PROTEST PHOTOS WANTED
Pfizer Safety Protest You Tube Video 9-22-11
Protest at State Capitol Letter to Governor Delivered
Protest at State Capitol - RELL SMELLS .COM
"I'm not getting any benefits. My wife and I couldn't
get along because of financial problems. I wound
up getting divorced losing my house and so I don't
live at the house any more. I had to move out."
� In six years of delays and denials, her case management through workers compensation
has been barbaric, uncivilized, detrimental and unconscionable. Treating Physician
"I expected a prompt, efficient, simple and inexpensive procedure. I didn't get that. It took me over 900 days to go from treatment being cut off to a Commissioner's decision on the issue. That must
be the prompt and efficient part. (I'm sure one of the experts can explain how this was my fault)."
�I witnessed an injured worker denied treatment in a doctor�s waiting room because Workers Compensation denied his physical therapy without justification. He was told to leave, limping out, obviously embarrassed. It was appalling�
I know during the period 1912-2008 the Connecticut Workers Compensation Commissioners� became "Judges". (dates unknown) they became "Doctors". As of 1/29/08 they are "Scientists". Injured Worker Discussion Forum Reasonable or Necessary Medical care CGS 31-294d.
�Then the real Hell started. I have been treated to game playing with checks, prescriptions and doctors appointments. How our lives and those of our kids change because of a system not designed to help but to judge�. Injured Worker
"Cash in your chips and move on. Get these people (Workers Comp. Commissioners) out of your daily life. It's a statutory system which was gutted by the Legislature in 1995".
It won't pay
Board Certified Attorney
Wife begs for help, save our family. BSOF. Writes letter to Workers Compensation
Commissioner who dismises her as a liar.
Injured Worker Spouse
"The insurance company, backed up by Workers Compensation, is able to arbitrarily cease medical treatment, physical therapy, surgeries and medication without consequence�. Injured Worker
INSURERS REAP HUGE PROFITS
In 1993, the Connecticut legislature
overhauled the state's workers compensation
system, a move that has been a
windfall for insurers, with profits now
double the national average. However,
these huge profits were gained by deep
cuts in benefits paid to workers.
In fact, benefits paid to workers were cut
in half due to measures like dropping the
workers' compensation benefit rate to
75 percent of average take-home pay, a
one-third reduction in all permanency
benefits, restrictions on access to medical
treatment, and other major benefit cutbacks.
Connecticut's pay-outs to workers
have lagged significantly below
national averages, by as much as 21.2
percent in 1996, with an overall average
from 1993 through 2004 of 65.2
percent of premium dollars in
Connecticut versus 70.9 percent
From 1993 through 2004, total
benefits paid to injured workers represented
55 percent of insurance company
revenues, resulting in after-tax profits
The 1993 changes mandated
a 19 percent premium rebate for
employers. This figure was based
on estimates provided by the insurance
industry to the Connecticut legislature
at the time.
|Is this Surveillance Legal or Stalking?
Benefits Terminated After Surveillance - Does monetary loss cause Injured Workers loss of personal safety? Stalking?
Private detective caught in front of IW's home.
Injured Worker shoots comp investigator on his property
"I've never seen an example of so many presumably decent, educated professionals collaborating with cynical chuckles up their sleeves in a system so irredeemably destructive to the people it was supposedly trying to help," "people-dumping", Continuous Trauma, Michael Eric Stein
�Discarded and forgotten by their employers, denied medical coverage by the workers� compensation insurers; many have been left to die, slowly and agonizingly��
Depraved Indifference, Patrice Woeppel
In summary, we hold that the supersedeas provisions under � 531(5) and (6) violate the dictates of due process by not
affording disabled employees notice or an opportunity to be heard before their medical benefits are suspended.139 F.3d 158
To remedy the procedural defects in the statute, at a minimum, an employee must be given:
(1) timely and reasonable notice of the imminent suspension of the medical benefits and treatment
before the suspension takes effect;
(2) a description of the reasons why utilization review has been invoked;
(3) an opportunity and time to submit a personal statement in writing regarding the employee's view
of the reasonableness and/or necessity of the disputed medical treatments;
(4) a description of the procedures under which the employee can appeal an adverse determination.
|�Forget about personal. They don�t think of you as a person. They think of you as a file with a dollar sign on it. They don�t care if you can�t put food on the table or put braces on your daughter. You�re thinking of this logically. I stopped thinking that way a long time ago. This is comp.� The sub-basement of the legal world. NYTimes A World of Hurt
|More Workers' Horror Stories NOIW.org
WHILE WORKERS SUFFER
However, at no
time did the industry suggest that its
profits would immediately skyrocket
to a four-year average of 28.3 percent
- quadrupling the previous four
years' national average profit rate.
50 percent from July 1, 1993 to
January 1, 2005.
Total benefits paid
to workers decreased about 39 percent
from 1991 to 2004 as a percentage
of payroll. Insurers' overstatement
of losses in rate filings leaves
employers blaming injury losses for
their expenses when insurance profits
are really to blame.
A collateral consequence of
the shrinkage in workers compensation
benefits has been a reduction of
attorney involvement in workers
compensation claims. Data available
from 1998 through 2002 shows
that attorney involvement in workers
compensation claims in Connecticut
dropped to an average of 10.6 percent
of workers compensation claims
in 2002 - the 2002 national average
was 14.3 percent.
Source: AIS Risk Consultants, Inc.,
A Cautionary Tale
"There is nothing that the law or any legislator or attorney can do to make your life whole again in the Connecticut Workers Compensation
system from a job related injury.
There is no system here in CT to enable us to say you are 100% whole again".
"It is terrible, IT STINKS, that the workers compensation law cannot make injured workers whole"
"Workers Compensation is a Judicial System - the Commissioners are Judges" State Representative (2009)
INJUREDWORKERSDAY.ORG LETTER DELIVERED TO THE GOVERNOR
"I am unable to determine at what point, if any, the majority would conclude the legislature went too far in altering a substitute remedy".
"I would conclude that the Workers Compensation Act, as amended, no longer provides an adequate quid pro quo".
ALLEGRUCCI, Justice, dissenting.
942 P.2d 591 262 Kan. 840 Nos. 77142, 77561 Supreme Court of Kansas. July 18, 1997
INJURED WORKERS OF KANSAS, et al., Appellants,
Wayne L. FRANKLIN, Secretary of Human Resources, and Philip S. Harness, Director of Workers Compensation, Appellees, Oliver GETTLE, Appellant
|SEN. COLAPIETRO: Put that up there, "assume". " It doesn't work that way. Now last year, 1991, that was what everyone had in mind. The benefits were cut in fact. The insurance premiums did increase in fact and not a job was created and not a layoff was prevented that I know of and yet this year they're asking for the same exact thing, cut workers' benefits". 1993 Legislative testimony full transcript
Illinois House May Scrap Workers' Compensation
The Illinois House is considering a plan to scrap the state 's much-criticized workers' compensation system, leaving businesses and their employees to battle in court over payment for each workplace injury.
Legislation ending the system was given tentative approval in a voice vote Thursday. Rep. John Bradley, D- Marion , said he plans to hold a final vote as soon as possible.
"Let's give the courts a chance. Let's try something else. Because we know what we've been doing isn't working," Bradley said in debate. Bradley has been leading efforts to overhaul workers' compensation, the insurance program that covers employee health costs and lost pay after injuries. He insisted his proposal to scrap the program was not a stunt meant to shake up negotiations. The president of the Illinois AFL-CIO, Michael Carrigan, said he would consider losing the workers' compensation system entirely before agreeing to business demands that he sees as gutting the program. Businesses complain that the Illinois system has among the nation's highest costs. Their chief allegation is that workers can win payments without having to provide clear proof that an injury is job-related. They also argue that prices for medical care are set too high and the system is slanted to resolve disputes in favor of workers. Federal prosecutors are investigating the workers' compensation program in the wake of newspaper reports that hundreds of employees at a single prison received awards, as did some of the arbitrators who decided workers' comp disputes. Labor groups see little need to change the system. Neither do medical groups, whose members get paid to care for injured workers.
So Bradley has been stymied in his efforts to reach a deal to revamp workers' compensation. Republican lawmakers acknowledged the difficulty but objected to simply dropping the system altogether. "Your solution is a nuclear bomb. You're atomizing this," said Rep. Dave Winters, R-Shirland. Labor groups say workers' compensation is slow and inefficient.
But without it, they contend, injured employees would have to fight long, expensive court battles to avoid being wiped out by medical bills and lost wages.
"We find it difficult to believe that anyone could seriously think that scrapping the basic protection of workers' comp is a good idea," said Anders Lindall, spokesman for the American Federation of State, County and Municipal Employees. Business groups also reject Bradley's plan, but not unanimously. "It's a minority opinion, but there are employers who would take that deal," said Todd Maisch, lobbyist for the Illinois Chamber of Commerce. "We think on the whole it's going to create more problems than it would solve. There are just too many unknowns." Democratic Gov. Pat Quinn has proposed a workers' compensation overhaul that would limit payments for carpal tunnel syndrome, deny claims from workers injured because they were drunk and require tougher reviews before some medical procedures are authorized. But his plan wouldn't address the chief business demand that injuries be shown to have a job link.
The bill is HB1032.
Connecticut General Statues Case comments by Judges
Workers� Compensation Act is liberally construed in favor of employee and is to be interpreted with sufficient liberality to carry into effect its beneficial purpose and to prevent defeat of this purpose by narrow and technical definition. Infante v. Mansfield Construction Co. (1998) 706 A.2d 984, 47 Conn. App
Purpose of Workers� Compensation Law is to compensate worker for injuries arising out of and in the course of employment, without regard to fault, by imposing form of strict liability on employer. Dowling v Slotnik (1998) 712 A2nd 396, 244 Conn. 781.
Under Workers� Compensation Act, employee surrenders his right to bring a common law action against employer, thereby limiting employer�s liability to statutory amount, in return, employee is compensated for his of her losses without having to prove liability. Doe v. Yale University (2000) 748 A.2d 834, 252 Conn.641.
Humanitarian and remedial purposes of workers� compensation law counsel against an overly narrow construction that unduly limits eligibility for workers� compensation, and thus courts do not construe the law to impose limitations on benefits that the law itself does not specify clearly. Gartrell v Department of Corrections (2001) 787 A2d. 541, 259 Conn.29
Construing the Workers Compensation Act liberally advances its underlying purpose, i.e., to provide financial protection to the claimant and his family. Laliberte v. United Sec., Inc. (2002) 801 A.2d 783, 261 Conn. 181.
Workers' Compensation Act is remedial and must be interpreted liberally to achieve its humanitarian purposes. C.G.S.A. � 31-275 et seq.
Gil v. Courthouse One, 687 A.2d 146
Since Workers' Compensation Act is remedial statute, Supreme Court should not impose limitations on benefits provided for disabled worker that statute itself does not clearly specify. C.G.S.A. � 31-275 et seq.
Laliberte v. United Sec., Inc., 261 Conn. 181
By recognizing limitations not delineated by the legislature, a court risks denying the beneficent purposes of the Workers' Compensation Act. C.G.S.A. � 31-275 et seq.
Infante v. Mansfield Construction Co., 706 A.2d 984
Workers' Compensation Act is liberally construed in favor of employee and is to be interpreted with sufficient liberality to carry into effect its beneficial purpose and to prevent defeat of this purpose by narrow and technical definition. C.G.S.A. � 31-275 et seq.
Section 31-310b Average Weekly Wage of General Assembly Member - (Code for your elected Legislator and Senate Representative) For purposes of workers' compensation the average weekly wage of a member of the General Assembly shall be construed to be the average weekly earnings of production and related workers in manufacturing in the state as determined by the Labor Commissioner in accordance with the provisions of section 31-309. For the purposes of this section, there shall be no prorating of benefits because of other employment by a member of the General Assembly."
This lets them double dip! Our benefits are reduced by other income!
This is the same reason they don't care about health insurance because they have golden policies that cover everything.
|Buried in all the Connecticut Workers Compensation Statutes pages of "Thou Shall NOT" is this gem, " Thou Shall Care For Workers"
Sec. 31-294d. Medical and surgical aid; hospital and nursing service. (a)(1) The employer, as soon as the employer has knowledge of an injury, shall provide a competent physician or surgeon to attend the injured employee and, in addition, shall furnish any medical and surgical aid or hospital and nursing service, including medical rehabilitation services and prescription drugs, as the physician or surgeon deems reasonable or necessary. The employer, any insurer acting on behalf of the employer, or any other entity acting on behalf of the employer or insurer shall be responsible for paying the cost of such prescription drugs directly to the provider.
Reasonable or Necessary medical treatment as determined by the physician or surgeon is the chief operative
clause of the Workers Compensation Statute, don't let them tell you otherwise. Stand your ground!
|We will bring to light the corrupt practices designed to give more power through shoddy legal practices to Commissioners while stripping you of your rights.
The present Workers Compensation system is Depraved Indifference! Depraved Indifference Woeppl (2008)
The Report of the National Commission on State Workers' Compensation Laws said so in unanimous agreement in 1972. The Congress finds the following:
(1) The full protection of American workers from job-related injury or death requires an adequate, prompt, and equitable system of workers' compensation as well as an effective program of occupational health and safety regulation.
(2) The vast majority of American workers and their families are dependent on workers' compensation for their basic economic security in the event such workers suffer injury or death in the course of employment.
(3) In 1972, the National Commission on State Workmen's Compensation Laws found that the system of State workers' compensation laws was `inequitable and inadequate'. Since that time, changes in reductions in State workers' compensation laws have increased the inadequacy and inequitable levels of workers' compensation benefits.
Serious questions exist concerning the fairness and adequacy of present workers' compensation laws.
|The collatoral damage in all this is the children, whether the family remains intact or is divorced the ecomonic impact is horrible and likely to condem
them and future generations to poverty. We met a group supporting children and found their format so pro-children/families that needs to be passed on. www.FatherWithoutChristmas.com
| State page hosters wanted. Protest photos encouraged.
Contact/mail your story to Injuredworkersday@yahoo.com