Compensation Lawyers May Have Set Fees Determined by State

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There is to be a request from the workmen's compensation division in an attempt to set fees for lawyers handling compensation cases, with the introduction of an appeals board for oversight. This division, which has undergone scrutiny of late, and is chiefly concerned with giving workers money for injuries they sustained on the job, is in need of change according to the administrator.

In light of allegations that workers have been ripped off by the lawyers and doctors they worked with, there is a lot of controversy surrounding the division. At least one lawyer, who is also a state senator, has been sentenced to prison because of this issue. More charges are pending, according to the attorney general.

One state lawyer seeks sweeping changes to the workmen's compensation system. He proposes a fee schedule for lawyers who take the compensation cases. These fees would have nothing to do with the amount of the claims. Also, the lawyer would like to have multiple administrators placed in charge.

Because they've made it into a political issue, the lawyers are finding fault with each other. This is very interesting because one major political party just vowed not to make the scandal a political point of interest. It would be a shame to see this become a bipartisan issue instead of an opportunity to reform, according to one lawyer. Employers and employees alike could really benefit from a change.

There have been proposals for fee schedules and the introduction of an appeals board. Members of both the house and the labor committees killed the proposals because they wanted a legislative audit of the division before making any recommendations. The legislature ended prior to seeing the audit. A bipartisan agreement may have been made to keep the bills in committee.

One lawyer proposes the following reforms, and they are currently being made by the division. Every file should be open to public inspection except for personal medical records. Because a leading newspaper won a suit against the department, this change was created.

Workers who are awarded their claims will be told how much they've been awarded and then paid on a regular basis. Lawyers can expect payment in one lump sum. The payment checks have to be made out in the injured worker?s name, and that worker must receive notification of the amount of award payment. The division is now using this policy.

An interim legislative committee is now considering the rates charged employers for workmen compensation premiums. The legislature recently passed a set of bills which changed the means by which compensation will be determined. A medical review committee of three doctors is being formed. They?ll review the claims to check for validity. At the same time, this involves time and a lack of payment that most doctors are unwilling to undergo.

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