Embedded Files
Post date: Oct 03, 2016 9:24:13 PM
From: Chris Riemer [mailto:jcr@knowledgestreet.com]
Sent: Monday, October 03, 2016 5:20 PM
To: Barrett Wilson (bgwilson53@gmail.com) <bgwilson53@gmail.com>; 'Elizabeth Lachowicz' <e.lachowicz@verizon.net>; 'Lori Falco' <lwfalco@optonline.net>; 'Otto, George' <georgeotto@mac.com>
Cc: 'Mike Agranoff' <Mike@MikeAgranoff.com>
Subject: Liberty Mutual Correspondence
Just to keep everyone in the loop, today I received a packet of information from Liberty Mutual, which contained the following items:
A letter telling us our policy will expire on December 10, at midnight. If we don't have a check for the full amount due ($2,496) in their hands by then, it will be bad. If we are up to 60 days late, there will be a lapse in coverage. More than 60 days late and we will need to re-apply.
A form that breaks down the premium cost into various categories. It also lists the "Principals" as Bill Henderson, Elizabeth, Barrett and Rachel Streich. They just can't seem to get that part right.
Another form that's somewhat interesting. It notes that under the law, self-employed people can elect to be treated as employees in a Workers' Comp context. However, they have to make that election when the policy is purchased or renewed, and they can't change their minds during the policy term. The idea here is that we could send this out to anyone performing services on behalf of the Folk Project, and ask them to opt in or out.
A notice containing important information about the Terrorism Risk Insurance Act. Basically, it says the Feds will kick in some money in the event we are deemed to have suffered an act of terror.
Payment Plan Options for New Jersey. Doesn't apply to us, because out total premium is so small that we have to pay it all at once.
A plug for Liberty Mutual's VantagePort® online policy management portal. You have to enroll, but since we never have any claims, there's not much point.
A letter telling us that we are only covered for the states listed in Part 3.A of our policy. That would be New Jersey.
A letter telling us about our responsibilities for subcontractors (Gadzooks!), which basically confirms what we had already deduced. "Contractors may be held liable for injuries to the employees of subcontractors if those subcontractors do not carry their own workers compensation coverage." It goes on to talk about how these premiums are calculated (since there is no "salary" involved), and then says that premiums will be charged "if we determine there to be an employee-employer relationship... In making our determination, we will consider the frequency of work, method of pay, type of work performed, extent of control, who supplied the tools and other factors."
I've attached a scan of that last document. But it suggests to me that we could make a case that there is no employer-employee relationship when it comes to Folk Project performers. And that also explains the annual audit form, which only lists the monies we pay to performers as the basis for our premium. At some point in the past, Liberty Mutual presumably decided these subcontractors were statutory employees. So what we really want them to do is revisit that decision.
Onward and upward,
Chris
Chris Riemer
Treasurer
The Folk Project
www.folkproject.org
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