AIA: Applicant Attorneys Workers’ Comp Study is Flawed

December 23, 2004

  • December 28, 2004 at 3:48 am
    Bryan Shrier CWCI Commissioner says:
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    Lawyers do not get paid unless there is settlement, I am a good friend of former Governer Pete Wilson and present fellow Austrian, Arnold who say that Lawyers and corrupt doctors insist for workers who can return to work to stay home and holdout for settlement, employers should deny employment to workers who holdout for settlements from previous employers.

  • December 28, 2004 at 4:08 am
    Thomas J. Butts says:
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    Mr. Shrier:

    I take from your answer that you must follow the Golden Rule: Those who have the Gold rule.

    Why keep an injured worker who has a legitimate injury from returning to work if the insurance company is not willing to pay the proper compensation for that injury. I get it, you want to starve the injured workers into getting nothing. From what I have seen from your good friends, who have taken thousands from the insurance companies, and how they are destroying benefits to legitimate workers, this appears to be what they want to do also. I hope you, your friends and families are never so unfortunate to suffer a work injury.

  • December 28, 2004 at 4:47 am
    James Moore says:
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    The study was flawed as the cases were not randomly selected. Who hired the researcher? I am not talking about comparing the scheduled injuries, but the data that was derived. Also, the conclusion to a study should NEVER have an emotional statement in it as this study possessed. I am looking at it from the statistician angle ONLY.

  • December 29, 2004 at 5:18 am
    Jane Doe says:
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    As an applicant’s attorney I see capriciously denied medical treatment, insurance companies that deny they received court orders so that they can delay making payments, and doctors that find apportionment to pathology where no disability previously existed. If a worker does not return to work after the doctor releases him(her), he gets $185 per week maximum for injury dates thru 2004 whether there is a settlement or not. I do not know anyone who can live on that amount. I do not get paid a dime until a judge signs an order approving a stipulated award or a compromise and release. That happens whether my client returns to work or not. I don’t know who you people are, but you do not know how worker’s compensation happens from the worker’s side. Not all injuries are fraudulent and the applicant attorneys involved do not “loot” the system any more than the insurance company attorneys that bill for sending me notices I also get directly from the court or insurance adjusters that get new doctors’ reports until they find one who will say that there is no industrial injury even though several doctors have already said it exists. Finally, of course the permanent disability ratings will go down. That is the whole point of revising them. And the AIA person is lying when he/she says the legislature intended the result it got. No one even had time to read the bill before voting. There are too many mistakes in it to believe it was carefully done.

  • January 2, 2005 at 12:44 pm
    s white says:
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    Let’s clarify for the record:

    Why would an applicant’s attorney encourage an injured worker to stay off? Why would an injured worker go without treatment under the new reform? Ignorance perhaps?

    New reform allows for an injured worker to receive treatment up to 10k on aoe/coe(delayed/questionable)and requires that employers/Insurance carriers authorize/pay for the treatment up to 10k or until a decision has been reached.

    Applicant’s atty fees are paid by a percentage only & out of the permanent disability not the temporary disability, therefore, the time the injured worker is off on disability has no impact on the case value or the applicant’s atty’s fees.

    Aside from the injured worker the other party benefiting from the extended medical care is the physician for obvious reasons & last but not least
    Medical treatment is provided until condition is stable or maximum level of recovery is reached by the injured worker, which means the injured worker should be then returned to work to usual & customary or with work restrictions. Injured workers however could be released to return to work whether modified or restricted and yet continue treatment until the injured workers attains maximum level of recovery. If released modified, then ttd stops and wage loss may apply. Once injured worker(s) is discharged from care, the permanent disability will be determined by the doctor and the value of the case is assessed and the applicant’s atty’s fee comes out of the case value or out of the permanent disability.

  • January 2, 2005 at 12:44 pm
    s white says:
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    Let’s clarify for the record:

    Why would an applicant’s attorney encourage an injured worker to stay off? Why would an injured worker go without treatment under the new reform? Ignorance perhaps?

    New reform allows for an injured worker to receive treatment up to 10k on aoe/coe(delayed/questionable)and requires that employers/Insurance carriers authorize/pay for the treatment up to 10k or until a decision has been reached.

    Applicant’s atty fees are paid by a percentage only & out of the permanent disability not the temporary disability, therefore, the time the injured worker is off on disability has no impact on the case value or the applicant’s atty’s fees.

    Aside from the injured worker the other party benefiting from the extended medical care is the physician for obvious reasons & last but not least
    Medical treatment is provided until condition is stable or maximum level of recovery is reached by the injured worker, which means the injured worker should be then returned to work to usual & customary or with work restrictions. Injured workers however could be released to return to work whether modified or restricted and yet continue treatment until the injured workers attains maximum level of recovery. If released modified, then ttd stops and wage loss may apply. Once injured worker(s) is discharged from care, the permanent disability will be determined by the doctor and the value of the case is assessed and the applicant’s atty’s fee comes out of the case value or out of the permanent disability.

  • January 1, 2005 at 6:39 am
    Guillermo A Cornejo says:
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    First, becoming industrially disabled is at a minimum both a physical and a mentally devastating event for a taxpayer. Except for less than 5% of cases, injured workers are not trying to exploit a Schwarzetonto sanctioned system that allows insurers to collect from employers WC premiums to deliver criminalized shortchanged benefits. In my case, the employer hired two detectives to collect images intended to flaw my lower back injury claim to deny AMA mandated surgery; however after spending $ 10,000 of detective work both detectives and employer failed. When trying to engage my State representative showing him proof of how they tried to criminakize my case. my representative ignored my pleas. Thank you Shwarzetonto for making it easy for indentured WC insurer criminals to rip off taxpayers.

  • September 15, 2005 at 4:45 am
    Bryan Shrier CWCI Commissioner says:
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    The Attorney’s send applicants to doctor’s that encourage and promote long disability and later a permanent status to insure settlement, again lawyer’s do not get paid unless there is a settlement and 80% of immigrant worker’s result in pay off and permanent disability, pretending to be in pain is easy resulting in all employer’s that must pay higher premiums.



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