subject: State Could Set Fee Schedule For Lawyers [print this page] The legislature will soon be asked by the administration of the Worker's Compensation Division to make some changes.
They would like a fee schedule to be established for the lawyers who take the compensation cases. They'd also like a review board.
The division's administration, in response to allegations that the system is corrupt, has promised change. The division is in charge of workplace injuries and compensating the employees that are hurt on the job.
Criminal actions have been taken recently by both doctors and lawyers who have illegally gained funds from both the department and injured workers.
The scandal has seen at least one state senator, a lawyer by trade, off to prison. The attorney general says more charges are coming from this particular scandal.
A local lawyer will be addressing the platform convention to seek radical change in the manner in which the workmen's compensation division operates.
The lawyer advocates changing the way in which cases are settled, so that more than one administrator would be responsible.
Also, he calls for a set fee schedule for the participating lawyers. Fees shouldn't be reliant upon how much the worker is awarded.
As one major political party declares the avoidance of making this hot topic a political issue, there are many lawyers claiming others are attempting to do just that.
One lawyer worries that this will just become a bipartisan issue and that changes won't be made. Then, both workers and their employers will suffer.
Creation of an appeals board and a fee schedule has been suggested to the legislature. Unfortunately, these were both killed in committee.
Members cited a need for legislative audit of the division before they made their decisions.
The legislature adjourned before the audit was released. Keeping the bills in committee was part of a bipartisan agreement, he thought.
The department is seeking to make the following changes, all of which were suggested by a lawyer.
With the exception of personal medical files, the public can see all files. This change came about after a leading newspaper won a suit against the department.
The workers who are awarded a claim are notified of the award amount. Then, they are paid directly via check on a regular basis.
Lawyers can expect payment in one lump sum. The notice of settlement amount must be sent to the worker, and the actual checks must be made in the worker's name. The department already uses this policy.
There has been a legislative interim committee set up to create a method of determining rates that can be charged to employers.
The legislature just changed the way in which compensation is determined, too. A review committee was created.
Three doctors now look into each case to see if the injury really could have been suffered at work. The committee is hard to staff because it is hard to find doctors who can give that much of their time.
by: John Chambers
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