Iliinois workers’ comp reform called bad for injured workers
Judge rules against former Bears; fired arbitrators linger on payroll
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The ‘Bengals’ Situation,’ revisited
We’ve been following the so-called “Bengals Situation,” most recently in this July piece, in which injured, former NFL players file for workers’ comp benefits in California rather than in the home states where their teams were based. California law allows more generous benefits than many other states, and professional players qualify by having played one game in California.
The NFL and team owners have been described as desperate to keep claims in the various teams’ home states, and for the recent negotiations with the players resulted in them retaining the right to seek benefits outside the teams’ home states.
Pair of ex-Bears denied access to Golden State system
However, two former players for the Chicago Bears have been ruled against in their quest for benefits from California. According to a Sept. 28 account at Courthouse News Service, “Three former Chicago Bears players must face an arbitration award entered against them and may not file workers compensation claims in California, a federal judge ruled.
“In 2009 and 2010, former Bears players Michael Haynes, Joe Odom, and Cameron Worrell filed claims for workers’ compensation benefits pursuant to the California Workers’ Compensation Act.
“The Chicago Bears and the NFL filed a grievance, alleging that the players violated their individual contracts by pursuing their claims in California rather than Illinois. The matter proceeded to arbitration, where the arbitrator found that the contracts provided that all workers’ compensation claims be decided pursuant to Illinois law.”
In April, the team and the league filed to enforce the arbitration award; the players association filed to vacate the award.
Judge slams door, keeps issue in Illinois
Ruling in favor of the arbitration findings, U.S. District Judge Elaine Bucklo found the contracts between the team and players to clearly restrict workers’ comp actions to Illinois. ” ‘I am left to wonder why, indeed, we are concerned with the public policy of California,’ Bucklo said, after noting that the Chicago Bears are located in Illinois, the players played football primarily in Illinois, and that the contracts were signed in Illinois and contain an exclusive Illinois choice-of forum provision.”
Workers’ Comp Commission scandal
Another story we’ve been following is the scandal within the Illinois’ workers’ comp system itself. The Belleville News Democrat (BND) has reported a series of articles and editorials about the numerous problems within the Illinois Workers Compensation Commission. Hearings have been held, investigations launched, employees suspended and even fired.
Fired arbitrators still getting checks weeks after getting canned
Our latest post concerned yet another questionable situation at the Menard Correctional Facility, and BND reported in September that 30 arbitrators who were fired in July remained on the job, collecting paychecks:
“The Illinois Workers’ Compensation Commission arbitrators fired July 1 remain on the job under a provision in the new law and continue to draw a paycheck.
“Despite their terms ending, the 30 arbitrators are on the state’s payroll, continuing to serve until their successors are appointed, including John Dibble, the arbitrator who oversaw a majority of the repetitive trauma claims at Menard Correctional Center.
“Dibble, of Freeburg, was placed on leave on Feb. 15 after the News-Democrat reported he received a $48,790 settlement for a repetitive trauma claim that initially was not made public. According to state records, Dibble said he received delayed onset carpal tunnel syndrome from falling on the steps of a building in Herrin where worker’s comp hearings are held.”
BND also maintains an archive of its coverage of the scandal; to read more, click here.
Firm questions benefits of ‘reform’ for injured Illinois workers
In a related but separate development, Illinois business and government leaders have long pressed for changes to the state’s workers’ comp system, saying high premiums consistently sent businesses scurrying to neighboring states. Reform measures were passed earlier this year, but one law firm says the changes are bad for injured workers. In a Sept. 29 press release, the firms says:
Goals accomplished ‘on backs of workers’ ?
This summer Illinois Governor Pat Quinn signed workers’ compensation reform into law, and several of the measures will go into effect this September. The goals of the reform were to cut costs, help employers and jump start the economy. If the new reforms do accomplish any of these goals, however, they seem to do so on the backs of injured workers in Illinois.
Fees slashed: how will medical providers react?
Doctors and hospitals treating injured workers will see the fees they receive slashed by thirty percent. According to the Illinois State Medical Society, reducing the reimbursements to this degree may result in fewer doctors being willing to treat injured workers, especially top medical specialists. Injured workers may have to wait longer for care, ultimately delaying their return to work.
The reforms also allow for employers to set up preferred provider networks PPNs (also known as preferred provider programs PPPs). Employees are allowed two selections of doctors within the PPN, but are forced to give up one of those choices if they opt out of the employer network. Not only does this deprive injured workers of their freedom to choose their own doctors, it also allows employers to select physicians who may keep costs lower by providing minimal treatment and allowing workers to return to work sooner.
The reformed law will use the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA guidelines) to make determinations of permanent partial disabilities. Although the AMA guidelines are used in several states, there is widespread concern that errors are frequently made in their application. Incorrect assessments can lead to injured workers not receiving the compensation they are entitled to.
Workers to lose more rights?
Yet another change is the establishment of a collective bargaining pilot program. Such a program allows for workers’ rights to be further negotiated away, as employers may entirely opt-out of the state system. Collectively bargained agreements may require the use of certain medical providers and alternative dispute resolution processes for workers’ compensation claims.
Injured Workers in Illinois Suffer
While businesses are pleased with the changes, many fear that injured workers will suffer. The enactment of these reforms makes it all the more important that injured workers have the assistance of a knowledgeable workers’ compensation attorney to represent their interests and advocate on their behalf.
We can help you find an attorney
As these cases demonstrate, 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:
