Nevada's long-troubled workers' compensation system was drastically revised five years ago in hopes of streamlining the process of caring for injured workers. But if you are injured in the workplace now, the private companies that have taken control of the program could leave you without medical care, without compensation, and without a job.

John Taylor, with the Association of Injured Workers, said, "They stretch it out as long as they can. Taylor speaks from experience when he says the Nevada workers' compensation system delays the claims filed by injured workers. During the years he worked at the Nevada Test Site, Taylor lost an eye, demolished his hearing, and wrecked his back. He's spent the past 13 years fighting the system, which he says was bad when the state ran it and went downhill from there.

John Taylor said, "Other states, they've privatized. There you can still sue. Nevada is the worst."

Along with privatizing workers comp, Nevada also exempted insurance companies from legal damages if the companies ignore the law. The worst that could happen to them is they might have to pay out what they should have paid out in the beginning. So, why not deny and delay?

Dean Hardy, an attorney for injured workers, said, "So there is no incentive to say yes to compensation, or yes to medical care, or yes to a change of doctors. It gives blanket immunity to a third party administrator or insurer for violating the statues they're supposed to be upholding"

One of Dean Hardy's clients is a firefighter who suffered on the job injuries while fighting the early 80s blazes at the MGM and the Hilton, and other injuries as well. The county doesn't want to pay for his medical care so the fireman has had to go to court to try and get his medical bills covered. At every step, the deck seems stacked against the injured worker.

A 2005 legislative audit found that many workers aren't informed of their rights when injured. If they don't file a claim within seven days, it's too bad and too late. The state's Division of Industrial Relations is supposed to oversee the private insurers, but the audit found in more than half of the cases, the D.I.R. failed to force insurers to meet the statutory deadlines in handling claims and were lax in fining employers who had it coming.

Aubrey Goldberg, an attorney for injured workers, says the state seems to have little appetite for sanctioning companies that break the rules. "I find it's hard to get them to do those things most of the time. Is it much zeal? My personal view is no, there isn't."

Worst of all for the injured worker, Goldberg says, is the move to managed care programs. A worker injured on the job will be sent to a doctor or clinic that essentially works for the insurance company. "Their primary loyalty is to the people who are paying them and not to the injured worker," Goldberg added.

Dean Hardy says doctors have been known to reverse findings favoring the injured worker after being contacted privately by the insurers. "The doctors recognize what keeps them on the panel -- opinions that do not favor the injured worker. Oftentimes those opinions aren't medically supportable, and that's really tragic. They will taint medical opinion and try to tailor it for the employer or insurer... I do see it happen."

Those doctors who do the right thing get fired, Hardy says. Workers who try to appeal bad rulings in hearings often find themselves up against lawyers or other experts hired by the other side.

Kelly Oakley, who demolished his back working at McCarran Airport, was terminated for medical reasons. A hearing officer was sympathetic but ruled for the other side. Oakley said, "Workers' comp? It's maybe one step above welfare, if that. They treat you like you're on welfare."

Officials at the Nevada Division of Industrial Relations, which is supposed to oversee the privatized workers' compensation program, declined repeated requests by the I-Team for on camera interviews. However, they told us off-camera that injured workers are often at a disadvantage, especially if they have to fight for their claims without legal representation.

Eyewitness News plans to keep an eye on the workers' compensation story in the months ahead.

Email investigative reporter George Knapp at gknapp@klastv.com

Worker’s Comp System Severly Abuses Disabled Man

An earlier post from this blog annotates the woeful and absolute outrageous treatment being heaped upon one of our members, Ron Markowicz, by the Worker’s Comp System, including his own attorney, whose firm appeared to be in collusion with the Insurance Carriers by ceasing all pertinent services to his case apparently driven by fear of potential corporate harm through future litigation.  No medical help for months.  No answers from the attorney—-only mis-statements.  No help anywhere.

As a former vocational counselor, I have seen this type behavior before—and it generally stems from a surgical mistake, then when an injured worker continues to complain, the first thought emanating from the Carriers, attorneys, et. al  is:

‘Stop the services!  Send out false information to the worker!  Make outrageous claims that the worker is not complying with the various service providers! Cover your ass!’

And ad naeuseum….the spin merchants, coupled with loss prevention departments of these huge insurance conglomerates begin to work their magic—–here’s what they do to a lot of people who might have a legitimate complaint:  they simply stop sending their monthly check.  No explanation.  Can you imagine the panic?

As it is, you are lucky if you receive two thirds of your normal salary while on the Comp System—and now, suddenly,  you have no money to pay for anything!  Most of the times, they will re-start the financial benefits, but not before causing the injured person to suffer further through stress by making them late for credit card or rent payments.   Add to it a nightmarish quality– I have personally heard insurance company rehab co-ordinators,  while at industry ‘functions’, exclaim great humor at how many  people they ‘put the screws to’ that week.

Folks, this stuff is industry wide, and it sickens me to watch it continue.  This should be considered health care reform, too, and the political writers seem to simply ignore the horrendous level of abuse perpetrated by the ‘business’ side of this system, while the person who is already hurt and suffering, suffers further at the hands of those who should be honestly assisting them to achieve their best level of  gainful re-entry to the work world. (or determine that will never be possible)

It should be obvious to all that creating an adversarial system, instead of a truly philanthropic, medically progressive streamlined system, the worst of all possibilities occur, where delays are normal, and communication among the providers is poor, at best.  Built for failure.

And, as all our members know, the Social Security Disability system certainly seems bad enough— difficult and hurtful at many turns.

At this writing, there over a million cases which are officially ‘backlogged’ in the Social Security Disability system.  Unless you take the  free course offered here at the Disability Digest, you can easily wait three full years before receiving benefits. (and that’s if you’re not backlogged)  Three years!  No excuse can be offered which might even approach credibility.

But the Worker’s Comp System—-if anything can be more problematic than Social Security Disability, it’s this damnable system in which Ron Markowicz continues to suffer.  But, some progress had been made.  There may be a ray of sunshine.

While I cannot comment on case specifics,  I can say that some advancement is being made on the medical side, as Ron’s original physician is only now re-activating his services to him, but still faces an uphill battle against a  stone-walling industry.

Also, due to many different and serious inquires to the Nevada Governor’s Office, there has been progress toward publicizing Ron’s case fully, exposing it for the utter disgrace it remains.  As it may involve the National media, his case could be re-opened, and the proper medical procedures enacted post haste.  These major corporations do not appreciate black marks against them, as stockholders are already nervous these days.

So, with enough pressure, Ron would immediately receive the attention he needs, and in the proper order,  which is vital in his case.

He is truly disabled, suffering the results of several breaks in his back from a serious fall while at work, then surgical mis-feasance resulting in pieces of metal floating in his back, now invading the surrounding soft tissue, creating intractable pain.

The link to the initial information in this case is a fairly long read, including my post describing the Worker’s Comp System, and the specific details of his case—then, a page of a well kept medical file which further elucidates Ron’s situation.  Again, if any readers have a golden rolodex, please forward this appropriately.

http://www.thedisabilitydigest.com/blog/235/missing-in-action-justice-for-disabled-injured-worker/

We continue to press our efforts towards resolving this unsettling dilemma, as justice should have it.  The overarching reality is: Ron’s case could be your own.  He did not violate any ‘rules’ and was always forthcoming with his medical providers and insurance carrier.  That was pre-surgery.

Today is a different story.

Best to all involved,

Advocate

john at thedisabilitydigest.com

PLEASE READ MY OTHER 2 BLOGS ON THE DIGEST AS WELL. PLEASE VOTE FOR THE WORKERS COMP. INJURED WORKERS BILL OF RIGHTS TO BE PASSED. CA AS WELL AS MANY OTHER STATES ARE TRYING TO PASS THIS BILL. OF COURSE NV WE ARE NO WHERE NEAR CLOSE TO BEING HEARD OF ANY RIGHTS WHAT SO EVER.

ONCE AGAIN I THANK EVERYONE ON THE DIGEST FOR THEIR SUPPORT AND WITH YOUR COMMENTS AS WELL AS YOUR RATINGS IT HELPS FIGHT THE FIGHT.

WORKCOMP1