Workers’ comp issues  continue to roil the political waters of Montana, where recently introduced legislation to deny workers’ comp benefits to undocumented workers appears to have sparked similar legislation in Georgia.

We covered some of the overall reform controversy in September, followed by a piece comparing the state’s nation-leading ranking as the most expensive for workers’ comp premiums in October, then discussed a November ruling by the state Supreme Court that elderly injured workers should be bumped from the system for injured workers in favor of long-term disability benefits.

By one count, the state has about 30 workers’ comp measures to contemplate.

‘A bill to deny workers compensation’

The latest, according to this Jan. 18 piece at MontanaWatchdog.com, is a “bill to deny workers’ compensation to illegal immigrants passed its second reading Tuesday on the floor of the state House of Representatives, despite warnings that the proposal could create a nightmare for employees.

“ ‘Welcome to the world of workers’ compensation,” said Rep. Gordon Vance, R-Bozeman, who introduced House Bill 71 and added this was the first of several workers’ compensation bills the Legislature would deal with this session.”

‘Sending a message’

On the same day, news outlet KFBB.com reported, “Supporters of the bill say that it will reduce costs and liability while sending a message to those employing illegal workers. But those who oppose the measure say it does not solve the overwhelming problem with Montana’s workers’ compensation and places a burden on hospitals that have to take care of the injured worker. Insurance officials say there may be only a handful of such cases a year in Montana.

“ ‘This is not a single issue problem, this is not a problem that can be solved by looking at one area, passing one bill and making everything better for the business community in the state of Montana, this has multiple facets to it and we need to address all of them and that’s what I tried to do with this bill,’ [says  Vance.]”

Op-Ed: bill ‘apt to misfire’

A more recent piece, a Jan. 25 Op-Ed at GreatFallsTribune is headlined “Bill banning work-comp for illegal immigrants apt to misfire.”

House Bill 71 is described by its sponsor as one of many workers’ compensation reform bills under consideration by the Legislature, but that’s not a good description.

Rather, it is a bill that seeks to use the workers’ compensation system to punish illegal immigrants and the businesses that hire them.The bill provides “that certain illegal aliens are not entitled to workers’ compensation wage-loss and medical benefits for a work-related injury or disease” and was on the fast track in the House, where it gained final approval 61-39 last Wednesday and was sent to the Senate.

Leaving aside the motivation for passing the bill, the problem we have with it is its likely effect.

At the state level, it would do nothing to reduce high work-comp premiums and payouts.

At the employment level, rather than denying compensation to workers injured or sickened on the job, as the sponsors intend, the bill will simply move the process of obtaining that compensation out of the work-comp system and into the courts.

Georgia bill only part of larger effort

A Jan. 24 article at the Atlanta Journal-Constitution’s news site reports, “State lawmakers filed legislation Monday seeking to ban illegal immigrants from collecting workers’ compensation benefits for on-the-job injuries in Georgia.

“Sponsored by Sen. Bill Heath, SB7 would prohibit people from collecting wage loss and medical benefits unless they were in the country legally at the time of their injury. Similar legislation is moving through the Montana Legislature.”

The article also says more wide-sweeping illegal immigration legislation–”much more”–is expected to be introduced in Georgia.

According to the article, the Georgia judiciary has recognized for years the rights of undocumented workers to receive work-related medical treatment.

“The head of the state workers’ compensation board declined to comment on SB7, but he said the Georgia Court of Appeals has held for years that such workers are entitled to these benefits. Illegal immigrants have been awarded the benefits in Georgia based on the court’s decision, though the state has not kept track of how much, said Rick Thompson, chairman of the State Board of Workers’ Compensation.”

Current law allows injured workers to leave yet still collect

In Montana, it sounds as though some observers don’t begrudge medical treatment for these injured workers as much they have a problem with loopholes in the system that, for example, allow them to leave the state and continue to receive benefit payments. According to the Jan. 18 Watchdog piece, “Under current law, when an illegal immigrant is awarded benefits they may leave the country and those benefits are then sent to their new address, taking the money out of Montana, Vance said earlier. He said that also makes it difficult to send a physician to check on the health status of the recipient.

“Kevin Braun, assistant general counsel of Montana State Fund, Montana’s insurance carrier, told the House Judiciary Committee earlier this month that his agency has seven to eight claims a year in which the claimant’s Social Security number does not match.”

Other legislators say they are concerned that the measure would harm employers or shift a burden onto hospitals.

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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:

Workers compensation basics

Injury on the job

Filing a claim

One thing about workers comp cases–the issues can be so broad that you never know what oddity may pop up.

For example, regular readers are aware that most states include undocumented workers in workers comp protection. We discussed a couple of such cases here, one from Michigan and one from Nebraska.

Undocumented workers protest in Michigan

Now Michigan is back in the news. Posted March 11 at WILX.com, this brief describes a protest at the state Capitol, including “[s]ome [who] were illegal immigrants, rallying for the state to grant them rights to workers’ compensation.”

State Rep. Rashida Tlaib (D-Detroit) has introduced a bill that would grant such coverage and was quoted as saying, “We’re only one of two states in the nation that does not allow workers that are undocumented to compensate when they are injured on the job.”

As might be expected, not all her colleagues agree with the idea, indicating its passage has a snowball’s chance…

Rep. Rick Jones (R-Grand Ledge) said, ““The only thing we should be giving illegal immigrants is a bus ride home.”

Jones, taking a “Michigan-workers-first” stance, brought up bogus Social Security IDs and the expense to companies to pay into the workers comp system.

But Tlaib “and others” countered with a point to ponder: pointing out “that requiring companies to pay workers’ comp might discourage them from hiring illegal immigrants in the first place.”

Ex-Deputy Warden cites nepotism as stressful

Now here’s a doozy, from a March 10 post with a Wilkes-Barre (PA) dateline: everybody knows somebody who’s felt disadvantaged by on-the-job nepotism. But in this case, former Deputy Warden Sam Hyder,  Luzerne County Correctional Facility, says nepotism was a major reason for the workplace problems that should leave him eligible for $800 a week in workers comp benefits.

“Hyder claims he suffers from work-related stress due to pressures brought on by” County Commissioner Chairwoman Maryanne Petrilla’s “hiring requests and threats, the suicide of a co-worker, his attendance at an inmate’s autopsy and the publicity he received for outing a drug-dealing prison guard.”

Petrilla has denied not only pushing Hyder to hire unqualified cronies but also says she did not single out Hyder for political reprisal.

According to the article, “Hyder was on medical leave from Aug. 28, 2009 until he was laid off from his $74,263 job in late January 2010. He testified Feb. 2 about how he ‘blacked out’ one day at work from the stress and suffers from anxiety, panic attacks and nightmares. On Tuesday, the county countered with five defense witnesses.”

At least one other employee, a secretary promoted to assistant business manager, seems to back up Hyder’s version, indicating that a “hiring list of the politically connected trumped applications from other qualified candidates.”

Said Jaqueline Grimes: “Everybody, commissioners, judges, magistrates, police officers, would be saying, ‘Give this person a shot. (Prison management) wanted to know, whose person it was. ‘John Doe is my guy, this one is (former Manager/Chief Clerk) Sam Guesto’s.’”

Fired workers say boss pushed her religion on them

And from Ohio, a March 3 AP account reminds us that freedom of religion just might encompass freedom from religion:

“After a sweeping scandal nearly five years ago that cost the state’s insurance fund for injured workers $300 million because of investments in Beanie Babies, rare coins and other risky assets, Ohio beefed up oversight and created a panel to help lawmakers look out for the health of the fund.

“Now, three years after lawmakers created the Ohio Workers’ Compensation Council to advise them on bills involving workers comp issues, the council finds itself entangled in chaos with a director accused of firing the entire staff amid allegations that she pushed her religion on employees.

“The three fired workers each sent letters to council members Tuesday accusing Director Virginia McInerney of wrongful discharge, religious discrimination and harassment, age discrimination and retaliation.”

Described as an occasional guest on “The 700 Club” who also was active in a large evangelical church,  McInerney was said to have led prayers at work and to have passed out religious CDs and at least one religiously themed book.

The piece quotes a former staff attorney as writing in a letter that “It became increasingly clear that the Director was judging employees not on professional performance but on the quality of their faith, according to her beliefs.”

McInerney denies the allegations and says she can’t comment on an ongoing case, but “that she saw no alternative under the law but to fire them.”

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Whether you’re an injured employee or an aggrieved employer, if you’re facing legal problems regarding workplace injuries, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:

Workers compensation basics

Denial of benefits

Choosing an attorney