By Joan Jameson
The legislature will soon be asked by the administration of the Worker's Compensation Division to make some changes. They would like a fee schedule to be established for the lawyers who take the compensation cases. They'd also like a review board. This division, which has recently been filled with scandal, deals with job-related injuries and compensating the workers who are hurt. The administration wants a change, and has promised to act.
Criminal actions have been taken recently by both doctors and lawyers who have illegally gained funds from both the department and injured workers. There has even been one jail term given out to a state senator who is a lawyer in connection with the current scandal. The attorney general has declared that action will be taken against others.
One state lawyer seeks sweeping changes to the workmen's compensation system. He proposes a set fee schedule for lawyers who take the cases, and altering the ways claims are currently settled so that one administrator is not solely responsible.
Lawyers continue to make issue with the fact that some have turned the workmen's compensation scandal into a political battle. This is especially interesting because one political party just promised not to do so. One lawyer feels like workers and employers will both suffer if this becomes some big political fight, instead of a chance to reform the system.
The legislature saw proposals for making a fee schedule and review board. The proposals died in both the house and the labor committees because the members wanted a legislative audit of the division before acting. The audit was not released until after the legislature adjourned for the year. There may have been a bipartisan agreement to allow the bills to stay in committee.
What follows is the full spectrum of reforms the division wants to enact, which a single lawyer drew up. The public can inspect all files, except personal medical records. The change was made after a leading newspaper won a lawsuit against the department.
When a worker is injured, they are informed just how much they are getting, and they are directly paid by the division regularly. Lawyers can expect one lump sum payment via check. The worker will be notified of the amount and the check will be made payable to the worker alone. This policy is already used.
There has been a legislative interim committee set up to create a method of determining rates that can be charged to employers. A group of bills did recently pass through the legislature. These changed the way compensation was completed. There is also a committee of doctors tasked with reviewing claims that are made in order to figure out if they qualify for compensation. Getting three doctors who have the time to work on the committee is not easy.
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