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I have worked with Vocational Rehabilitation in two states now. Vocational Rehabilitation paid for 3 masters degrees in seminary, and equipment as well in Louisiana. The counselor was proactive in getting me help to finish school. I was able to do 3 degrees because of how I took my classes, working on all of them at the same time, while waiting for some that I needed to be offered again. As it came up, I didn't have work until the end of the semester when I received my Master of Divinity in Psychology and Counseling. In the next semester I took classes that allowed me to also graduate with a MACE (Master of Arts in Christian Education - emphasis in social work) and a MAMFC (Master of Arts in Marriage and Family Counseling). Vocational Rehabilitation will bend rules if it sees a good reason. This made me more qualified, though I had almost no job experience other than volunteer and internships. The primary reason for their willingness was that since I would be working for 3 months at least, the case could be successfully closed. Unless the client successfully holds a job for 3 months the federal government doesn't reimburse the state for the money that they spent on that client. That little known/mentioned fact is a big motivator for Vocational Rehabilitation Counselors. If the client doesn't hold that job for at least 3 months as a result of vocational rehabilitation's efforts, they are not reimbursed.
That is true in Alabama as well, and in other states where my counselor has worked as a vocational rehabilitation counselor. When I got the ticket to work papers from SSDI, and the urging to call the number on the paper, I felt a little uneasy. Because I was used to working through Vocational Rehabilitation, the contrast between the number they urged me to call to get work, and the tag "or call Vocational Rehabilitation for an appointment" set off a warning bell for me. I called my counselor, and did have to wait for him to call me back. He asked me if I had called the number that SSDI sent on the form, I told him honestly that I don't trust the government after working with them so long. I wanted to talk to him before doing anything. It turns out that those firms are private businesses trying to find you a handicapped job. You might find the job quicker, and regardless, if you need equipment and services, they will call vocational rehab to foot the bill. As Vocational Rehab has state employees responsible for finding you a handicapped job, they do not get credit for successfully placing you in a job and do not get the funds back from the federal government. As is mentioned in the segment about SSDI, that is a federal program. As such, they try to keep the money in their hands. Depending on how things play out, it is still possible for Vocational Rehab to get some of their money IF due to our changing disability they spend money so that we may continue in the job.
For this reason I strongly urge people to go through Vocational Rehab. Each time the state department spends money and the federal government doesn't reimburse them, they have less money to help us out. It may be someone else affected because of lesser funds available, or it might be you after you get that job. If your disability changes and you need more help to keep the job; the money might not be available. I've been researching this since 1993 when I first got the help. I'm blessed with a counselor who would help no matter the circumstances; but people getting jobs without going through Vocational Rehab limit the funds that he can get approved. He still gets paid; but Les gets steamed about the ones who he cannot help due to government smoke and mirrors.
THERE WAS GOING TO BE A BIG MEDICAL MEDIA STORY WHICH AGAIN IS BEEN PUT ON THE BACK BURNER WHY YOU ASK? THE REASON IS BECAUSE WORKERS COMP MEDICAL HORROR STORIES ISN'T THE SWINE FLUE OR THE STORY WE ALL KEEP HEARING EACH TIME WORKCOMP1 OR INSIDE222 POSTS ANOTHER BLOG.
HOW ABOUT JOHN WOODWORTH OUR VERY OWN DISABILITY DIGEST WEST COAST EDITOR WHO HAS PUBLISHED MANY STORIES ON WORKCOMP1 ON THE DIGEST. THE MEDIA KEEPS AVOIDING THIS STORY JUST AS RON'S LAST STORY AS HIS BLOG WHICH HAS OVER 5,000 VIEWS IN LESS THAN 2 MONTHS TIME.
THE INVESTIGATIVE REPORTER IN LAS VEGAS WHO DID THE LAST STORY ABOUT THE REAL TRUTH ON WORKERS COMP IN NV THAT IT'S ALL ABOUT THE INSURANCE COMPANIES. SO WHY NOT NOW WITH THE HEALTH CARE BILL NV IS THE WOSRT STATE OUT THERE? WHY IS THE MEDIA RUNNING THE OTHER WAY, WHEN HIS DR. IS THE ONLY ONE FIGHTING THE SYSTEM AND SO IS WORKCOMP1.
RON HAS OVER 10,000 VIEWS MORE THAN ANY OTHER DIGEST MEMBER. HE HAS HELPED ME SO MANY TIMES WITH GREAT ADVICE AND HIS BILL OF RIGHTS BLOG HAS HELPED SO MANY OF US ON THE DIGEST THAT WE JUST DON'T SOMETIMES TAKE THE TIME AND RATE HIS BLOGS.
HIS FAMILY IS LOOSING THEIR HOME DUE TO THIS AND HE IS IN WORST SHAPE NOW THEN AFTER THE FIRST SURGERY.
INSIDE222 HAS HAD A BLOG LAST MONTH WITH MORE THAN 2200 VIEWS ABOUT " NOBOBY IN LAS VEGAS WANTS TO INVESTIGATE THE WORKERS COMP SYSTEM" GREAT FEEDBACK WITH SOME NEW MEMBERS LIKE CHRISYM WHO HAS ALSO TRIED CALLING ON RADIO STATIONS ON HIS BEHLAF.
WORKCOMP1 FOR THOSE WHO DON'T KNOW HIM HAS HAD THE WORST TWO YEARS OF MEDICAL PROCEEDCURES AND WORKERS COMP SYSTEM HAS MADE HIS LIVE A LIVING HELL.
I ALSO KNOW HE HAS HELPED MANY OTHER MEMBERS IF YOU LOOK AT HIS PROFILE WORKERS COMP MEMBERS HAVE LOOKED FOR GUIDANCE FROM HIM. HE TRIES TO EDUCATE US AND HELP ANYONE IN NEED OF RIGHTS OR WHO ARE GOING THROUGH THE SAME STRUGGLES GUIDANCE.
I AM ASKING FOR THE MEMBERS TO GO ON AND RATE HIS BLOGS AND THIS ONE SO MAYBE THE MEDIA WILL MAKE IT A PRIORITY. IT'S TIME HIS FAMILY AND HIM GET SOME SALVATION AND SOME GOOD LUCK.
I AM INCLUDING SOME PAST BLOGS OF HIS AS WELL AS INSIDE222 WHERE YOU CAN SEND HIME A MESSAGE AS WELL FOR SUPPORT. IF WE ALL RATE THE BLOG AND WRITE ON BEHALF OF WORKCOMP1 SOMEONE HAS TO LISTEN.
PLEASE GIVE YOUR SUPPORT TO WORKCOMP1. HE HAS HELPED ME AND SO MANY OF US.
THANK YOU,
NEUROSTIMULATOR.
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 hismedical 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 theinjured 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 theinjured 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
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 aninjured 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 theinjured 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 heardinsurance 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
Nevada Worker Compensation System Flaws Detailed BY NV GOVERNMENT
WORKERS COMP INJURED WORKERS BILL OF RIGHTS
WORKCOMP1
After reading about the terrible state of affairs happening in Las Vegas with their Worker's Comp system and reading Workcomp1 (Ron Markowicz's) blog and the tragic circumstances he has been put through by the system, I felt I needed to blog once again about his story and the LACK of effort on the part of investigative journalists not only in Las Vegas, but also in the National Media. I just can't understand why Ron's story has NOT been reported on by any journalist, as this is certainly NEWSWORTHY and would more than likely win a pulitzer prize for the journalist that writes/reports the piece. After reading the story written by George Knapp, which references a lot of the problems Ron has faced in the worker's comp system in Nevada, I am hopeful that Mr. Knapp will report on Ron's case specifically as the groundwork has already been laid and Ron's story will force the Nevadaworker's comp system to be overhauled and changed for the better.
And as in George Knapp's article which you can view at the end of this blog:
I live in California and have been through the Worker's Comp system here and found it to be pretty well managed. Of course, I did not go through any of the problems Mr. Markowicz has faced, but at least I received medical treatments, was compensated in a timely manner, was able to use the Independent Medical Review (to have a State certified Doctor) review my case and see if he found the same disability rating as my treating specialist (as the Insurance Company was trying to settle the claim for a very small amount & I did not agree with that rating).
As with many people here on The Disability Digest, these injustices CANNOT be allowed to continue and the community has to stand up and make a stand against the companies, attorneys, insurance companies, medical practitioners that mis-treat them. You would hope there would be some legal remedy, but in Ron's case it seems that his attorney (that he recently fired was asleep at the wheel)--malpractice, the one surgeon that removed the stimulator device from his back and left metal in his back--(malpractice)...There has been ONE shining light in Ron's story..His first Doctor who has been trying to help Ron get the treatment he needs, yet this Doctor has not been paid by theWorker's Comp system. Sometimes it can take 1 year or more for these Doctors to get paid by this system. What a travesty of justice NV has. Ron's Doctor's name is Dr. Daniel Fabito and should be highly commended and applauded for his efforts and his highly ethical treatment of Ron's case. This is amedical practitioner that more should try to be like as he has the care and well being of his patient in mind and he goes to great lengths to fight the good fight on the patient's behalf. I would recommend that anybody that gets injured on the job would go to this Doctor because he truly cares about his patients. Keep this Doctor in mind if you ever get injured while working inLas Vegas. Here's the Doctor's info:
Comprehensive & Interventional Pain Management
Daniel Fabito MD
AMA Board Certified
www.DrFabito.com
Contact: Info@DrFabito.com
PLEASE EVERYONE RATE THE BLOG, AND SUPPORT WORKCOMP1
Welcome Truth's Light and Make Everything Right for You
-- Guy Finley
After reading about the terrible state of affairs happening in Las Vegas with their Worker's Comp system and reading Workcomp1 (Ron Markowicz's) blog and the tragic circumstances he has been put through by the system, I felt I needed to blog once again about his story and the LACK of effort on the part of investigative journalists not only in Las Vegas, but also in the National Media. I just can't understand why Ron's story has NOT been reported on by any journalist, as this is certainly NEWSWORTHY and would more than likely win a pulitzer prize for the journalist that writes/reports the piece. After reading the story written by George Knapp, which references a lot of the problems Ron has faced in the worker's comp system in Nevada, I am hopeful that Mr. Knapp will report on Ron's case specifically as the groundwork has already been laid and Ron's story will force the Nevada worker's comp system to be overhauled and changed for the better.
And as in George Knapp's article which you can view at the end of this blog:
I live in California and have been through the Worker's Comp system here and found it to be pretty well managed. Of course, I did not go through any of the problems Mr. Markowicz has faced, but at least I received medical treatments, was compensated in a timely manner, was able to use the Independent Medical Review (to have a State certified Doctor) review my case and see if he found the same disability rating as my treating specialist (as the Insurance Company was trying to settle the claim for a very small amount & I did not agree with that rating).
As with many people here on The Disability Digest, these injustices CANNOT be allowed to continue and the community has to stand up and make a stand against the companies, attorneys, insurance companies, medical practitioners that mis-treat them. You would hope there would be some legal remedy, but in Ron's case it seems that his attorney (that he recently fired was asleep at the wheel)--malpractice, the one surgeon that removed the stimulator device from his back and left metal in his back--(malpractice)...There has been ONE shining light in Ron's story..His first Doctor who has been trying to help Ron get the treatment he needs, yet this Doctor has not been paid by the Worker's Comp system. Sometimes it can take 1 year or more for these Doctors to get paid by this system. What a travesty of justice NV has. Ron's Doctor's name is Dr. Daniel Fabito and should be highly commended and applauded for his efforts and his highly ethical treatment of Ron's case. This is a medical practitioner that more should try to be like as he has the care and well being of his patient in mind and he goes to great lengths to fight the good fight on the patient's behalf. I would recommend that anybody that gets injured on the job would go to this Doctor because he truly cares about his patients. Keep this Doctor in mind if you ever get injured while working in Las Vegas. Here's the Doctor's info:
Comprehensive & Interventional Pain Management
Daniel Fabito MD
AMA Board Certified
www.DrFabito.com
Contact: Info@DrFabito.com
George Knapp's story from workcomp1 website:
______________________________________________________________________________________________________
INJURED WORKERS @ A DISADVANTAGE
Workers' Compensation: Injured Workers at Disadvantage
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
Nevada Worker Compensation System Flaws Detailed BY NV GOVERNMENT
WORKERS COMP INJURED WORKERS BILL OF RIGHTS
WORKCOMP1
Keep up the good fight people and please rate this blog. Thanks and take care!!!
inside222
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
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
Nevada Worker Compensation System Flaws Detailed BY NV GOVERNMENT
WORKERS COMP INJURED WORKERS BILL OF RIGHTS
WORKCOMP1
TITLE III AND BARRIER REMOVAL
I would like to discuss today information about Tiltle III and barrier removal as it pertains to disablity.
Title III prohibits discrimination against individuals on the basis of "disability." It requires entities which operate "public accommodations" and "commercial facilities" to design, remove, construct, or alter the building to comply with specific accessibility guidelines issued by the United States Department of Justice (42 U.S.C. § 12101 et seq.)
What is a disability under Tilte III ?, well it is as follows-
The term "disability" is broadly defined. It means one or more of the following:
· A physical or mental impairment that substantially limits one or more of the major life activities of such individuals. Examples include orthopedic, visual, speech and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; mental retardation; emotional illness; and HIV disease (AIDS). (42 U.S.C. § 12102(2)(A).)
There are two types of barriers that can come under title III.
One is a communication barrier, and the other is an architectural barrier.
Architectural barriers of a facility are physical features which prevent physically handicapped persons from having ready access to, and use of, such buildings (42 U.S.C. § 4152).
A communication barrier is one which hinders a handicapped person from mentally interacting with the facility. An example is a facility which has only written signs, none available in Braille, nor a staff member to read the sign aloud. (28 C.F.R. § 36.303(f).)
Public accommodations must remove architectural and communication barriers in existing facilities only where such removal is "readily achievable" (42 U.S.C. § 12182(b)(2)(A)(iv)). The phrase "readily achievable" means "easily accomplishable and able to be carried out without much difficulty or expense" (42 U.S.C. § 12181(9)). For more on determining whether a removal is "readily achievable,"
The following factors are used to determine whether barrier removal is achievable:
· The nature and cost of the action needed;
· The overall financial resources of the facility, the number of persons employed at the facility, and the effect on expenses and resources or the impact of such action (such as safety) upon the operation of the facility;
· The overall financial resources, size in connection with number of employees, type and location of the parent facility; and
· The type of operation(s) of the parent facility, including the composition, structure, and functions of the workforce, and the geographical, administrative, and fiscal relationship of the facility to the parent entity.
(42 U.S.C. § 12181(9).)
Some examples of "readily achievable" barrier removal, as provided by the rules, are:
· Installing ramps,
· Making curb cuts in sidewalks and entrances,
· Repositioning shelves,
· Rearranging tables, chairs, vending machines, display racks, and other furniture,
· Repositioning telephones,
· Adding raised markings on elevator control buttons,
· Installing flashing alarm lights,
· Widening doors,
· Installing offset hinges to widen doorways,
· Eliminating a turnstile or provide an alternative accessible path,
· Installing grab bars in toilet stalls,
· Installing a raised toilet seat,
· Designating accessible parking spaces,
· Installing an accessible paper cup dispenser at an existing inaccessible water fountain, and
· Removing high-pile, low density carpeting.
(28 C.F.R. § 36.304(b).)
Even though this list is not mandatory, public accommodations should still adhere to them as evidence of a good faith attempt with compliance (28 C.F.R. § 36.304(b)).
Many of the information above has been obtained through my association of C.A.R., which is California Association of Realtors.
I am trying to help many in my industry understand the nuances of the many laws pertaining to the disablity act and how it effects everyone involved.
All the best,
Dave
Recently, Joe and I went on a short trip by United airlines. They said to let them know of our special needs once we arrived at the airport and that was the best way to handle our situation. When we arrived we inquired and were offered us more leg room for an extra $95!!
Joe, is obviously paralyzed on one side, but walks with a cane and has difficulty communicating due to a recent stroke. United airlines put us in row 29 where several other disabled people had to struggle to get to their seats way in the back too. We were appalled! Anyone who's ever taken a plane trip knows how narrow the isle is. Yes, they let us board first, but getting down that aisle took a long time & we held up the entire boarding process.
On the connecting flight, Joe was forced to climb up into the plane from the ground!!!!! They knew he was disabled, and they knew we were connecting and made no special way (lift, elevator, etc) for him to get into this plane. The plane was not at any gate and we've never been more humiliated! To watch my poor husband climb up into that plane...
It seems that our rights were violated by United Airlines in several ways. We also want to let everyone know that United Airlines doesn't care about disabled people unless disabled people don't care about paying an extra $95 to be properly accomodated. We're writing a letter to United's President, however, if you know who else we should voice a complaint with about our treatment by United, please let us know. Thanks & fly American Airlines, they're superb.
Joe & Karla