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Thread Title: A Poll: What do you find most egregious about WC?
Created On Monday December 04, 2006 3:10 AM


art...
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Monday December 04, 2006 3:10 AM

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Pretty much what it says. Please number/itemize your pet peeves, major issues as in the example below.

Please keep it short and to the point and minimize the editorializing. Numbered/prioritized lists would be appreciated.

E.g.:

1) 104 wk cap on TTD.

2) Current PD rates under the AME guides.

3) Apportionment.

4) Delays in getting Hearings.

5) Non-responsive AA's.

6) Arbitrary/fixed cap on PT/OT/Chiro.

7) UR.

8) Etc, etc, etc...

9) Ex post facto application of ACOEM to tx rendered years ago.

10) Your pet peeve?

ad nauseum...

ad infinium...

Just an informal poll.

Indulge me por favor.

Thanks...

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stewshe@comcast.net
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Monday December 04, 2006 12:37 PM

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art,

3:10 am on a Monday?

Up late....or early?

To digress to your question, I'd say the unnecessary suffering by injured workers over treatment delays caused by UR...frequently when the UR people are only given the tail of the elephant to look at and then asked what size shoes would be reasonable?

I'd post more, but I have to pick up a dozen or so phone messages!

-------------------------
 Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

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steve appell
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Monday December 04, 2006 2:18 PM

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1: unnecessary continuances
2: top sheeting
3: not being prepared
4: apathy

2+3+4 really does = 1

-------------------------
 Steve

A government which robs Peter to pay Paul can always depend on the support of Paul.
- George Bernard Shaw

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laesquire
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Tuesday December 19, 2006 10:35 AM

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1. Most Californians think SB 899 was a great reform particularly to benefit the injured worker.

2. SB 899 Permanent Disability money.

3. Apportiontment.

4. The 104 week limit on T.T.D.

5 U.R denies pretty much everything.

6. Record profits by the workers compensation insurance companies.



-------------------------
 Any posting herein is NOT legal advice. It also does NOT create and attorney-client- relationship.

Edited: Tuesday December 19, 2006 at 10:36 AM by laesquire

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Chirple@earthlink.net
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Saturday May 05, 2007 12:42 AM

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A late entry to the poll:

- 104 cap on TTD (arbitrary)

- Presumptions for "special" workers, and not others

- prophylactic work restrictions: look either you can do heavy lifting or not. If you 'really shouldn't, but you could if necessary' then it's not a work restriction. Come on.

- previous gaps in the fee schedule, al la pharmaceuticals, surgery centers, 'repackaged' pharmaceuticals. Today I had a peek at a pharmacy bill for Hydrocodone/APAP 5/325 (Generic for Norco). The bill was for $892 for 100 tablets. I buy the same Rx for myself at Costco for <$40 (that's NOT a co-pay, that's full cost) Now, sure pharmacies should be able to make a fair profit, and they have significant overhead in trying to collect, and they stick their heads out supplying on liens for denied cases, but 20 x the retail cost!!? Come on.

- PD is too low for catastrophic injuries, and too high for subjective complaints. AMA is not a good answer to that problem. Take the poor worker who as 100% PD just 10 years ago, at say age 40. He's now 50 getting max of $490 a week. Even with SSDI, he can't live a paupers existence on that. In another 15 years he'll be homeless, if he's not already.

- UR (as applied) based on ACOEM!!!! GGGGGRRRRRRR

- Judges who wont make a decision, take a case under submission, or constantly continue a case because they don't want to do either!

OMG I could go on.


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jonbrissman@verizon.net
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Thursday August 16, 2007 8:17 PM

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Another late entry:

Wasted time at the WCAB district offices due to my adversary's unpreparedness. How often I hear "I need to review my file", or "I need a continuance because I didn't get the bill review that my client promised me", or "I haven't spoken to this adjuster yet", or "All the adjusters are in a meeting but I can call again in an hour" or some other explanation of why nothing can be accomplished right now.

Maybe someone should start a thread just listing lame excuses. Everyone who appears regularly at the WCAB has heard some.

I really appreciate the attorneys who arrive with knowledge of the file and the issues presented, and have a clear idea of what they hope to accomplish.

JCB

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stewshe@comcast.net
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Friday August 17, 2007 5:48 AM

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jonbris,

You posted,
<<
Maybe someone should start a thread just listing lame excuses.
>>

#1: "I'm sorry, but I just had part of this file faxed to my office this morning and ...."

This is supposed to justify a continuance? Why? The party doing the faxing could have done so weeks or months ago! If they caused the problem, why should they be allowed a continuance?

Due process? What about due process for the moving party....or am I preaching to the choir?

-------------------------
 Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

Prices INCLUDE sales tax, and shipping.

James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

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Jpod
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Friday August 17, 2007 4:00 PM

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I had a case once where after multiple AME reports the WCJ decided he would order an IME to review the AME reports and answer some specific questions the WCJ had. The IME wrote a report that was typed on differrent word processors (evident from the different font types in the report) never addressed any of the questions posed by the WCJ, and generally a waste of time and very unhelpful to the parties. So the IME's depo was set.

The day before the depo the IME called the defense attorney and said he "...would have an emergency tomorrow, and therefore would not be able to attend the depo..."

Mind you, the emergency had yet to occur, but apparently it was scheduled to occur just before the depo.




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