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"There
is nothing that the law or any
legislator or attorney can do to make your life whole again in the
Connecticut
Workers Compensation system from a job related injury.
There
is no system here in CT to enable us to
say you are 100% whole again".
"It
is terrible, IT STINKS, that the
workers compensation law cannot make injured workers whole"
"Workers
Compensation is a Judicial System
- the Commissioners are Judges" Representative
Melissa Olson(2009)
The
replacement of the constitutional right to access to
the courts was the workers' compensation scheme. It was supposed to be
a fast,
sure and adequate benefit replacement. It is neither fast, nor sure,
nor adequate.
It hasn't been so since the Report of the National Commission on State
Workers'
Compensation Laws said so in unanimous agreement in 1972.
“Construing
the Workers Compensation Act liberally advances its underlying purpose,
i.e.,
to provide financial protection to the claimant and his family.
Laliberte v.
United Sec., Inc. (2002) CT Supreme Court 801 A.2d 783, 261 Conn. 181.”
The
present Workers
Compensation system is depraved indifference! Depraved
Indifference Woeppl
(2008)
The
Report of the National Commission on State Workers' Compensation Laws
said so
in unanimous agreement in 1972. The
Congress finds the following:
(1) The
full protection of American
workers from job-related injury or death requires an adequate, prompt,
and
equitable system of workers' compensation as well as an effective
program of
occupational health and safety regulation.
(2) The
vast majority of American
workers and their families are dependent on workers' compensation for
their
basic economic security in the event such workers suffer injury or
death in the
course of employment.
(3) In
1972, the National Commission
on State Workmen's Compensation Laws found that the system of State
workers'
compensation laws was `inequitable and inadequate'. Since that time,
changes in
reductions in State workers' compensation laws have increased the
inadequacy
and inequitable levels of workers' compensation benefits.
Serious
questions exist concerning
the fairness and adequacy of present workers' compensation laws.
Are
You Sick & Tired Of
Rampant Insurer Fraud That Goes Unchecked?
Judges who
ignore it!
Legislators
who condone it!
Insurance
Commissioners who closes their eyes to it!
Attorneys
who look the other way while their clients are victimized by
it!
The type
of fraud that destroys and ruins the lives of injured workers
and their families!
Where
in the Workers Compensation Statute does is say:
1.)
Commissioners may
make formal decisions to
terminate employee benefits over the telephone to unrepresented
employees?
2.)
Commissioners
may disregard the statutory law of the treating physician to determine
reasonable and necessary medical treatment?
3.)
Commissioner
my terminate benefits at an informal hearing without raising by
employer and
while the employee is unrepresented and the employer is represented?
4.)
Commissioners
may determine “scientifically approved treatment”?
(Commissioners operate in an
Administrative
Agency, but they see themselves as Judges,
Doctors
and now Scientists.)
5.)
Only
one injury may be treated at a time and the employer gets to choose?
6.)
Employees must submit to surveillance and
depositions?
7.)
Commissioners may determine reasonable and
necessary medical care.
8.)
Commissioners may determine curative and
palliative care.
292
Connecticut residents with
work-related upper extremity musculoskeletal disorders were
identified.
Of the 292, only 31 (10.6%) had filed a worker’s compensation
claim. Of
the 31 cases, only 23 cases (7.9% of the 292) were accepted by the
insurer. Sixty percent of cases were primary wage earners.
Another
13% had been the primary wage earner prior to the injury.
Twenty-one
(7.2%) reported job loss due to their condition. The study
concludes that
almost 90% of the work-related musculoskeletal disorders are not
reported to
workers’ compensation. Ref. Depraved Indifference
Patrice Woeppl
(2008) If you even think you cared about something
before and
did nothing, read this book now.
We,
the Injured Workers across the nation contend the
following iniquities of the Workers' Compensation System.
The
Workers Compensation System;
a.
delays
timely diagnosis and medical
treatment and approval of such treatment
within the time frame set by existing laws.
b.
delays
timely automatic benefits
within the time frame set by existing law
c.
often
obtains medical as well as
personal information on injured workers which has no pertinence to the
claim
and serves no necessary purpose in resolving the claim, but rather is
used as a
tactic to deter and frighten claimants out of litigation and into
unfair
settlement.
d.
prolongs
litigation, knowing the
compensations courts are overloaded with cases, causing further severe
psychological, physical and financial damage to the claimants, in hopes
of
pushing claimants into premature and unfair settlement.
e.
makes
fraudulent charges against
many claimants in order to intimidate them and to avoid having to medically or financially
compensate
claimants.
f.
consistently
cuts and denies
benefits in order to starve claimants out and force their acceptance of
inadequate, unfair settlements and shifts the burden of responsibility
for
permanently disabled injured.
We
need a Commission for Injured Workers to assure proper application of
the
current law.
Workers
Compensation organization is the unconstitutional
4th branch of government.
Former
Commissioner Michael Miles 2010 testimonysaid the
1997 workers compensation directive would have given injured workers
all the
necessary medical treatment needed, such as no delays caused by denial
of
treatments for the same injury, if the directive had been followed in
the past
10 years.
Commissioners
act like judges and consider them more knowledgeable than treating
physicians.
We
need to rein in the assumed authority of Workers
Compensation Commissioners and denial of our due process rights as
citizens.
This
Commission will carry the charge of
evaluating
Connecticut workers’ compensation laws
in
order to determine if these laws
provide an adequate, prompt,
and equitable system of
compensation and medical care for injury or death
arising out of or in the course of
employment. It will also assess whether additional remedies should
be available to ensure prompt
and good faith payment
of benefits and medical care to injured workers and their families.
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