“It's never been a real friendly place to visit: this is where injured
people wind up when they're fighting for medical care or when there's a
disagreement over how to settle their cases. Workers' compensation laws
can confuse professionals, let alone these neophytes.”
The following description of Workers Compensation in CA is excacty how
Paybilly has found it in Connecticut. When I went to my first
hearing in Middletown, CT the lawyers had a nice private waiting area
with vending machines and the injured workers sat in a hole that
resembled a jail cell. The offices remain a hellhole of
corruption, impoliteness and degradation to steer clear of. I am
willing to concide that there is causation to it all, but it was there
long before I arrived.
The working wounded
This story illustrates how we are hurting injured workers, which is
equivalent to kicking them while they are down. This is about half the
article so to see the whole article click the story SF Gaurdian. I have
personal experience with this and it is real. I saw this on another
blog and had to post it. I will be calling and/or writing the Gov. to
ask him to reform his reforms by saving money from insurance companies
and not injured workers by stopping medical treatments please do the
same.
How Schwarzenegger is saving Wall Street by decimating workers' comp –
a report from the front lines.
IT WAS AN extremely fashionable thing in California politics last year
to rant and rave about the workers' compensation insurance system.
Newly elected governor Arnold Schwarzenegger made it a top discussion
item, and the newspapers followed suit. To many people, it might have
seemed like a bizarre obsession. As a political issue, the arcane
system of laws governing how to treat work-injured people is mind
numbing.
It's true there were real problems with the system. Skyrocketing
insurance rates were hurting businesses, and the insurance companies
were still reeling from 9/11, a slow economy, and the unintended
consequences of California's 1995 deregulation of the industry. And
there was naturally some waste and fraud associated with the massive
state bureaucracy.
Schwarzenegger needed a simpler story. The actor turned pol insisted
the problem was litigation-happy attorneys and the injured workers
themselves – a group he painted as cheats and scammers. Only by
strictly limiting cash payouts to workers and keeping the attorneys at
bay could he right this upside-down program – a system so shaky that
more than 20 insurance carriers had gone belly-up in recent years.
He bullied legislators into passing a reform package just five months
after he took office, and he has since declared victory: "Workers' comp
reform has been a tremendous success," spokesperson Vince Sollitto told
me. Since then, most lawmakers have moved on, occupied with other
political fights.
But the real story behind workers' comp is still unfolding. Just days
after the new law kicked in last April, life began to change
dramatically for injured Californians. Once-routine medical visits were
heavily scrutinized as potential crimes. Insurance companies started
saying no to just about everything – according to doctors, workers, and
attorneys I interviewed – almost as if they were testing the limits of
the new law.
Fighting for care
It was late afternoon, and the plaza near Oakland City Hall bustled
with people walking briskly under a gray midwinter sky. Mike Gerson
emerged from a pair of massive glass doors and sighed. A grimace
appeared on the attorney's weathered face. "You see?" he asked. He'd
been showing me the ropes at the East Bay's main workers' compensation
court, a place where miserable-looking workers sit in a waiting room
for hours while attorneys cut deals in fast-paced, acronym-laden
sessions down the hall.
It's never been a real friendly place to visit: this is where injured
people wind up when they're fighting for medical care or when there's a
disagreement over how to settle their cases. Workers' compensation laws
can confuse professionals, let alone these neophytes.
As of April 2003, there were 3.69 million active cases in the state,
and a million workers file new claims each year. About 200,000 of them
are in the market for an attorney each year. (The state also keeps
statistics on fraud, by the way, which show that only a tiny percentage
of workers are even suspected of gaming the system – along with a
handful of insurance companies, doctors, and attorneys.)
The law – passed last April by the legislature as Schwarzenegger
threatened to bring even more stringent reforms to the ballot – cut
costs in several other ways as well. It limited compensation for lost
wages, gutted the state's job-retraining program, gave insurance
companies the right to strictly manage medical treatment, and – perhaps
most significantly – slashed the amount of money an injured worker can
get to pay for the medical costs that will come with a lifetime of
disability. Rules being promoted by workers' comp chief Andrea Hoch
have made these changes even more severe.
The state hasn't done a study to show how payments for permanent
disability will change, but according to UC Davis researcher Paul
Leigh, those benefits will be cut by as much as 70 percent. A carpal
tunnel syndrome patient he cites would see her payment – meant to cover
medical care for the rest of her life – drop from $116,000 to just
$17,000. Why? Much of this disability is measured in pain, and after
the initial treatment, pain no longer counts. …..
Reform or bailout?
Schwarzenegger has become known as a prodigious and persistent
fundraiser in his short tenure. His top-dollar dinners have generated
almost as much press as his policy proposals. His various committees
have taken in more than $1.2 million from insurance companies,
including at least $560,000 from workers' compensation firms, according
to an analysis by the Santa Monica-based Foundation for Taxpayer and
Consumer Rights (FTCR).
And so far the reforms have been kindest to insurance firms. Financial
reports at the end of 2004 showed they were pulling in dramatically
higher profits – just eight months after the law's passage.
AIG, the largest private carrier in the state, reported $11.05 billion
in profits for 2004 – up 19 percent from 2003. The California
Applicants Attorneys Association, which represents lawyers for injured
workers, reports that this is in spite of a dramatic 1,300 percent
increase in payout by AIG for hurricanes, earthquakes, and tsunamis.
Another one of the big guys, the Zenith National Insurance Co., also
saw income rising. The CAAA's review of Zenith's books shows workers'
comp income shooting up 250 percent, from $29.3 million in 2003 to $104
million last year.
From this perspective, the "reforms" start to look more like a massive
corporate-bailout scheme: keep rates unregulated and give the insurance
companies the right to cut costs any way they can. Some smart investors
may have seen the bonanza coming: billionaire Warren Buffett, one of
Schwarzenegger's top financial policy advisers, opened a new line of
workers' compensation insurance just a few months after the law was
signed, through his company Berkshire Hathaway.
Meanwhile, the cost of insurance has dropped slightly for business
owners – about an average of 16 percent – and prices may come down
again later this month. But many businesses, particularly small
companies or those with high-risk employees, are reporting little to no
change, and some are even seeing rate hikes as insurance companies get
creative with their billing plans.
High costs to businesses were what originally drew the public's
attention. The state insurance commissioner, who has only an advisory
role, had suggested 10-to-20 percent hikes several years in a row, but
some companies reported having to pay hikes of 30 to 50 percent a year
for the past few years. Yet those increases seem mainly due to
deregulation and the high cost of health care in general.
Just as deregulation of the electricity market sparked a
self-destructive path for energy firms, things went sour for insurers
right around the time they convinced legislators to open up the
workers' comp market. After the deregulation law kicked in, companies
underbid each other in a frenzied customer grab. With health and legal
costs rising, company reserves dwindled – even as worker injury rates
declined. When the national economy tanked, the remaining financial
cushion was deflated. Those that stayed solvent did so by charging ever
higher rates.
"It's a cycle that we see in the insurance industry just about every
decade," FTCR executive director Doug Heller explained. He said the
insurance companies sunk themselves. "The economy goes south, stock
prices are down, and bonds are devalued. When that happens, investment
income declines. So they tighten their belts – or tighten the noose
around policy holders."
No surprise there. After all, this is the insurance industry we're
talking about, the same field targeted by New York attorney general
Eliot Spitzer in a wide-ranging corruption probe. One of Spitzer's top
targets is AIG, which is accused of inflating profits in a deal cut
with Buffett's Berkshire Hathaway.
Squeezing workers
I was shocked the first time I heard a story about someone made
homeless by a work-related injury: I had always, perhaps naively,
believed the system had an obligation to workers who'd hurt themselves
on the job. But as I interviewed more and more people for this story, I
heard too many tales of homelessness, bankruptcy, and even suicide.
One man I spoke to has a Ph.D. from the Massachusetts Institute of
Technology, yet a debilitating RSI in his arms has left him emotionally
and physically worn and unable to earn money in his field. "I've been
totally devastated by this," he told me. "I was homeless for a while. I
lost pretty much everything you can lose."
That wasn't what Gov. Hiram Johnson had in mind for us when he called
on California to create a workers' comp insurance system after he took
office in 1911, though Johnson was looking out for business at least as
much as for injured workers. ….
The thing about an injury that comes from your work is that it's
all-consuming in its devastation. If you love what you do, your wounds
divide you from your passion. And it's hard to feel good about yourself
when you can't live up to your potential. If you are working to put
food on the table, as most of us are, the anxiety attendant on
work-related pain is a constant. …..
Several surgeries and court appearances later, Harlan has a
stomach-grinding $40,000 debt on the credit cards she's used to support
herself while the insurance company delays her health care.
As with most work-injured people I spoke with, this was just one of
many stories Harlan has about the challenges of the system. She's had
problems stemming from an insurance industry merger, dealt with bizarre
questioning about her prior health history (one insurance
representative implied that because she'd had back pain during
childbirth, she might have a predisposition to pain), and faced off
against the sluglike pace of the state agency that oversees workers'
comp disputes. "We're almost two years behind in my treatment because
of the court delays," she told me.
...profession is under attack by Schwarzenegger, who says chiropractors
and acupuncturists in particular are wont to overtreat. But that's a
tough call: the alternative is to use painkillers, which are more
easily approved but often have lingering nasty side effects.
....by refusing to treat pain, and by limiting care for chronic
injuries, the Schwarzenegger law is actually making injuries worse.
"Trauma initiates chronic degenerative changes. [But now] health care
is limited to functional restorations. Not pain, or tingling....
There's a denial that once a joint has been injured, it changes over
time, so the idea is that over the years there's less reason to treat.
In fact, there's more reason to treat."
....... "They don't want to pay for anything they call maintenance;
they want to treat to cure. They're basing this on an old 19th-century
model of a guy who got his hand caught in a machine, and we have to pay
for his prosthesis and we're done with him.... If a person's diabetic,
you don't say to them, 'Well, you've had enough insulin.' "
The frustrating experience of fighting with insurance company medics
has many, including Glassman, opting out of the industry. The new law
kills your right to choose your doctor anyway, leaving patients to
grapple mainly with doctors hired by employers and insurance companies
whose primary interest is in cutting costs.
while there are deep problems within the system, there's a larger
societal issue that needs addressing: "Ultimately, some of it comes
down to not having universal health care that follows you from job to
job." That way you wouldn't have to prove your pain was job-related –
you would just be treated. …..
While it's all sorted out, injured people will still need support, and
the already overtaxed county hospitals and social welfare systems will
have to bear some of the burden – even as they themselves are under
assault. With the shredding of the safety net in full effect, what was
once a financial muddle for a handful of insurance companies will
become a crisis of far grander proportions: an injured public, without
access to health care or a way to pay for a roof over their heads.
"It's part of the Grover Norquist program – returning to the days of
Dickens, essentially," Lee Worden, a 35-year-old with a decade-old RSI,
told me. (Norquist is a conservative policy strategist and a
Schwarzenegger ally.) "You can't look at this separately from the
dismantling of the safety net. Pretty soon we'll have a direct path
from white-collar employment to workers' comp to the streets. It's not
really shifting the burden to programs like G.A. [General Assistance]. It's sinking all boats at once."