West Virginia has workers’ comp problems on two fronts
More claims filed from Menard facility; Illinois lawmakers must return for special session
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The West Virginia workers’ comp program is back in the news.
Daily Mail questions state agencies’ loss ratios
We’ve covered their significant problems concerning volunteer fire departments and homeowners they serve–which is ongoing, as we’ll see in following discussion. But now a report from the Charleston Daily Mail finds problems with the state’s military affairs and public safety agency:
Among three of the largest agencies in state government — military affairs and public safety, health and human resources, and transportation — military affairs and public safety racked up the worst workers’ compensation record over the past five years.
A Daily Mail analysis of data provided by the state Offices of the Insurance Commissioner shows that from 2006 to 2010 the Department of Military Affairs and Public Safety paid workers’ compensation insurance premiums totaling $18.4 million and had claims that cost $10.8 million.
That’s a loss ratio of .586, which means that for every dollar in premiums collected, nearly 59 cents was paid out for lost time and/or medical expenses. That ratio is destined to get worse because some recent accidents inevitably cost more over time as some workers incur additional medical expenses or are unable to return to work.
Best record cited
The story lists several agencies with millions in premiums and millions in claims but cites the Division of Criminal Justice Services as having “the best record in the division, paying $19,619 in premiums while incurring claims that cost only $584 during the five-year period.”
Volunteer fire department revoked–must start over due to lack of coverage
As we wrote in November 2010, lack of workers’ comp coverage for West Virginia’s volunteer fire departments could result in either in higher costs to community homeowners via VFD membership hikes or through much larger homeowners’ insurance premiums. It’s a big deal for the Mountain State because most fire departments are VFDs–the state has very few full-time, “regular” outfits.
One of the VFDs, the Big Wheeling Creek VFD of Marshall County, was shut down in February but hopes have rekindled for it resurrection. From a June 15 piece in The Intelligencer/Wheeling News-Register:
Out of operation since February, the future of the Big Wheeling Creek Volunteer Fire Department will be announced Thursday.
The department was taken out of service in February by the West Virginia State Fire Marshal’s Office for failure to provide workers’ compensation for its volunteer members.
The lack of coverage was found after an audit of Big Wheeling Creek’s department showed it had not paid for the benefits for several months. Providing such benefits is required by the state fire marshal in all volunteer departments.
A June 16 article from The State Journal says the VFD will have to be reorganized:
Along Big Wheeling Creek in Marshall County, they are looking for new people to start a new fire department.
After the cease and desist order the former department received earlier this spring, the State Fire Commission made it official this week and revoked their certification.
In the meantime, fires in the area have been handled by neighboring departments: Stone Church, Dallas, Mozart and Mount Olivet.
Officials are grateful for those departments stepping into the breach, but they said they need a new department and new people to run it.
Illinois still grappling with systemic flaws
Meanwhile, drama continues unabated in Illinois’ scandal-ridden workers’ comp program, which has been the subject of an intense, partisan battle for reform.
According to this June 16 account, “Republican lawmakers told local business leaders Thursday that the spring legislative session in Springfield featured a welcomed smattering of bipartisanship but left unfinished two issues critical to Illinois employers: workers compensation reform and the capital bill.”
Rep. [Dan Brady, R-Bloomington] also said he was disappointed in the outcome of efforts to reform the state’s workers comp system — often Exhibit A in descriptions of Illinois as unfriendly to businesses.
The overhaul passed last month would reduce medical fees by 30 percent, saving companies at least $500 million, and allows employers to organize medical networks for handling cases.
But Brady said the final bill, now awaiting the governor’s signature, didn’t address what’s called “primary causation,” which would essentially raise the burden-of-proof threshold for workplace liability. The overhaul added American Medical Association guidelines to state law to help determine impairment, but Brady said the guidelines ended up too “watered down.”
News-Democrat reveals 2011 claims from correctional facility
Part of the scandal, much of it revealed by reportage of the Belleville News-Democrat (BND.com), has involved the amount of workers’ comp claims from the Menard Correctional Center, many from guards’ claiming repetitive stress injury stemming from operating cell locks but also including a claim by the warden. A June 12 BND.com piece says the claims have continued into 2011:
Despite ongoing criminal investigations focusing on hundreds of workers’ compensation cases from the Menard Correctional Center, guards and other employees there have filed 59 new injury claims since January.
Of the new cases, 28 claim damage from repetitive trauma, including five for a seldom-claimed type of injury: tarsal tunnel syndrome. Claimants say this repetitive trauma syndrome affects their feet and is caused by walking or standing on the prison’s concrete and cement floors.
Victims complain of pain in a foot or ankle that sometimes radiates up their leg and makes standing difficult. Surgery is a remedy, as it is for the commonly claimed carpal and cubital tunnel syndromes that affect the wrists and elbows.
According to the story, workers’ comp claims at other similar facilities are much lower than they are at Menard.
We can help you find an attorney
Frequently enough, a worker’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:
