provider of medical wheelchair, ambulatory and stretcher transportation, translation, & durable medical equipment services for injured workers compensation patients. Acquired by One Call Care Management out of Jacksonville, FL in 2008 - Architected, recruited, hired and lead a nationwide sales team made up of top earning industry producers - Proliferated gross revenue growth and profitability to > 26 million dollars (pre-acquisition of ZC USA by the buyer, Monitor Clipper Capital & MSC/Medical Services Company, Jacksonville, FL) in 2008 - Co-Founder, Managing Member, EVP of National Sales @ Speedy Re-Employment and Medicare Set Asides & selectMRI (a national diagnostics network) also purchased by Monitor Clipper & MSC in 2008 - Organized capital infusion after launching DENTALWORKS USA, a nationwide network provider of dental services to the workers compensation space - Won new and organic business contracts & quickly achieved run rate of >3 million annually securing nationwide, marquee contracts with exclusive provider rights to the likes of BCBS FL, AIG, PMSI & Healthcare Solutions - Captured 35% + market share in the dental space for workers’ compensation dental claims - Written quote from a friend, "James possesses a strong right brain, a strong left brain and an even stronger middle brain. If you're not familiar with the middle brain it's the rare ability to treat all people with respect and make them feel important!" - Sold record breaking deal first 90 days in technology space - Recognized as part of LinkedIn’s "Top 1% most viewed”

NAPEO announces in-person conference opening back up for September 27-29, 2021

NAPEO‘s President, Mr. Pat Cleary has exciting news about future in-person meetings and events!

The following post was from an eMail to the members from NAPEO’s President, Mr.Pat Cleary regarding the status of upcoming events and the status on in-person attendance.


Ten months ago to the day, I sent an email stating that due to COVID-19 and the associated risks that the committee voted against having the annual SAGE event and conference. It was a heartbreaking email to write, in that the conference was a speck of hope for us all, something out in the far distance that we all looked forward to, when this damned thing would be over. But it was not to be. I attached the email here because re-reading it today, it’s a bit of a time capsule, and reminds us of a low point that we experienced – and survived – together.

So today I’m writing with some very good news: I just this hour signed our contract with the JW Marriott San Antonio Hill Country to hold our conference there – in person – on September 27 – 29 this year. Just about every conversation I have had with any NAPEO member over the past few months has included a discussion of when we would be able to meet again in person. We are all suffering Zoom fatigue, that’s for sure. Looking at the email below, I said, “We want to gather with our members, and as soon as it’s safe to do so, we will.” Every organization has its own level of risk tolerance. Our litmus throughout has been the health and safety of our members and of our team here at NAPEO. Comforted and fortified by the upward trend in vaccinations and downward trend in cases – and the slow easing of restrictions – we will hold our first in-person meeting, our CFO Seminar, at the end of June (location TBD) and hold our Georgia Leadership Council Forum in-person on June 28. And the conference in September. 

I’ve said so many times that the arc of meetings during COVID was like this: Plan the meeting, book the hotel, promote the meeting, watch the registrations climb, meeting draws near, registrations begin to cancel, then the meeting cancels. We did that dance too many times in 2020. For our November Board of Directors meeting, we asked our 24 Board members if they wanted to meet virtually or in person. Twenty two said they wanted to meet in person, so we planned the meeting. The week before, in the face of too many cancellations, we moved the meeting to virtual. It was a discouraging, defeating, and tiresome cycle.

So if the cancellation of the 2020 in-person conference was a sign of despair, let this now be a sign of hope, of light, and of hopefully reaching the end of this pernicious thing that has dogged us for so long. As I said in the email below, “The sun will shine again.” And indeed it will – in San Antonio, in September.

I want to thank all of you who have stood by us, who have gamely pivoted with us to the virtual world. It wasn’t a world we wanted, but it was the world we were handed. I want to especially thank our associate members. The face to face meeting is their lifeblood, an option they didn’t have for the past year. They, too, stood with us, and we are grateful. And finally, I want to thank my team here at NAPEO. I use the royal “we” all the time, but the truth is they are the ones who are doing the innovating, the pivoting, the work. 

As I always say, this thing isn’t completely over yet, but we appear to be moving in the right direction. I look forward to seeing – and celebrating with – you all in San Antonio. 

All the best,

Pat Cleary
President & CEO
NAPEO
707 N. St. Asaph St.
Alexandria, Va. 22314
703-739-8163

10 Workplace Safety Considerations for Small Business Owners

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Content utilized to create this post was from Forbes Magazine’s Human Resources Council (includes Megan Leasher, Nicole Smartt Serres, Sameer Penakalapati, Tracy Cote, Chris Stanzione, Subhashree Chaudhuri, Courtney Peterson, Tina R. Walker, Kristin Fowler & Madhukar. Govindaraju)

The vaccines have arrived and the numbers are trending up, down and all around depending on what network your watching and who you are speaking with. The fact is small, midsize and enterprise level businesses are considering what approach they should take for getting their staff back to work in an office environment. The majority of small and mid-sized employers are looking at using a blended approach, meaning they plan on implementing more work from home flexibility with their existing in office staff. 59% of those that are working from home support a work schedule that allows working from the office and at home. We wanted to provide 10 impactful considerations for employers as they forge forward.

TEN WAYS TO CREATE A SAFE WORK ENVIRONMENT


  1. There is no one-size-fits-all approach

Have a plan that fits your cultural goals and direction. Your plan should be a blend of meeting all safety & risk management guidelines from a legal perspective along with proper consideration for what the organization and its people need.

2. Communication is not a one way street

Involve trusted staff to carry the message of your risk & safety policies. Encourage employee participation in the development process. When your employees feel that their input is valued your office will be engaged in carrying your message. Design the process to be sustainable at all levels of your organization.

3. Proper work-life balance impacts mental health

Employees may be asked to get used to another new normal. Whether that means coming back into the office on a more regular basis or permanently, try and remember that by and large employee mental wellness suffered throughout the pandemic. As you take steps to protect the safety and health of your workforce, do not overlook mental health and wellness. Everybody has unique circumstances that may adversely impact their mental well being so little adjustments like extending flexible work hours can go a long way to employee satisfaction.

4. Play by the same set of rules – that means everybody

It is easy to become disregardful of even the most sensible of guidelines that have been established for the greater good of the group. Implementing common-sense guidelines supported by your state or OSHA need to be followed by everybody. Consistency is the key for resonating the message. Send out reminders as often as necessary and echo your message firmly. Somebody who refuses to abide by clearly defined rules may need to be sent home. Be relentless about making sure everybody is playing by the same set up rules.

5. Be mindful of each other’s responsibilities

Small to mid-sized businesses need to be aware of the risk and safety management responsibilities and the varying degrees the employer and the employee are responsible for. When it comes to providing a safe working environment, provide safety options, consider alternative ways of doing a job safely, and engage employees in a mutually agreeable way. Remaining open-minded and reserving judgement is crucial as well.


6. Tap into available consultative and training resources

Shameless self-promotion is coming in five, four, three, two and one; do you have access to safety and health resources through an agency, consultant or expert… such as a Libertate Insurance for example? Inquire about the available voluminous resources that your reliable partners posses when it comes to evolving environments, laws and compliance requirements! Leverage your partnerships especially those involved in your firm’s best interest and you will be amazed at what “we”, I mean they will be able to help you with.

7. Put safety policies front and center

Do you remind employees about the ongoing safety and mask campaign? Chances are safety policies are not necessarily the primary thought running through your employees minds while racing from desk to printer and back. Your firm’s culture needs to foster regular engagement to the point it becomes second nature. Emotional intelligence goes a long way in the delivery of your message. Remind employees of the care and concern leadership has for their well being, it will be appreciated.

8. Make health and safety part of your organization’s culture

It is all of our responsibility to protect each other and minimize risks. When you see something, say something. Avoid expecting somebody else to see and say something. Every member of the organization can play an active role and should.

9. Do they understand your expectations

If you create a health and safety culture with team members that own the message and every member of the organization is singing the same safety tune, you have won the expectation battle. Do not allow the loose ends or the uninformed be the squeaky wheel. Be consistent, be vigilant and be clear about what is expected.

10. Get creative about getting input from office and field staff

Companies have implemented daily check-ins, reporting processes and employee task forces to encourage information about risk and safety to flow in daily. Create a safety game, make sure managers are listening, remember one voice and one message. Make safety and risk management happen.

Challenges or opportunities for brokers placing cyber risk

Content used to write this post was originally written by NU Property Casualty 360’s Managing Editor, Ms. Heather A. Turner

According to a Guidewire report the numbers for cybercrime in 2020, have almost doubled! In addition to an increase in attacks and breaches are the related budgetary allocations being made by small to mid-sized businesses for cyber insurance over the next 2 years. Ramping up cyber sturdy tools and in an effort to prevent cyber attacks are a necessary play in prevention for the ever evolving cyber market and being fought across the property and casualty landscape.


According to a report published by CyberCube, a data-driven cyber analytics company for the insurance industry, the growing cyber market is creating unique opportunities for brokers to set themselves apart from their competitors. By marrying their existing areas of expertise with their new found and or improved fundamental comprehension of insurable cyber risk and exposure, brokers can show and or remind buyers and prospects alike why they are indispensable.

The following list was created by CyberCube to further explore examples of challenges and opportunities brokers face in the cyber market today.

Click here to read the detail following Opportunities 1-4 written by Heather A. Turner, of NU Property Casualty 360. You must register for free account.

  • Opportunity No. 1: Brokers are trusted advisors
  • Opportunity No. 2: Brokers can add value by mapping exposure to coverages and policy terms.
  • Opportunity No. 3: Getting a “yes” from insurers.
  • Opportunity No.4: Standalone cyber is just one aspect of a well rounded insurance program.

Ransom seeking hackers taking advantage of server flaws

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Content was taken from Reuters, Mr. Raphael Satter click here for original article from The Insurance Journal’s Mr. Jeff Mason click here for original article.

Since Microsoft announced a series of vulnerabilities in it’s widely used mail server software on March 2, 2021 the biggest threat has been from hacker groups holding users hostage by preventing access to their data unless large sums of money are paid. One security firm had counted 10 separate hacking groups taking advantage of the flaws – with ransomware targeting being the most serious of the threats.

On Sunday, The White House urged computer network operators to “take further steps to gauge whether their systems were targeted?” Despite a recent software patch concerns over remaining vulnerabilities continued to loom. The remedy still leaves open a so-called back door that can allow access to compromised servers and perpetuating further attacks by others. The back channels for remote access can impact credit unions, town governments and small business, and have left U.S. officials scrambling to reach victims, with the FBI on Sunday urging them to contact the law enforcement agency.

CNN reported that the Biden administration was forming a task force to address the hack. The White House official, in a statement, said the administration was making “a whole of government response.” A Microsoft representative said that the company is working with the government and others to help guide them accordingly. Secondly, Microsoft has urged the impacted to install patch updates as soon as possible.

Neither the company nor the White House has specified the scale of the hack. Microsoft initially said it was limited, but the White House last week expressed concern about the potential for “a large number of victims.” So far, only a small percentage of infected networks have been compromised through the back door, the source previously told Reuters, but more attacks are expected. We will continue to monitor the situation as it develops.

Disruption in the Marketplace

This post utilized content from Property Casualty 360’s Heather Turner & PRNewswire.

On January 4th, 2021 PRNewswire announced Philadelphia Insurance Companies (PHLY) acquisition of the Staffing Insurance Business offered by Worldwide Specialty Programs, Inc. The transaction closed on December 31, 2020 complimenting PHLY’s broad suite of specialty services. PHLY markets and underwrites commercial property/casualty & professional liability insurance products. PHLY has an “A++” (Superior) rating by AM Best Company.

We anticipated the post-acquisition news being focused on PHLY’s delivery of industry-specific services to the temporary staffing space. Similarly, we are committed to a different industry niche, the Professional Employer Organization (PEO). We remain hopeful that PHLY will continue to support PEO, just as World-Wide has done for many years.

Entering the 2nd Quarter of 2021, uncertainty has become part of our new normal. In a recent article, Property Casualty 360 discussed fluctuation within the marketplace (4th Quarter 2020 – 1st Quarter 2021). Pre-COVID validated the firming of the marketplace. The initial impact increased underwriting scrutiny, rate increases, higher retentions, jurisdictional scrutiny and capacity reduction. As a result of COVID-19 related case uncertainty, higher than normal judgements, and developing CAT losses, there has been a continual hardening of the market. We expect rate increases, lowering capacity, limiting or transferring risk, and insurers scrutinization of risk profiles.

In conclusion, industry and marketplace changes or shifts have always been and will continue to be.  As the industry constricts, options, terms and conditions tend to constrict with it.  Your upcoming casualty lines renewal may look different, and we highly recommend staying out in front of it.

With that being said, contact Libertate Insurance Services for all your PEO-related insurance needs by emailing us here.

Managing COVID-19 Vaccine Policies

THIS ARTICLE IS BEING REPOSTED BY LIBERTATE INSURANCES JAMES BUSCARINI. THE ORIGINAL CONTENT WAS WRITTEN IN THE FEBRUARY 2021 EDITION OF RISK MANAGEMENT MAGAZINE. ARTICLE WRITTEN BY JODY MCLEOD, ESQUIRE AND GARY PEARCE

As COVID-19 vaccines become more available and companies return to the office, employers may want to protect their workforce by mandating vaccinations. However, it is essential that they keep in mind certain risks and how to mitigate them, including the legal limits of what they can ask of employees.

When approaching mandatory vaccinations for workers, the legal rules are reasonably established. Employers can mandate vaccinations as long as they have processes to deal with exceptions. The key exceptions concern medical disabilities covered by the Americans with Disabilities Act (ADA), and bona fide religious objections covered by Title VII of the Civil Rights Act of 1964. Because a vaccination is not a medical examination, it does not inherently trigger certain aspects of the ADA.  But beware of violating ADA obligations in the course of asking pre-screening questions or securing proof of vaccinations. Unvaccinated employees—particularly those who refuse or are unable to take a vaccine for medical or religious reasons—may be excluded from the workplace if they pose a direct threat, subject to ADA and Title VII ­obligations to pursue a reasonable accommodation. The ADA accommodation standard is somewhat more favorable to the employee than the Title VII standard. Determining whether an unvaccinated employee poses a direct threat requires a fact-specific determination, considering the duration of risk, the nature and severity of potential harm, and the likelihood and imminence of potential harm.

Excluding an employee from a workplace because they pose a direct threat does not automatically mean termination is justified. The employer first needs to determine whether there is a feasible alternative arrangement that would not impose undue hardship, such as remote work. There remains a general duty under the federal Occupational Safety and Health Act (OSHA) to provide a workplace free from serious recognized hazards, and COVID-19 exposure will typically qualify. Of course, organizations that expose the general public to COVID-19 risk being sued.

If a company imposes a vaccination mandate, it must consistently administer exception processes regarding reasonable medical accommodations and religious objections.  It will need to understand what constitutes business necessity, and must be able to identify reasonable accommodations on a fact-specific, individualized basis. The company will need to decide whether to assume the risks and obligations arising from self-administering vaccinations, or instead depend on collecting evidence of third-party administration. Lastly, it will need to minimize the prevalence of medical inquiries—including medical details unexpectedly proffered by the employee—and preserve the confidentiality of any protected information that may thereby be received.

Other potential issues include whether there is a union contract that the company must consider, or whether any state or local laws forbid mandatory vaccination policies.  

Risks of Vaccination Mandates

If an employer requires vaccinations, it must administer the mandate consistently and consider whether the additional risk is justified. If the employer imposes the mandate for only certain categories (e.g., for customer-facing staff but not home-based workers), it will need a rational basis for its determinations. Also, a mandate could bring any adverse reactions into the realm of compensability for workers compensation, and time spent receiving a mandatory vaccine is most likely compensable for purposes of wage and hour compliance. Data privacy and retention of medical records also need to be considered in the record-keeping process as the relevant regulations and laws are quite demanding. If the company provides financial incentives to encourage compliance, income may need to be reported and taxes owed as well.

Changing and Varying Rules

It was not until December 2020 that the Equal Employment Opportunity Commission issued substantial additional guidance regarding COVID-19 obligations under prominent employment laws. As of this writing, OSHA has yet to issue any rules specific to COVID-19, but the Biden administration is expected to issue a broad rule in the coming months. States and municipalities issue executive orders and ordinances at a pace that only specialists can keep up with. Even if all the written rules are known, there is no assurance that they will be administered in alignment with what governed parties might expect. “Guidance” may become a de-facto obligation.

For all these reasons, companies cannot base their protection and recovery program solely on compliance with current legal requirements. Nor can a static “one and done” determination be sufficient. In light of all these issues, duties and uncertainties, companies should determine whether a vaccine mandate is an effective use of their administrative resources.

Business Expectations

Requiring vaccinations does not mean employers can forego the rest of their COVID-19 management protocol. Employers need to keep in mind that there is no proof that vaccinated people cannot transmit the virus to others, the vaccination seems likely to be less than 100% effective, and some people either will be unable to get the vaccine or at least will not yet have received it. Worry about a new pandemic episode will persist for years.

Many employees likely regard safety as the highest organizational priority and will look to their employer to provide reliable information about COVID-19 risk management. Failure by the organization to respect these new expectations could trigger negative social media reactions, unwanted attention from plaintiffs’ attorneys, and difficulty attracting and retaining valuable talent. While this may be a threat to some managers, it is an unprecedented opportunity to strengthen the bond of trust between employee and employer. 

As a practical matter, legal regulations tend to react to changing circumstances.  This makes it likely that any rescinding of temporary standards will occur in a somewhat tardy fashion. To date, the volume of litigation related to COVID-19 has been less than feared. However, do not take too much comfort in this. Courts have been shut down, causal connections are likely to be better understood as experience accumulates, and plaintiffs’ attorneys may surmise that juries will be more sympathetic after the worst of the crisis has passed. 

Employees Who Refuse

Surveys show that a significant portion of the population would choose not to take a COVID-19 vaccine. Some may eventually be persuaded, while others have deeper objections. Some may be uncomfortable as long as deployment is under emergency use authorizations. This unease reinforces the need to be collaborative in pandemic management and transition planning, and to communicate the reasoning behind critical decisions or policies.

The entire workforce will never agree on how best to emerge from the pandemic. Although communication is important and stakeholder feedback is necessary, securing unanimity is unrealistic. On the other hand, if a significant number of workers refuse to accept a vaccine, even in the face of an employer mandate, is the organization prepared to redeploy or replace these workers?

There is no risk-free path to a post-COVID environment. Employers must continuously assess conditions and be prepared to act promptly despite incomplete information, changing circumstances and inherent uncertainties.