www.voicesflorida.com

Carriers Win; Workers Lose essay by a supporter of VOICES

When will lawmakers take up workers compensation reform that will affect positively the systemic and unlawful problems experienced by injured workers?

Some background:
In 2003, a so-called reform (SB50-A) accomplished nothing for the workers, except a single improvement in the death benefit for those who die as a result of a work injury. The net result was a large loss for injured workers. Lawmakers trumpeted loudly how this was a great reform and that workers had gained a great deal. They must have voted on a different bill than the one that passed. My response to their ridiculous assertions is "Balderdash" and other less elegant retorts.

Appalling reforms found in SB50-A further injured the already injured. Insurance companies danced in the street, having accomplished their goals of creating avenues now legally sanctioned to avoid compensating workers.

Their effort was all about increasing their bottom line at the expense of the workers' bottom lines.
They won; workers lost.

Lawmakers got to say they reformed workers comp.
They won; workers lost.

The governor got to say he dealt with the horrible thought that carriers would leave the state.
He won; workers lost.

Interestingly, during the same session, medical malpractice was a contentious issue, culminating in a lot of about-faces by those giving testimony when they were required to testify under oath. Workers comp testimony givers, many of whom were the same persons who testified at med mal hearings (and changed their stories after having to testify under oath), never had to undergo such rigorous truth requirements and the lies were just as big. Hmmm....
Truth for workers compensation testimony just didn't seem very important.
Carriers won; workers lost.

A major issue that chronically plagues injured workers is that there is really no effective point of accountability for carriers. There is a single tiny point, not well or often used because of what I believe is political pressure brought on the EAO in the Division of Workers Compensation by insurance carriers and big business interests. Any accountability that is possible is left to the totally overwhelmed workers comp court system. Fortunately for carriers, the 2003 reform put limits on claimant attorneys fees without putting any further limits on plaintiff attorney fees. This makes it even easier for the carriers to avoid punishment and accountability for failing to provide the legal remedies that are ripe and owing to injured workers.
Carriers win; workers lose.

When will the lawmakers realize that the loud complaining by well-heeled, heavily contributing whiners (carriers) was silenced by capitulating to those powerful lobbyists' desires?
Carriers win; workers lose.

When will they realize that the consistent, underfunded and totally not-powerful cries for help by people who have no influence and only the power of the vote were ignored and marginalized even further?
Carriers win; workers lose.

When will they realize that the only interested party in the workers comp consortium which is never allowed to be represented and which never gets any favor is the injured worker?
Carriers win; workers lose.

When will they realize how truly badly and illegally the injured workers of Florida who suffer so-called catastophic injuries are treated by the carriers?
Carriers win; workers lose.

When will they realize that it often takes YEARS for many injured workers to get their cases of injustice heard by a judge? And that the judges are appointed by a governor who may wish them to lean heavily on the side of business? Justice is not swift, nor sure.
Carriers win; workers lose.

When will lawmakers realize that the complaining carriers who carp about lawyer fees pay those fees ONLY when they (the carriers) are found guilty of not providing the services that are ripe and owing the injured worker to start with? Does this not make a thinking person realize that the attorney fees "problem" could be essentially eliminated if the carriers would follow the law without delay?
Carriers win; workers lose.

It reminds me of the commercial where the executive is getting a new phone so he can "stick it to the man." "But aren't you the man?" he is asked? The carriers' are sticking it themselves and then complaining about it. And the legislature believes it!

What unmitigated gall. This is arrogance so amazing that it leaves me stunned.

So my question is: when will the legislature take back its moral authority, stand up for what is best for the people of Florida, and make effective reforms for the employees of all those businesses that are just throwing away their money on w/c fees, fees that employers are required to pay to buy services that are not delivered, because there is no final authority that actually makes it imperative for carriers to follow the law.

Carriers win; businesses pay for nothing; workers lose.

(There are many specific examples for each of the above points that can be proferred, should the reader wish to know more. Contact VOICES.)