Labor Unions File Suit Against Missouri Workers’ Comp Law

December 1, 2005

  • December 2, 2005 at 8:54 am
    Rob says:
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    I\’m glad someone is doing something to cap some of the more obvious abuses of the system somewhere.

    With all do respect to labor unions, if you actually get injured on the job, it isn\’t generally hard to prove.

  • December 2, 2005 at 1:28 am
    Matt says:
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    It is about time that the WC system stops getting abused. The changes are appropriate. You drink or do drugs and get hurt at work; there is a penalty of 50%. You break safety rules; there is a penalty of 25% to 50%. You get hurt at work from a legitimate accident; you will be fairly compensated. I wish they would have put a stupidity penalty in the law! The effects of aging are not compensable..should never have been! Way to go MO!

  • December 2, 2005 at 1:44 am
    Ross says:
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    People don\’t understand the real life tragedies this horrible legislation is already causing to Missouri families. I wouldn\’t wish it on you but think about the next time you pull out of the parking lot from your office on company business – for 10 seconds you forget to buckle your seat belt – your car gets plowed over by an uninsured truck driver and you need emergency neurosurgery and a year of physical therapy. Guess what – no surgeon will operate (at least after your injuries are stabilized) and you get no therapy. Why? Because your work comp carrier immediately tells the providers it will only pay 50%. Remember the 50% safety rule penalty?
    Oh, I almost forgot, your health insurance doesn\’t cover it because its a work comp accident. This is exactly the case in a number of worker\’s compensation cases around the state. Don\’t believe me? Call some of your local worker\’s compensation judges in your area and ask them.

    Merry Christmas, Mr Scrooge!

  • December 2, 2005 at 1:55 am
    Matt says:
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    Nice drama. The failure to wear the seat belt in your senario had nothing to do with getting hit by the truck and being injured. Do you agree that there is no personal responsibility while in the workplace? I understand that the WC system is a \”No Fault\” remedy to injuries sustained while at work but there has been way to much liberalization of the system to compensate injuries and accidents that were never intended to be the burden of the employers. Employees have right but so do employers – who are paying the premiums.
    Happy New Year – Bah Humbug!

  • December 2, 2005 at 4:26 am
    Ross says:
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    You don\’t get it. The insurer\’s position is that the failure to wear the seat belt caused the injuries. Exactly as the new workers\’ compensation law now states, allows and requires. No – its not drama. Its a real family. Welcome to the new State of Missouri.

  • December 5, 2005 at 10:18 am
    Rob says:
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    If MO is anything like MD, and it probably is, your WC Commissioners/Judges/whatever are extremely claimant-friendly and will find whatever facts they can to award disability and permanency awards.

    If you\’re not in favor of legislation like this, would you be in favor of allowing WC insurers to adjust their rates based on annual actuarial data? If you are, how many businesses do you think will begin operating w/o WC insurance hoping not to get caught? That\’s okay though, because the state fund will pick up the tab and taxes will be raised accordingly.

  • December 5, 2005 at 12:57 pm
    Ross says:
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    Again, that\’s not true. The local Workers Compensation Reporter surveyed the last 12 months of decisions by the Labor and Industrial Relations Commission. 47 of 48 hearings were decided in favor of the employer and against the employee. Increased medical bills are a nation-wide health provider expense issue. The TTD and PPD rates are incredibly low-ball in Missouri. My personal experience in the Kansas City area is that any type of ambiguity is decided in favor of the employer. More employee-oriented in the St. Louis area though.

  • January 17, 2006 at 10:55 am
    Donna Gilman says:
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    I am an RN that was injured in NY. Our Gov. Pataki has offered amended laws that will ROB Suffering INJURED WORKERS\’ and there family in the same way. I have suffered for 6 years . They delayed a cervical spine operation , my spinal left compressed for 15 months creating many many problems. I am totally disabled.
    This is their plan , then the INJURED WORKER files for social security , SSI then medicaid in my case medicare. , I am only 50 yrs. old. Workers Comp ruined my life. They don\’t even follow the laws on the books now. I NEVER RECEIVED A DIME, because of all their fraud and corruption I fought them to the supreme court.
    But I still am fighting when I can .
    GOOD FOR MISSOURI LABOR UNIONS , Legislatures need to be reminded how and why workers comp was created. In NY I would advise an injured worker to sue civilly. Workers\’ Comp causes so much pain and relentless suffering.
    GOOD LUCK,
    Donna Gilman RN (disabled)

  • January 17, 2006 at 11:33 am
    Donna Gilman says:
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    Do you even realize that I have comnplained to our medicare . I called even asking for an investigator because injured workers our corrupt workers comp. system is FRAUDING OUR GOVERNMENT our SSD, SSI, medicaid and medicare. I ahave written to so many senators our Governor, NOBODY seems to know what to do and don\’t seem to care.
    (IME) Independant Medical Examiners are pathetic old doctors that commit perjury and fraud on medical reports I turned two in to the workers comp in NY NOTHING was done.AFL-CIO a labor union in NY has more info on these corrupt \”Comp Doctors as the regular person refers to as.
    The self Insurers are also IMMUNE to the law. They COMMIT FRAUD and \”BAD FAITH CLAIMS\” and when I turned them in. NEW YORK has NO ONE to investigate them.
    After my spinal cord was decompressed and 17 doctors later. My employer the local hospital got sick of my complaining and completely and abruptly STOPPED ALL MY BENEFITS, MEDICAL, and MEDICATIONS.
    LEGISLATORS we don\’t need to re-vamp SOCIAL SECURITY or MEDICARE they are going \”BUST\” because of the corruption that no one wants to investigate. BILLIONS of DOLLARS should be being PAID to the \”INJURED WORKER\” by the workers Comp. INSURERS.
    STOP WORKERS COMP. CORRUPTION on our GOVERNMENT. Hasn\’t anyone figured this out. As a critical care nurse I have NEVER as my years as a nurse think that my career would be my DEMISE because of lifting patients. I wasn\’t worried supposedly there are LAWS to PROTECT US RIGHT…….WRONG.
    I wrote to Gov. Pataki three times as soon after my work injury because of DELAYED CARE. Gov. Pataki could have saved my life. He sent my letter back to the workers comp for a supervisor to handle. What a long slog.
    During my investigation found that the biographies of the three BOARD MEMBERS making future medical decisions on workers comp cases of INJURED WORKERS are NOT even appointed \”MEDICAL PEOPLE\” . One board member was an RN with little experience from a nursing home. THREE Board members reviewing cases that don\’t even KNOW MEDICAL TERMS AND ARE \”NOT\” MEDICALLY QUALIFIED.
    GOVERNOR PATAKI, Senator Betty Little, Senator Hilliary Clinton, Congressman Chris Ortloff and many many others \”IGNORED MY PLEAS for HELP. Even doctors agreed how corrupt the WC system is..
    Missouri Labor Unions you might want to investigate the biographies of the Board Members appointed to make medical future decisions on you INJURED WORKERS for their qualifications.
    Sincerely,
    Donna Gilman RN (totally disabled because of NYWC)

  • April 19, 2006 at 9:13 am
    Donna Gilman RN disabled by WC says:
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    We the people… TO OUR â€â€Ŕ US ELECTED OFFICIALS

    DEMAND AN INVESTIGATION INTO FRAUD ON OUR GOVERNMENT
    SPECIFICALLY;
    SOCIAL SECURITY, SSI, MEDICARE, & MEDICAID
    VOTE “NO” to PATAKI’s ridiculous W.C.
    REFORM â€â€Ŕ This will further HARM our INJURED WORKERS from getting benefits.
    VOTE “YES” to Injured Workers’ of New York’s new bill that will PROTECT Injured Workers’

    NY WORKERS’ COMPENSATION WAS MADE AWARE â€â€Ŕ THE SYSTEM ALLOWS SOME INSURERS TO FRAUD BILLIONS FROM MEDICARE , MEDICAID , SSD * * * *This is based on my personal opinion , the last six years of suffering and experience with the system that violated my rights and MANY OTHERS to do “DUE PROCESS.” And the medical that one is entitled to. I have overwhelming medical EVIDENCE to prove my claims.

    NEW YORK REFUSES TO INVESTIGATE THESE
    SELF INSURERS, they are allowed to VIOLATE not ONLY the LAWS OF THE STATE. They are VIOLATING the SICK, INJURED, DISABLED, and the suffering and getting away with BILLIONS from our GOVERNMENT, ” WE THE PEOPLE”, ” THE VERY HARD WORKING TAX PAYER .”

    I personally have contacted the Governor, the Attorney General, the NY Insurance Dept., NY senators, local assemblyman , and I have even called medicare and demanded to speak with an “INVESTIGATOR FOR FRAUD”, I was told they don’t have one. I have reported FRAUDULENT IME ‘S Independent Medical Examiners the W.C. system ignored my reports.

    ” STOP IGNORING THE FACTS ”
    ” WE THE PEOPLE ARE SCREAMING FOR ANSWERS ”

    Dear Mr. President and all Elected Officials;
    I, Donna Gilman will describe myself as a hard working, honest citizen of New York State until my “WORK INJURY” 2/01/2000. I was a happy, healthy critical care RN working at our local hospital with NO DISABILITIES. I paid for my own medical insurance. I was NOT allowed to use. According to the hospital my employer they stated, “YOU HAVE A WORK INJURY”, That is workers’ comp. I knew all medical people at my place of work. As a nurse we do lifting everyday ALL day. I was injured at work and because I complained about not getting the proper medical treatment in a timely manner writing many letters and careful documentation of everything; my employer, their self insurer now Em Risk Management. ( aka GOW management, aka HRH Risk Management) fought back harder, delaying tests, monetary weekly benefits were purposely held for one time up to 4-5 weeks, requests for approvals ignored and most important spinal surgery “IGNORED” and spinal rehab “DENIED.”
    All doctors did not hide how they felt about this system. I heard many times over how awful a system it was. I found out just how ruthless it was.

    1. I didn’t get diagnostic tests or medical treatment in a timely manner. My spinal cord was flattened for over a year ( 15 months) causing many other nerve and neurological damage , muscular disorders, many problems and chronic and needless suffering from all the delays in treatments , needless and limitless useless hearings, abrupt stopping of my much needed medications after my cervical surgery.

    2. Independent Medical Examiners (IME) doctors? IMES’ perjured in their reports and frauded the worker . Sec 114 (2). I reported them to NYSWC and was IGNORED.

    3. I was DENIED NYSWC ” DUE PROCESS”

    4. After paying me full benefits $400.00 a week from my cervical surgery July 2001 to Aug. 2003. I complained to my employer of being STALKED at my home and being chased to my employers by vehicle. All CARE MEDICAL, MEDICATIONS and MONETARY BENEFITS WERE STOPPED ABRUPTLY. The expense rolled over to MEDICARE.

    5. In a WC Hearing in Dec. 2003 the Judge found in my favor and awarded all that I was entitled to receive under the WC Law. That was quickly reversed by an appeal by a three member board panel. Three unqualified, non- medical governor appointed individuals. One female was an RN worked at a nursing home. I was quickly DENIED a review by the 12 member board panel. I was also DENIED a conciliation “DENIED DUE Process.”

    6. The employer appealed and the three member board … APPOINTED BY GOVERNOR PATAKI that has NO MEDICAL DEGREES except for one, had a RN degree and had worked for a nursing home. These three went against the Judge and found for the self insurer and employer. These THREE BOARD MEMBERS are NOT medically qualified to make a decision on the depth regarding neurosurgery, against the advice of the workers neurosurgeon. Nor the medical future of anyone.

    7. IMES’ are traveling from Mass. and Vermont and sign with a third party in Albany, NY. They come to our state to commit fraud against our INJURED WORKERS. NYSWC is aware and has IGNORED my complaints. NO ONE CARES… SELF INSURERS and IME’S ABIDE BY “NO LAWS.” THIS IS PATHETIC. Making money off our sick and suffering and they don’t even live in this state.
    I am volunteering to be the ADVOCATE and VOICE for all disabled and indigent people alike. That the workers’ compensation system supports that are injured are taken advantage of. For those many injured workers’ that could NO LONGER TAKE the STRESS of a corrupt system and the SUFFERING. The horrific pain without proper medical treatment in a timely manner. Then benefits abruptly STOPPED losing everything they worked hard for. Their homes, family, their health, bills mounting, electric SHUT OFF, careers and DIGNITY. Some are no longer with us. Some have committed suicide and some murder then suicide.

    8. I have been STALKED at my home and chased by an old man in route to my employer the hospital in Plattsburgh. I reported him to the BCI. I have gone through HELL.

    9. Others have been video taped getting their medicine, groceries or at the IME examine, while some on heavy pain meds and their benefits stopped and some arrested because that video is allowed to put that injured person in a false light.

    10. I am a member of Injured Workers of New York. Mary Jeffords is the President. This BRAVE and COURAGEOUS woman has been put through hell by workers’ comp. and continues to be forced to seen by doctors that are not even or some NEVER had a successful practice. Mary forced to endure many years of unnecessary touching and being forced to things that cause more PAIN. Corrupt IME’S over 32 times over the last 17 years. Threatened if she fights for more benefits they will cut her home care.
    This very brave woman saved a co-worker from a violent and vicious attack from a patient. She nearly died. Mary lost everything and resides in an apartment in a WHEEL CHAIR with rods in her back, and will have chronic pain her entire life. Not to mention the lifetime of stress from workers comp. fighting for what she is entitled to.

    11. Others are arrested and put in jail, then left with a criminal record for getting injured on the job. Yes, there is a small percentage of FRAUD but those are obvious and brought to justice and should be under the workers’ compensation law. WC Sec 114 (1).
    There is consistent FRAUD from IME’S that under WC Sec 114 (2) NEVER is BROUGHT TO JUSTICE.
    THIS WOMAN SHOULD HAVE BEEN GIVEN A MEDAL FOR SAVING THE LIFE OF HER CO-WORKER while on the JOB.

    PLEASE HELP US… Do the right thing for ALL NEW YORKERS and the UNITED STATES OF AMERICA. EXPOSE the FRAUD on our GOVERNMENT and SAVE not only injured workers’ the disabled, but this will save BILLIONS of DOLLARS that is rolled back to the tax payers. INSURERS are making off with BILLIONS in PROFIT.
    My question to ALL OUR NEW YORK ELECTED OFFICIALS;
    WHO WILL HAVE THE COURAGE to DO SOMETHING ABOUT the LARGEST HEIST OF GOVERNMENT MONEY IN AMERICA’S HISTORY!
    THIS IS OUR MONEY, THE PEOPLES’ MONEY the TAXPAYERS MONEY, the HARD WORKING PEOPLE.
    IT is for this very reason that our MEDICARE, MEDICAID and SSI, SSD is GOING BUST. I am a critical care registered nurse that has been depending on Social Security and MEDICARE to survive. Paying for my work injury since 2001. I was just 45 years old. I am now 50 and because of the corrupt system I like so many others is collecting SSD and depending on Medicare and Medicaid to survive and congress wants to cut those programs. Taking from the POOR and DISABLED.
    My employer Champlain Valley Physicians Hospital and their W.C. insurer EM Risk Management abandoned me after my WORK INJURY. One does NOT have to wonder why there is a medical crisis in America. Or why there are not enough students studying to be a Registered Nurse, or studying to be doctors. Ask any credible, honest, successful doctor about the workers’ comp. system.
    I, Donna Gilman along with Mary Jeffords will continue to fight for indigent, suffering injured workers, and the disabled for the rest of our lives. Until the LAWS are enforced to PROTECT US, “WE the PEOLE.” My spinal damage, nerve and muscle damage not to mention STRESS is a constant reminder of our everyday of suffering. This is what keeps us fighting because we know others will suffer as we have. If, “WE THE PEOPLE” don’t do something about this HORRIFIC FRAUD. The DARK SECRET OF AMERICA. I would never have known about such barbaric medical misconduct in today’s society. If it wasn’t for my WORK INJURY, and the relentless suffering MY FAMILY and I have been forced to endure I would NEVER believed how the Injured are forced to suffer. Not in today’s society.
    However I do have to admit it has been a GREAT COVER-UP.
    Taxpayer, hard worker gets work injury. Workers’ Comp. has confusing, harsh hidden laws that allows the employer and or W.C. insurer to stop care and benefits. Hoping the stress, wait, and suffering that indigent suffering hard worker will give up. Saving Millions of Dollars for the employer and their INSURER. This is called “BAD FAITH CLAIMS.”
    Because once on social security and Medicare or Medicaid the COST goes right back to the HARD WORKING PEOPLE. Brilliant, but ILLEGAL. Then if one can not work at all, the disabled will continue to suffer for over years for approval of social security. Then another year for Medicare. A vicious circle.
    I would like to add this is NOT POLITICAL. I want to stay focused. I am confident Attorney General Eliot Spitzer will be voted in as Governor. He has proven to the injured workers and INSURANCE companies he will go after anyone who breaks the LAW. AIG is evidence of this man’s character he is NOT AFRAID of large or small companies. HE will work for THE PEOPLE. Eliot Spitzer “WILL” get the job done for the “REFORM of WORKERS’ COMPENSATION.” I did file a complaint with him but I did NOT know that if there was a problem with workers’ compensation or “Bad Faith Claims” that he is responsible to be the ATTORNEY for the STATE. As Governor he will be for the state of New York however in a different capacity. Eliot Spitzer will be in the position and already has the knowledge to help the injured workers’, disabled people and protect our Medicaid. I am also convinced that he will fight to preserve our Social Security. To all government officials this is OUR, We the People’s MONEY. QUIT BORROWING FROM IT, leave it ALONE.
    One more thing I researched yesterday the workers’ compensation vs. Medicare in ALL STATES. Apparently Medicare keeps a list of all the workers’ comp. individuals. The fund is set up for workers comp. people that are denied. Called the WCSAF, workers comp set a side file. We the People DEMAND to know who is monitoring this list and when does the money stolen from Medicare to cover work injuries EVER is “REPLACED?”
    WCSAF -The primary purpose of the non-Medicare beneficiary WCSAF is to
    maintain a file of individuals who were injured while employed; are not
    currently Medicare beneficiaries; whose WC Settlement included a WC
    Medicare Set-aside Arrangement that is intended to pay for future
    medical expenses in place of future Medicare benefits; and was approved or not approved (denied) by CMS as submitted. The information retrieved from this system will be disclosed to: (1) Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor or consultant; (2) another Federal and/or state agency, agency of a state government, an agency established by state law, or its fiscal agent to contribute to the accuracy of CMS\’ proper payment of Medicare benefits, enable such agency to administer a Federal health benefits program, or enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds; (3) an individual or organization for research, evaluation or epidemiological projects related to the prevention of disease or disability, the restoration or maintenance of health, or for understanding and improving payment projects; (4) support constituent requests made to a Congressional representative; (5) support litigation involving the agency; and (6) combat fraud and abuse in health benefits programs funded in whole or in part by Federal funds. We have provided background information about the modified system in the Supplementary Information section, below. Although the Privacy Act requires only that the “routine use\’\’ portion of the system be published for comment, CMS invites comments on all
    portions of this notice.
    I am fifty years old and always worked hard. I have only “VOTED” once in my entire life because I always felt that POLITICS is corrupt. For the past year political corruption is all over the news, confirming my suspicions. I voted last year. I am NOT republican nor a democrat nor left or right nor liberal what that all means I don’t care.
    What I care about is the people, honesty and what is best for us the hard working tax payers.
    I had written to Governor Pataki THREE times in the first three years of my work injury because of the delays in medical care, the added physical and emotional damage and suffering it was causing me and my family, BEGGING for HELP. He didn’t care I was just a number to him. I strongly feel Governor Pataki could have SAVED my career as a critical care nurse and saved my life.
    A lifetime of horrific suffering with physical, emotional “PAIN.” I will forgive his negligence and his misconduct with hopes that my pain and suffering along with courageous Mary Jeffords will some day make a difference for our children and others that will receive a work injury. Our PAIN will not be in VEIN! I suggest that the future appointments of the 12 Board Members are impartial. Six appointed on behalf of the injured worker. The other six competent educated, honest medical people that will render a fair decision.
    This will certainly help people with acute work injuries to faster, quality medical treatment in a timely manner. Lessening the need for long term treatment, reducing medical costs. Not to mention decreasing INSURANCE FRAUD and decreasing the need for that worker to even need social security, Medicaid or medicare.
    We the sick, disabled and injured hard working people have full confidence that he will appoint credible, honest, knowledgeable and educated people in the medical field for Board decisions on someone’s medical future. Thank You to all elected official!

    Sincerely,

    Donna Gilman RN (ADVOCATE for Injured Workers’ of New York)
    P.O. Box 1569 Plattsburgh, NY 12901

    President George Bush
    All elected officials in New York and abroad
    Injured Workers of New York Mary Jeffords

  • February 18, 2007 at 3:48 am
    Jerry O says:
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    I got frauded by ssd.
    For reasons I have no idea of, I got ssd then it got taken off me because someone said I was working when I wasnt. I waited 3 years for an appeal, had no money as I was too depressed to work. I found out I didnt get my ssd. I have no reason as to why they didnt give it.
    I was diagnosed seriously depressed by many top phychologists and phyciatrists.
    I think its a big joke.
    I also had a car accident and was hit by a drunk man.
    Because tmy attorney knew I was waiting for ssd and had no money, he didnt sue.
    I never heard from him again.
    It stinks.
    regards Jerry

  • July 17, 2009 at 2:38 am
    adjustmentdisorder says:
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    G. W. Bush totally corrupted every level of government. I live in Texas where he started a deal with pharmaceutical companies which has bankrupted Medicare and killed hundreds of thousands of our most vulnerable citizens, even children. Research Allen Jones’s report on the Texas Medical Algorithm Project (TMAPS). Foreigners are not the real terrorists. More citizens killed than in 3 wars. The 911 klllings are not even near the number of TMAPS victims. If you are a nurse, you know how corrupt nursing homes are and that Bush basically has granted them a license to kill.



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