Tara Reck, Managing L&I Attorney at Reck Law PLLC - Workers' Compensation Attorneys

Category: LNI News (Page 12 of 22)

Office Careers Retraining Program in L&I Claims is Under Investigation

Last night, there was a news broadcast on King 5 News regarding a vocational retraining program called Office Careers. This program has been approved by the Department of Labor and Industries (L&I) for a while. Since then, the local workers’ compensation community has been a buzz.

 

The Office Careers news report

According to the investigation, L&I paid millions of dollars over time to this unaccredited retraining facility without any proof of success. As a workers’ compensation attorney representing work injury claimants in Washington State, I am thrilled to see that this issue is finally exposed. In my experience, Office Careers is the “go-to” program that vocational counselors select to retrain some of the most disabled and challenging injured workers.

 

Why do vocational counselors like Office Careers?

As I see it, Office Career has become the default vocational retraining program. In my opinion, it’s because they claim to provide job retraining after a work injury that anyone can pass. However, it’s because they provide injured workers with the bare minimum marketable skills (at best). As a result, the people retrained after a work injury might be able to obtain basic minimum wage office assistant type work.

 

At first glance, the program seems ideal for injured workers living in more remote areas. That’s because Office Careers offers an entirely online retraining program. This eliminates the challenges and hassle of finding an onsite retraining program within a reasonable distance of the injured worker’s home.

 

Personal experience with the Office Careers retraining program

My client, who wishes to remain anonymous, was watching the news report the other day and gave me permission to share the following information. L&I said that this client is capable of retraining at Office Careers back in October 2018, through her L&I claim. I submitted a dispute to L&I arguing that my client lacked the aptitudes to succeed in the program. Moreover, I explained that the injured worker was being set up for defeat and failure. Here, my rational was that this work injury client has already undergone aptitude testing and received very low scores.

 

In this case, it was pretty obvious that the injured worker would need additional time and assistance to complete a GED before moving on to the program with Office Careers. Despite my arguments, L&I approved the retraining plan. My client started a GED program at a local institution but struggled to pass the testing to obtain the GED certificate. The vocational counselor wasn’t happy with the lack of progress from the local GED program. Because of this, the vocational counselor pushed for a plan modification that would involve the GED course and a general clerical course though Office Careers.

 

From in-class GED program to Office Careers

In the plan modification report, the vocational counselor stated that: “Office Careers provides the GED training and has Spanish and English-speaking instructors to assist [the work injury claimant] in passing the test”. Despite my client’s lack of success in a local in-class GED program, L&I approved the modification. Under the plan modification, Office Careers would collect over $17,000 in tuition. The injured worker started the program at Office Careers in September 2019.

 

Within the first three weeks Office Careers wrote a progress report indicating that “it might not be feasible in the timeframe of this program to prepare [the injured worker adequately] to succeed at GED” due to the worker’s low scores. It was known that the injured worker had learning disabilities. It was evident that my work injury client had only a 6th grade educational level prior to starting retraining. In a progress report from December 2019, Office Careers stated that it is “hoped that a person starting GED training (or equivalent) starts the process with at least an 8th grade understanding as a starting point”. The injured worker continued to struggle with the retraining program even though they put forth their best efforts to succeed.

 

What’s next in this L&I claim?

Ironically, today my office received a vocational closing report indicating that this work injury claimant cannot benefit from the retraining program. Consequently, they are discontinuing my client’s vocational retraining services. We knew that this determination was coming. However, it doesn’t lessen the devastating impact on this injured worker.

 

This process has been exhausting and demoralizing. It has done nothing to benefit an injured worker trying desperately to recover from a devastating industrial injury. We applaud the sharp investigative reporters at King 5 News for bringing this issue to light. And, we pray that this news will create a wave that will change the attitude towards retraining services that genuinely benefit injured workers.

L&I Claim Fraud Hurts People with Work Injury Claims

Over the last week, the Department of Labor and Industries (L&I) issued two separate news bulletins about L&I claim fraud. Without question, people who defraud the workers’ compensation system in Washington State hurt other work injury claimants. It is a very serious matter. Again, anyone that commits any type of fraud relating to a workers’ compensation claim hurts injured workers.

 

Workers compensation fraud in L&I news

In one case, L&I received an anonymous tip that a Renton delivery truck driver was collecting workers compensation pension benefits while working. L&I says that this has resulted in one of the largest fraud cases in recent history. The accused man has been charged with theft of $325,000 in disability benefits that he wasn’t entitled to. Over the course of a 2-year investigation, L&I uncovered evidence including traffic infractions, payroll records, and trucking logs. The evidence shows that the man worked transporting apples between 2012 and 2017 while collecting disability pension benefit.

 

In addition to driving, the man was also reportedly lifting loads of 100-500 pounds. Clearly, it’s a very physical demanding work. Individuals are only entitled to pension benefits under their L&I claim or workers’ compensation claim if they are incapable of working as a result of their industrial injury or occupational disease. The man filled out declarations under oath stating that he wasn’t working, even though he was. Consequently, as is permitted under the Industrial Insurance Act, the Attorney General’s office is now prosecuting the man for felony fraud. At the same time L&I found that he willfully misrepresented himself and has demanded repayment of the benefits he wrongfully collected (with a 50% penalty on top).

 

Another case of workers compensation claim fraud

In another case this week, a 65 year old commercial real estate broker from Bothell pleaded guilty to attempted second-degree theft. As a result, he has been sentenced to 60 days jail time (with home monitoring) and 2 years probation. In addition, he must repay $86,484 to L&I in benefits that he shouldn’t be receiving. Upon investigation, L&I obtained damning surveillance footage, business records, and even exchanged undercover emails with the man regarding his services.

 

Workers compensation attorney and L&I attorney point of view

First and foremost, as an L&I attorney and workers’ compensation attorney representing workplace injury claimants in Washington State, our office condemns any and all claim fraud activity. At the same time, when I read stories like these, I am very conflicted.

 

On the one hand, fraud must not be tolerated. It is fraudulent activity that places all people that suffer a work injury under suspicion. On top, it drains the accident fund in Washington State: I believe L&I spends tremendous resources chasing cases of alleged fraud. Often, the injured workers that are investigated are innocent. They go through hell before that’s determined. Additionally, many work injury claimants spend their days fearful of doing something that will be perceived as fraud. That’s because work injury victims have been accused of fraud for engaging in simple activities like grocery shopping.

 

L&I claim videos showing work injury claimants

I regularly receive video footage from L&I or from opposing counsels showing “fraud” activity concerning my clients. The resources spent by L&I to obtain such videos are significant, and in my opinion, are also misused. I’ve received many videos showing the wrong person. Moreover, I regularly get videos of clients that show nothing more than usual daily activities.

 

Injured workers should know that it is not fraud to engage in the activities of daily living. However, it is important to modify activities and avoid doing things that exceed limitations imposed by medical providers. This is not only to prevent fraud accusations. It is for recovery and to avoid a reoccurrence of an injury. If you are an injured worker who is contacted by an L&I investigator, it is probably a good idea to speak with an L&I attorney first.

Work Injury and L&I Claim Occurrences During the Holiday Season

Did you know that workplace injuries tend to increase around the holidays? According to organizations like the Department of Labor and Industries (L&I), many employers see an increase in workplace injuries just before or after the holidays.

 

Why do work injury rates increase during the holidays?

The US Department of Labor and the Occupational Safety and Health Administration (OSHA) performed studies to try and understand this phenomenon better. And, several studies suggest there are a variety of reasons for this. One reason is the number of new employees that are hired for holiday seasonal work. The studies have shown that work injury or injuries are much more common amongst new employees. Interestingly, another reason is that some employers ask workers to increase their workday and work more hours to meet holiday demand. Finally, the holiday season creates a busy and stressful work environment.

 

Back in 2016, the CDC published an article outlining the various dangers for workplace injuries and diseases for seasonal employees, especially in retail. In that article, the CDC identifies risks for work injury including crowd management, workplace violence, as well as long hours and shiftwork. The article also mentions risks such as prolonged standing, musculoskeletal injuries, and young workers.

 

Work injury and L&I claims for retail workers

By far, retail sales commands the greatest numbers of employees during the holidays. Explicitly, retailers hired an estimated 650,000 seasonal retail employees in 2018 to supplement the 4.6 million people that already work in retail year-round. Working to meet the demand of holiday shoppers takes a significant toll on workers’ physical and psychological health. Exposure to stressful working conditions decreases retail wellness.

 

Retail workers exposed to repeated stress at work demonstrate a number of symptoms. The symptoms include headaches, stomach problems, increased blood pressure, difficulty sleeping, and mental fatigue. Those symptoms, in turn, cause difficulty focusing, concentrating and paying attention to detail. As a result, it produces a work environment that is a “perfect storm” for workplace injuries. Furthermore, injuries in environments involving industrial equipment can be severe and even deadly.

 

Final notes and summary

The CDC and OSHA wrote several guides and publications to help retailers improve the working environment for seasonal employees. Simple processes designed to provide support for employees and reduce workplace stresses have been effective in lowering the number of workplace injuries that happen around the holidays.

 

If you are an employee in a stressful holiday work environment, please be safe this holiday season. Make sure that you take breaks when needed, that you are getting proper nutrition and hydration, and that you are getting plenty of sleep. When working, do your best to ensure that you are clear minded and focused. Please stay safe out there!

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