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

Category: Time-Loss (Page 7 of 7)

L&I Threatening to Close Injured Workers’ Claims

If you follow my updates on Workers’ Compensation issues in Washington State, you know that over the past two months I’ve written several posts outlining some of the difficulties injured workers face when trying to obtain new attending physicians within the Medical Provider Network (MPN). To recap, I find it incredibly problematic that injured workers, especially those with older or more complex claims, have extreme difficulty finding MPN providers willing to become attending physicians.

 

This week my feelings regarding this issue have progressed from frustration to outrage. The reason for my outrage has to do with RCW 51.32.110 and WAC 296-14-410. Under these laws, injured workers who are deemed to be non-cooperative may have their claims suspended and benefits stopped. Non-cooperation is when an injured worker and/or their representative obstructs or delays the progress of the claim. RCW 51.32.110(2) specifically identifies behavior that is considered non-cooperative: (a) refusing to submit or obstructing medical examination, (b) persisting in unsanitary or injurious practices which tend to imperil or retard recovery, or (c) refusing to submit to medical or surgical treatment reasonably essential recovery or refusing or obstructing evaluation or examination for the purpose of vocational rehabilitation or not cooperating in reasonable vocational rehabilitation efforts.

 

Nowhere in the statue does it indicate an injured worker should be considered non-cooperative, have their claim suspended, and their benefits stopped because they cannot find a willing attending physician. Yet, in two separate cases involving injured workers I represent, this week the Department of Labor and Industries (L&I) has sent letters threatening to find the injured workers non-cooperative because they cannot find willing attending physicians.

 

This kind of punitive behavior on behalf of L&I is a travesty and an injustice to injured workers. The Department of Labor and Industries should be ashamed this kind of claims management practice exists. I will certainly be addressing the inappropriateness of this practice under the Industrial Insurance Act.

Retraining Injured Workers in Washington State

If an injured worker cannot physically return to their job prior to the injury in Washington State, he or she can be retrained. I feel very conflict about retraining injured workers because, in my opinion, some of the cases we see are unrealistic.

 

Retraining has a cost cap and cannot take more than two years. We see good loyal workers with lifelong heavy labor work histories, relegated to desk jobs. While still grieving over the loss of a career and collapse of retirement dreams, they are enthusiastically presented with retraining plans for basic “clerical work”. Introduction to computers, basic keyboard typing, phone etiquette, intro to Microsoft software products, and so on.

 

The goal is entry level, minimum wage, clerical or office work. When the worker voices concerns or doubts, they are frequently brushed off and ignored. This week one client started a plan and failed, and was being presented with a new skeleton plan. The new plan includes terms of repeated classes on the assumption he would fail the first time around. Another client’s plan included one handed basic keyboarding. Does the term “hunt and peck” sound familiar?

 

I am supportive of retraining, but I cannot ignore the legitimate frustrations and fears my clients express. There must be a better solution. I am very grateful to live in a state that cares about its employees and labor force. However, I know I am not the only person feeling this conflict in the retraining process. These are people’s lives we are talking about. They cannot be taken lightly. How do we work together and find a better solution?

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