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Drastic Alteration of Workmen's Compensation Division System

By: Larry Neal


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The administration for the workmen's compensation division is preparing to ask two separate favors of the legislature. First, they want a set fee schedule for the lawyers who take the cases for their department. Second, they want a review board established to determine if cases are valid. Several scandals have rocked this department lately, and the administration is determined to improve the way the department works.

Recently the division was marred by allegations that surfaced of bad doctors and lawyers who are not only stealing from the injured employees, but also from the department itself. The scandal has seen at least one state senator, a lawyer by trade, off to prison. The attorney general says more charges are coming from this particular scandal.

One lawyer will ask the platform convention to make radical changes to the way this division works. Claims should no longer be settled by a lone administrator, and there should be a set fee schedule for lawyers, which doesn't rely on how much the worker is awarded, according to this lawyer.

Everyone is taking potshots at other lawyers for taking the workmen's comp scandal and turning it into an arena for political change, especially when a large political party specifically said that it wouldn't. 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.

The legislature received several proposals to get an appeals board and fee schedule started. Members wanted a legislative audit of the division before they acted, so the proposals died in committee. The audit was not completed before the legislature dismissed. Keeping the bills in committee was part of a bipartisan agreement, he thought.

An intricate list of the proposed reforms is below. The public can scrutinize all the files they want, barring personal medical records. Because a leading newspaper won a suit against the department, this change was created.

When a worker is awarded a claim, he or she will be notified of the amount they've won. Then, the worker will be sent a check on a set schedule. Lawyers can expect one lump sum payment via check. 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. These policies are in action right now.

The amount of premiums employers pay is now under review by a legislative committee. The determination process of compensation was just changed by the legislature. Three doctors will make a medical review committee to look at future claims and judge if the injuries sustained are valid job-related claims. It is very hard to find professionals willing to spend their time on the committee.

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