AIA: Applicant Attorneys Workers’ Comp Study is Flawed

December 23, 2004

  • December 24, 2004 at 2:06 am
    Thomas J. Butts says:
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    If the study is flawed then post what you believe to be correct ratings and show exactly where the mistakes are. Otherwise, your comments are nothing more than hot air and useless in any discussion. Where is your evidence to show that there is no reduction in the benefits that will be paid to injured workers for their permanent disability as a result of the change in the permanent disability rating schedule.

    If you are right, then this should be easy to do. Take 10 different permanent disabilities that can be easily rated under both systems. Rate them out and I assure you that the proposed new system will result in a drastic cut in the monetary benefits that are to be paid to the injured worker. If that is not the case, you can publish the results and prove your statements.

  • December 24, 2004 at 2:18 am
    Thomas J. Butts says:
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    What are you talking about with a comment of “Looting by Lawyers/Attorneys”?

    Is it that all lawyers/attorneys are commiting fraud? Or all injured workers are frauds? Start backing up your statments with actual evidence of the amount of fraud in the system. While your at it include the fraud committed by employers who commit premium fraud, fraud against the injured worker by denying legitimate claims, fraud by the insurance carriers who deny legitimate claims and delay and deny treatment and benefits to legitimatly injured workers. Stop making anecdotal statements without providing the facts to back it up. Prove your case!!

  • December 23, 2004 at 3:26 am
    country bumpkin says:
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    I’m shocked! Who could believe such a thing

  • December 23, 2004 at 4:21 am
    Bryan Shrier CWCI Commissioner says:
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    Lawyers do not get paid in any way unless there is a settlement and worker’s want settlements, later go on to commit fraud with another employer.

  • December 24, 2004 at 11:39 am
    James Moore says:
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    Evidence? The article takes care of most of the assertions. In the original study, the researcher concludes the data analysis with an emotional plea. I have performed hundreds of statistical studies and have never used an emotional plea as the result of a study. A statistical study puts forth the data, and lets the reader draw their own emotional conclusions. The study’s Thesis Statement in itself and the conclusion were flawed due to an emotional bias. Please consult any book on the scientific method for further explanation.

  • December 27, 2004 at 5:14 am
    Bryan Shrier CWCI Commissioner says:
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    Injured workers are instructed by there lawyers not to return to work and hold out for settlement, lawyers only get paid if there is a settlement and paid nothing if worker returns to work.

  • December 28, 2004 at 11:20 am
    Thomas J. Butts says:
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    It is a shame you do not understand that Permanent Disability (PD) is paid whether one returns to work or not. It is not necessary for an injured worker to continue off work in order to get PD. Once a doctor states the injured worker is no longer totally temporarily disabled, the only money the injured worker is going to receive is permanent disability advances which are $250/week unless one is totally permanently disabled (100%). An injured worker is better served by returning to work, if the employer will let him, than to stay off work hoping for more money in settlement.

  • December 28, 2004 at 11:26 am
    Thomas J. Butts says:
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    I re-read the article and I don’t see any ratings comparison listed. I see remarks by an AIA spokesman, but this does not provide evidence to show the statistics provided were wrong.
    Your concern about the emotional plea does not mean that the information is wrong. Show us where it is wrong!!

  • December 28, 2004 at 1:09 am
    Bryan Shrier CWCI Commissioner says:
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    Need more be said ?????

  • December 28, 2004 at 1:45 am
    Thomas J. Butts says:
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    Yes, show me and others where I am wrong. Because I represent injured workers does not mean that what I have said is wrong.

    I ask you directly. If it was you, your wife or child that was injured on the job, would you want them to be evaluated under the system that is being proposed? Just look at the schedules and show me where they would get more or even the same amount of compensation for an injury that caused them to lose all the fingers on one hand, suffered the total loss of hearing, suffered a back injury that resulted in an unsuccessful surgery which has left them with unremitting pain for the rest of their life.

    Don’t kill the messenger because you don’t like the message, deal with it!!



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