Cries of ‘lies’ over workers’ comp charge campaigns in two states
We’ve seen workers’ comp issues become political footballs, but usually in states facing some sort of change in the system. California, Colorado, Oklahoma and Washington state come to mind.
However, in the West Virginia race that will determine the elected successor to Sen. Robert Byrd, workers’ comp has emerged as a hot topic, as seen at this Oct.28 post on huntingtonnews.net: “Governor Joe Manchin’s negative attack ads on John Raese’s Greer Industries continues, despite a cease and desist letter being lodged by Greer Industries. The ads have claimed that Greer Industries hasn’t paid their Workers’ Comp payments, a statement that has been proven false by the Manchin Administration’s own Workers Comp records as well as Greer’s own records.
“Manchin’s ads have proven to be one of the more controversial aspects of his campaign, as the Governor has come under fire for attacking a respected West Virginia business during a recession.”
Candidates square off
Manchin, a Democrat, with “an approval rating of almost 70%, seemed like a lock to replace Byrd. But the race has increasingly turned into a referendum on President Obama, who has a 69% disapproval rating in West Virginia, according to polling firm Rasmussen,” says this IBD post.
Raese is a co-owner of Greer Industries, which comprises “steel, lime and asphalt companies — along with Seneca Caverns, the Pikewood National Golf Club and several media operations, including The Dominion Post,” according, oddly enough, to a re-post of an article from…The Dominion Post, which explains action from earlier in the campaign: “Greer Industries involved itself in the John Raese-Joe Manchin race for the U.S. Senate on Tuesday afternoon [Sep. 28], announcing it will be sending a letter to the employees of Greer and related companies regarding Manchin campaign ads.”
Greer fires back
The article mentions mine safety issues and that Greer has ” ‘repeatedly failed to pay workers’ compensation.’ These ads,” says a Greer press release, “are misleading at best and are at worst, with regard to certain facts, untrue, false and defamatory.”
Then, deep in the story, more details about the response to allegations of unpaid worker’s comp premiums:
A footnote in the Manchin ad notes that the workers’ compensation issue stems from a July 1999 Associated Press article. The ads say “Raese’s companies have repeatedly failed to pay workers’ compensation.”
Gwynne notes that the actual story doesn’t use the words “companies” or “repeatedly.”
“Moreover,” Gwynne wrote, “the payment mentioned in the story or the article was either a reporting error or the failure of the Workers’ Compensation Fund to appropriately bill our companies. Our companies have always been in good standing with the Workers’ Compensation Fund, and none of our employees have ever been deprived of the benefits or protections of the Workers’ Compensation Act.”
Did L&I withhold info to affect I-1082 vote?
As regular readers know, we’ve been following the I-1082 debate in Washington State.
Supporters of the initiative are upset over information gleaned from a public records request that they believe proves officials of the state’s Department of Labor and Industries lied to legislators about the costs employers will have for worker’s comp coverage in 2011.
According to an Oct. 27 piece in the Kitsap Peninsula Business Journal, “A public records request by Senator Janéa Holmquist (R-Moses Lake) and Representative Cary Condotta (R-Wenatchee) has revealed officials with the state Department of Labor & Industries (L&I) lied to lawmakers about the workers’ compensation rates employers will pay for 2011.”
Washington’s unique status
In earlier pieces, the Business Journal has described I-1082 as a measure that would not only end a state monopoly on issuing workers comp insurance but also would end “Washington’s unique status as the only state in the nation that forces workers to pay a portion of workers’ comp.”
In the Oct. 27 article, the narrative continues: “The business community supporting Initiative 1082 cried foul, arguing L&I is playing politics on the public’s dime by breaking with the agency’s long-standing tradition of providing employers with the workers’ comp rates they will pay the upcoming year on the eve of an election in which voters will have the opportunity to end L&I’s monopoly on workers’ comp. Business owners rely on the information to plan their company’s budget.”
In other words, it looks as though the agency that stands to lose a monopoly refused to provide information it had in order to influence the election.
Another Oct. 27 article, in The Seattle Times, serves up this racy passage: ” ‘Obviously Labor & Industries has known for months what the indicated rate is for 2011,’ said Patrick Connor, who directs the campaign for I-1082. ‘These new documents prove it.’
“He added, ‘L&I has been caught red-handed lying to the Legislature, and the only explanation is they are desperate to hide the indicated rate because it shows what we’ve said all along — a massive tax hike is coming.’ ”
Automatic hike for biz if workers contributions removed
The Times also provides some background, saying “If I-1082 passes, businesses would see an automatic rate hike because employees would no longer be required to contribute a portion of their workers’ compensation premiums. The employee portion that would be shifted to employers accounts for, on average, 18 percent of this year’s premiums.
L&I announced in September it would wait to propose a 2011 rate until after the election.
“Although the agency historically has proposed rates for the upcoming year in September, it’s not legally required to do so.”
It’s an interesting–and complex–situation, and one that we will continue to follow.
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Frequently enough, a workmen’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:
