California Worker's Compensation : Injured Workers need a lawyer... — 2005-05-05

	News from around the internet (archived)   11:27AM Workers' Compensation Industry Leader Jack Webb Dies (The Auto Channel). SAN FRANCISCO, May 3 -- Former State Fund President Jack Webb -- one of the most influential and colorful figures in the 91-year history of California's workers' compensation insurance system -- died May 2nd. Webb had been undergoing treatment for lung cancer. A Petaluma, California resident, he was 69. Webb joined State Fund in 1959 and rose through the ranks to the presidency of California's Workers' Compensation Industry Leader Jack Webb Dies (PR Newswire via Yahoo! Finance) (archived). Former State Fund President Jack Webb -- one of the most influential and colorful figures in the 91-year history of California's workers' compensation insurance system -- died May 2nd. Athletic Field Specialist Arrested on Multiple Felony Charges for Alleged Workers' Compensation Insurance Fraud (PR Newswire via Yahoo! Finance) (link unavailable). John Arcurio, 49, of Fillmore, was arrested on April 26, 2005 and charged with two felony counts of violating section 1871.4 of the Insurance Code, making false statements for the purpose of obtaining compensation, and one felony count of violating section 550 of the California Penal Code, knowingly conspiring to conceal or fail to disclose any insurance benefit to which the person is entitled.

Injured Workers need a lawyer...by Charles R. Wear

Some say that since the workers' compensation system has been reformed that injured workers will not need an attorney to help with their claim. Nothing could be further from the actual situation. The following are the top ___ reasons that injured workers need lawyers.

The employer controls the medical treatment. For injuries after January 1, 2005, if the employer is a member of a medical provider network, the injured worker does not have the right to change physicians, except within the network. Many injured workers will not receive the medical treatment they need to cure or relieve from the effects of their injury. Many will be returned to work too early. The appeals system for this type of medical dispute is complicated. Workers' compensation attorneys can help an injured worker navigate this process.

Utilization review and the application of guidelines delay and deny approval for needed medical treatment. The initiation of utilization review procedures, where medical practitioners make decision approving or denying treatment based on treatment guidelines, have caused numerous delays in treatment. Once again, an attorney who understand these procedures can assist the injured worker in obtaining necessary medical treatment.

The value of a case will depend on the final medical evaluation. It is likely that the award of permanent disability benefits will depend on the evaluation of an agreed medical evaluator or a qualified medical evaluator chosen by a panel. Only represented workers can use an agreed medical evaluator, a doctor chosen because of his reputation for fairness and neutrality. Unrepresented workers must utilize the panel qualified medical evaluator process and choose a doctor from a list chosen by the State. The panel doctors will be unfamiliar to the unrepresented worker. The guidance of an experienced attorney can be invaluable in this process.

In summary, the recent changes in the workers' compensation laws in California have made the process even more complicated. Only an experienced attorney can help fight for the rights of an injured worker to obtain the benefits the system was designed to deliver.