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 certainly has had its share of problems, assists people who get hurt while at work. The department head promised that changes are coming soon.
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. 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 more cases to be filed because of this scandal.
One lawyer wants to be able to give proposals to the workmen's compensation division that will change the way it works. The first change he calls for is the setting of a fee schedule. Fees would not be determined by the amount of the claim. The lawyer would also like to see more than one administrator be 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. If bipartisanship gets in the way of actually getting the job done, one attorney says, the participants will be too busy fighting each other to actually form any real solutions to the sweeping problems that lay ahead.
A fee schedule establishment and appeals board creation were both proposed to the legislature. Both were killed in committee. Legislators said they needed to see an audit of the department. The legislature ended prior to seeing the audit. A bipartisan agreement may have been made to keep the bills in committee.
The division is making the following changes, which were suggested by legal counsel. Only personal medical records are to be sealed from the public. This current policy was established after a newspaper won their suit against the department.
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 notice of settlement amount must be sent to the worker, and the actual checks must be made in the worker's name. 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 was just passed by the legislature to change the way claims were decided and compensation was awarded. Three doctors are being chosen for the medical review board. It will be their responsibility to make sure the injuries sustained could really have happened on the job. At the same time, this involves time and a lack of payment that most doctors are unwilling to undergo.
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