Showing posts with label worker compensation. Show all posts
Showing posts with label worker compensation. Show all posts

Sunday, January 30, 2011

Injured Workers Denied Healthcare Sue Walmart


http://workers-compensation.blogspot.com/2011/01/rico-consequences-of-managing-health.html


FRIDAY, JANUARY 28, 2011

The RICO Consequences of Managing Health Care in Workers Compensation


It is one thing to provide workers' compensation coverage to injured employers and it is another issue how involved an employer can be in managing medical care. That right was never addressed by the crafters of the workers' compensation system almost a century ago.


That dilemma is now being addressed by a Federal Judge in Colorado where a class action lawsuit pending against Wal-Mart for micro-managing and restricting medical care to injured workers. Brooks Magratten, Esq, has addressed these issues in a recently authored article. "Class Action Attacks Wal-Mart Health Care Model." 25 No. 13 WJEMP 1 (Jan. 25, 2011). The landmark action has the potential to expand workers compensation medical care into the umbrella of a national universal medical care system.

The plaintiffs in the pending action, all former and present Wal-Mart employees, are seeking treble damages against the mega-corporation, with an aggregate market value of $108.8 Billion, for interfering with medical care. Judge Robert Blackburn has denied Wal-Mart's motion to dismiss, now setting the stage for a definitive test of the workers' compensation medical system nationally.

Sunday, January 9, 2011

AMA Against Injured Workers

The AMA has produced a new guide to disabilities that dramatically reduces aid to injured workers.  The new guide is surrounded with controversary and lack of transparancy.  Congress has called it into question, but AMA officials refused to attend the congressional conference to answer questions

"Workers' compensation is sometimes called "the Grand Bargain." Under workers' comp, employees give up their right to sue their bosses for workplace injuries and illnesses in exchange for compensation under a no-fault system. As Rep. Lynn Woolsey (D-CA) said at a Nov 17 subcommittee hearing of the House Education & Labor Committee, this grand bargain of the 20th Century doesn't seem so grand these days. Benefits for injured workers have declined significantly since the 1990s because of intensive state-level lobbying by insurers and self-insured employers. The latest guidelines for assessing workplace health issues may depress benefits even further."


"The primary focus of the hearing was the sixth and latest edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment, the bible for determining how a workplace health problem translates into on-the-job impairment. This may sound like an obscure issue, but the answers potentially affect millions of American workers. Many states require the use of the latest edition of the Guides, the 6th Edition, published in 2007, has proved so controversial that some states, including Iowa, Kentucky and Vermont, have chosen not to adopt it."

"Rep. Woolsey alleged in her opening statement that the latest edition of the guide has "dramatically reduced impairment ratings for many types of conditions, without apparent medical evidence, and transparency." Various witnesses echoed Woolsey's assessment that the 6th Edition is dramatically different from previous editions."


"It also appears that the 6th edition was developed in near secrecy, without the transparency and consensus which should necessarily accompany the development of standards that will have widespread use by state governments," she added."

"Godfrey testified that the AMA declined to disclose the names of the authors of chapters in the guide to an Iowa Workers Compensation task force in 2008. As of this week, neither the Iowa Division of Workers Compensation, nor the Workforce Protections Subcommittee had received a list of chapter authors.

The AMA was invited to send a representative to testify at the Nov 17 hearing, but the Association declined to do so and instead submitted written comments for the record."

For complete article:
http://inthesetimes.com/working/entry/6728/congress_asks_tough_questions_about_ama_disability_bible/

Thursday, December 30, 2010

Workers Compensation Causing Desperate Acts

"More Desperate Acts From Desperate People"

By David J. DePaolo

posted on 4/24/2010

David J. DePaolo is the president and CEO of WorkCompCentral.com, a web based subscription newsite that deals with eveything Workers Compensation in California. David is also an attorney, and has been a member of the California Bar since 1985. He is a graduate of the Pepperdine University School of Law.

Yesterday (May 20) was quite the trying day. First the news comes out that professional cyclist and dethroned Tour de France winner Floyd Landis not only admits to doping, but accuses everyone else in cycling, from American hero Lance Armstrong, to the world executives in charge of professional cycling, to either doping or knowingly turning a blind eye.

Just as I recovered from these dark revelations I get an urgent e-mail mid-afternoon from a close friend that an attorney had just been stabbed at the Los Angeles District Office of the Workers’ Compensation Appeals Board. Like the Landis news, I was disheartened by this news, but certainly not surprised.

As we later reported, allegedly 38 year-old Andre Torres stabbed 60 year-old attorney Joe Rippinger in the back with a 9-inch kitchen knife. Details at the time I write this are unknown, but reports are that Torres and Rippinger did not have any relationship at all – apparently Rippinger was at the wrong place at the wrong time as Torres was intent on taking out his rage on an attorney – any attorney.

We can only surmise, but my guess is that Torres if he is the culprit has deep emotional scars from getting lost in the jungle of Workers’ Compensation.

I see evidence of this all the time, as I’m sure many in the industry do – desperate people fed up with the “system” act out in different ways – many of these desperate people vent their anger and rage in our forums, sometimes they send me e-mails or letters documenting their frustration with the system and desperation to get better, and sometimes they just commit suicide because there no longer is any hope.

Workers’ Compensation has seen its share of violence from such folk – Santa Cruz attorney Jay Bloombecker murdered in 2006 by a client, SCIF attorney Louise Armstrong assaulted in a parking lot in Anaheim, defense attorney Erwin Nepomuceno beaten with a hammer by an upset applicant in front of a medical clinic.

It would be easy to blame the Division of Workers’ Compensation for not setting tighter security protocol such as metal detectors, but the issue is not just one of security.

And it would be easy to just blame the injured worker and assume that these are just crazy people who would act out in some manner regardless, and just happened to choose a workers’ compensation situation due to convenience.
But I don’t think that the blame is so easy to assign, and I think the blame goes to the heart of what is fundamentally wrong with workers’ compensation: the one person whom the system is to benefit, the one person who is in the system involuntarily, is the one person who has no control over his or her fate – people pushed to the brink of sanity and then acting out in a violent, desperate manner in an attempt to get some relief.
Think about that – once the injured worker ends up in litigation nearly all semblance of control over his or her destiny is taken away, from being told what doctor to see, what treatment can or can not be approved, the expiration of disability payments, whether he or she can go to work, etc. The injured worker has no say during the life of the litigated claim until it’s settlement time.

The litigation process in California Workers’ Compensation is designed to remove all responsibility from the injured worker, and ergo, remove all control from the injured worker. This may not be the intent of the process, but it is the result.
Medical control essentially rests with the employer. This modification to the system was necessary, as are most rules and regulations, because a few bad apples decided to abuse the right to medical to control so that they could unfairly profit from the system.

And not only has the right to medical control been usurped, the method of contesting medical decisions has been removed from the injured worker’s control – it’s in the hands of utilization reviewers with essentially no right of appeal.

If you’re lucky enough to get to a hearing about a disagreement or conflict with the case, it’s likely months before any decision is made (which again is out of the hands of the injured worker) and it is very likely that the claims administrator may still not abide by the ruling, further delaying the claim and the fate of the injured worker.

The injured worker cannot get back to work because the employer doesn’t want a broken employee. The physician will prescribe a permanent impairment assessment, but the injured worker has no understanding of what that fiction means, or what its ultimate relation to a settlement is.

While all of this professional activity is going on around the injured worker, months or years go by and the injured worker has been off work for so long that there isn’t any motivation as he or she spirals down into depression.

This is no excuse for acting out or the violence that has made recent headlines. It is an indictment of the “system” – a process that is so complex, so entrenched, so lacking of humanity, that it no longer does what it was supposed to do: provide protection for the injured worker so he or she can get back to work.

Somewhere, at some time, some one with political power and clout will figure out that the problem with Workers’ Compensation is Workers’ Compensation itself – the system no longer serves the only involuntary participant. When that happens the system will cease, an industry will shift to another profit source, and perhaps the injured worker will regain some control over his or her life. Until then, expect more desperate acts from desperate people.

Monday, December 20, 2010

Worker's Compensation and Depraved Indifference

Hear this interesting Podcast on Worker's Compensation Problems by Dr. Patrice Woeppel, author of  "Depraved Indifference". http://www.ciws.ca/WCM_061209_Woeppel.mp3


Please see this video also:  http://www.blip.tv/file/4383774

Tuesday, November 2, 2010

Human Rights Go Wrong in Worker's Compensation_Depraved Indifference

Patrice Woeppel On "Depraved Indifference: the Workers' Compensation System"



http://www.blip.tv/file/4383774
Patrice Woeppel, author of ;"Depraved Indifference: the Workers' Compensation System"

talks about the systemic crisis and failure of the workers comp system which punishes

workers while harming injured workers. This interview was done on October 14, 2010.

For more information go to: www.patricewoeppel.us

Production of Labor Video Project laborvideo.blip.tv www.laborvideo.org

Tuesday, October 5, 2010

Biotech Workers Denied Medical Care from Exposures to Biological Agents



Sandi Trend, mother of injured biotech worker speaks out at CA Commission on Health and Safety and Workers Compensation.  Injuries to Biotech workers are being discounted due to little regulation and oversight in the field.  Biotech workers are even denied exposure records necessary for medical treatment.  Corporations "game" the system and deny injury since they know that biotech workers cannot "prove" that their exposure caused their illness since they are denied exposure records.  Worker's who are desperately ill must go on social security or medicare.  The cost shifts to the public instead of the profit-driven corporation.

It is the same old story.  The public loses.  The corporations win.

Monday, September 13, 2010

Human Rights Violations Against Workers

HUMAN RIGHTS OF WORKERS WITH INJURIES


In our current fragmented system of health care financing, adequate and accessible workers’ compensation health insurance is essential for the protection of the right to health. In the United States, state level workers’ compensation systems are the only source of health coverage for injuries on the job.

Nearly a quarter of a million workers in the state of New York become injured on the job each year. Even when injured due to employers’ negligence, they have no recourse to the courts as workers’ compensation is intended as a substitute for law suits arising from injury. In exchange, workers are supposed to have a no fault system that covers everyone expeditiously and equitably.

Instead, workers with injuries are generally forced to prove their need for health care and wage replacement benefits in a grossly unbalanced match against powerful insurance companies and lawyers. Early in the process, workers are forced to go to low quality doctors paid by insurance companies to assess whether a worker has been injured on the job. In conflict with medical ethics, these doctors, misleadingly called Independent Medical Examiners (IMEs), go to great lengths to deny claims.

Much too often, the process turns into a bureaucratic and procedural nightmare, where workers are humiliated, stigmatized and subject to investigations that violate their right to privacy. Very little of this process is shaped by objective medical review or public health considerations. Indeed, the Workers' Compensation Board is rife with unjustified delays in access to medical care and wage replacement, rejection of legitimate injuries, obstacles for non-English speakers and inadequate rates of compensation.

The strain on workers can be extremely severe. Many workers develop new mental or physical problems as a result of their experiences with the Workers' Compensation Board, for which they might never receive support. With limited resources and inability to work, these workers and their families face hunger, extreme insecurity, and a heavy burden of guilt that they are no longer providing for their families. Essentially, workers begin with sickness and injury and often end up sicker and more injured, creating a devastating impact on human dignity and well-being.

NESRI is working with workers with injuries in upstate New York to develop analysis, documentation, public education materials and a human rights report on violations of the right to health and social security in New York’s workers’ compensation system. NESRI has also trained workers with injuries in participatory human rights documentation, and in turn, they have conducted dozens of interviews of fellow workers with injuries.

NESRI: National Economic & Social Rights Initiative

http://www.nesri.org/support_nesri/index.html

Saturday, September 11, 2010

Problems in Connecticut Workers Compensation

Serious problems and abuses against employees still exist in Workers Compensation for workers who sustain a work-place injury or illness.  Here is a historical perspective from 1993 in Connecticut.  It contains poignant stories related to lack of rights for injured workers.


http://www.rellsmells.com/1993%20Employee%20Testimony%20Madden.html

Thursday, July 29, 2010

BIOTECH INDUSTRY DENIES INJURED WORKERS RIGHTS_SANDI TREND SPEAKS

Sandi Trend, human rights and public health and safety activist speaks out about the injustices and coverup within the biotech industry against biotech workers.

Her son, David Bell was exposed to harmful biological agents while working at Agraquesta, a biotech company.  Bell immediately became seriously ill and has been denied directed medical care for his work-related exposures. 

Trend spells out some of the problems and fraud that workers face when trying to obtain medical care from dangerous biological exposures at biotech companies.  She emphasizes the lack of workers rights in this industry and the dangers of working in the industry.

See her talk here at the National Conference on Biotechnology, Health and Safety, Labor and the Public:  http://blip.tv/file/3924484

Thursday, October 22, 2009

Violence in the Worker’s Compensation System-Desperate Times for Injured Workers

I would highly advise all worker’s who have been harmed by the Worker’s Compensation system NOT to walk into the worker’s compensation buildings toting a rifle like one angry man did yesterday, demanding help.

It won’t get you anywhere except in jail or in a straight jacket.

Unfortunately, injured workers find out too late, only after they are seriously injured, that the
WC system is broken, leaving many of them without adequate medical care, no avenue for future employment and without adequate compensation. Many injured workers become desperate and angry, realizing that the system has failed them and their future.

It can lead to desperate measures like the one took by this rifle-toting man, demanding help at gunpoint.

I am almost certain that every injured worker who has been mistreated by Worker’s Compensation can empathize with the struggles that this man must have endured to make him act so desperately. But his desperate act was not the right choice and it doesn’t help anyone. The way to solve the problem is not with violence but with unity.

The problem, however, is that there is no adequate organization that is currently available to help injured workers who are getting dumped on by the Worker’s Compensation system.

Injured workers around the world must show leadership and organize as a group. There is no other group that understands the problems beset within the Worker’s Compensation system better than the injured worker.



Injured Workers need to unite to help educate other workers about the real problems that exist. Injured Workers also need to support union representation to protect worker and public health and safety.

If injured workers do not unite, nothing will get accomplished. Desperate times and desperate measures will continue and injured workers will remain abandoned and mistreated as they are today.

http://www.thestar.com/news/canada/article/713574--9-may-be-held-by-edmonton-armed-man

http://www.nytimes.com/2009/03/31/nyregion/31comp.html

Friday, October 2, 2009

California Dina Padilla Runs for Insurance Commissioner, Claiming Fraud Is Used Against Injured Workers

Dina Padilla is an advocate for injured workers to obtain medical care. Dina is running for insurance commissioner to combat against the fraud which pointingly deny worker's their right to healthcare. She is a voice for the people and a voice for justice. Watch her video here!

Thursday, August 27, 2009

Biotech Worker's Rights DENIED


Biotech worker, David Bell is denied Health and Safety Protections and Workers' Compensation after exposure to Agraquest's biological agents.

Below is a complaint written by David Bell's mother to the Commission on Health and Safety and Worker's Compensation in California.


August 27, 2009
Commission on Health and Safety and Workers' Compensation
1515 Clay St,
Oakland, CA 94612

RE: Complaint

California is NOT protecting employees rights to work in safe and healthy
environments nor are injured employees given the right to know of the hazards they
have been exposed to.

California employers, who willfully violate Federal and state laws are not held
accountable, they are given the green light to continue to violate the law and there
misdeeds of fraud and concealment are hidden under the umbrella of protection
within the corrupt California worker’s compensation system.

My son, David Bell worked as a laboratory Assistant Researcher/Microbiologist (to
obtain lab hours for his Bachelor of Science Degree) for one of these employers,
Agraquest Inc. (AQ) a biotechnology company that discovers, screens and
experiments with known and unknown microorganisms, AQ searches the world for
microorganisms; and brings them into the U.S., mostly in soil, They receive
microorganisms from “microbe hunters” and other biotech companies; not known is
whether they were natural or mutations and had been genetically modified. At last
count there were over 23,000 microorganisms in AQ’s “microbe collection”.
David also worked with and was exposed to larvae and live insects.

After 5 months and 9 days at AQ, after vomiting and being sick for days David had
purulent bloody pus draining from his nose. He told his supervisor he was sick and
clocked out. He then went to Immediate Care Medical Clinic; was placed on the broad
spectrum antibiotic Zithromax and told to see an ear, nose and throat specialist. This
he did; now the left side of his face and teeth were numb. He was scheduled for the
first, of what would become four major sinus surgeries only seven ( 7 ) days after
seeking emergency medical care. He’s had countless other sinus procedures in
physicians offices through the years.

David stopped producing enough B-cells for an intact immune system; for 3 years,
every 28 days he was hooked up to an IV pump receiving IMMUNOGLOBULIN
infusions at the hospital; each lasting up to 7 hours.

Several of David’s vital organs have been affected as the result of his employment at
the AQ laboratory; respiratory, lungs, heart, liver, spleen and GI tract.
Denied by AQ as being the result of David’s workplace illness and disease were
nineteen (19 ) fungus and bacteria that have been identified in David’s blood, sputum
and/or nose cultures and/or lab results showing levels of antibodies as a result of
exposure; ranging from positive to HIGH POSITIVE. ALL of these fungus and bacteria
are linked to AQ’s products, patents and/or other companies patents that the
scientists at AQ are listed as inventors.

This is David’s medical from 1995-1998; seven ( 7 ) pages total, 1 page is a
Confidential Health Information Form. This is his medical costs after working for AQ
beginning 1999 through 2005 with a cost of over $333,000, mostly paid by medicare
and none by AQ’s workers comp carrier. I stopped calculating after 2005 although to
this day he is still sick and has mucous of every shade of the rainbow coming from
his nose. That is, when he can get it out.

As David’s mother, I swear to you; he has never been sick like this before he went to
work at AQ. He had seasonal allergies, normal colds and flu and he did have a
hernia surgery at the age of 6 because of a car accident.
California has to stop protecting businesses and start protecting it’s workers.

Thank you,
Sandi Trend

cc: file
attachments: Three ( 3 ) photo’s
1) David Bell medical prior to working at AQ; 3 years (1995-1998)
(7 pages ; (1 page is a Confidential Health Information Form) and
comparison to David Bell Medical billings after working at AQ;
(1999-2005)
2) David Bell medical billings after working at AQ (1999-2005)
3) Comparison of David Bell medical prior to working at AQ; 3 years
(1995-1998) and David Bell medical billings after working at AQ (1999-
2005)