Workers Compensation - Washington

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

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Injured Workers Trying to Find Attending Physicians

Last Friday, my work week ended on a familiar note. Trying to reassure injured workers who can’t find attending physicians (APs). In my opinion, we have a real problem in Washington State finding willing APs. Particularly for older L&I claims or for injured workers with multiple claims.

 

The law allows injured workers to designate an AP of their choosing. This is important since an injured worker needs to be comfortable enough with their AP to place full trust in that provider and their medical advice. Having multiple providers decline the AP role is upsetting for injured workers. When the Department of Labor and Industries starts sending letters directing them to designate an AP, the situation only gets worse.

 

Attorneys should not meddle in the patient physician relationship, so I don’t have a list of doctors in my hip pocket ready and willing to do my bidding. However, when a workers’ compensation claim is in jeopardy, I think it is my responsibility to write letters, forward medical records, and even meet with doctors to help my clients obtain APs. If the matter ends up in litigation, certainly the question will be asked about whether I had any hand in my client establishing care with a particular physician. After conversations like the ones I had today, there are simply no alternative but to do what is best for my client.

Delivering Case Updates and News to Clients

We attorneys would all like to boast perfect success rates. But in reality every case ends with success and loss. That means attorneys sometimes have to deliver the bad news. In fact, in workers’ compensation, even good news can be bad news. For example, successfully getting a claim accepted for treatment also means the injured worker must acknowledge a life altering injury and accept that there will be a long road to recovery. Similarly, being placed on a pension, a significant monetary benefit, means that you’ve lost all reasonable wage earning capacity.

 

As you can imagine legal successes in workers compensation aren’t always cause for celebration. Even with the best outcomes, injured workers aren’t always satisfied. As a result, I truly cherish conversations like the one I had today. A client shared how a new volunteer opportunity restored joy and meaning to his life. This kind of joy is far greater than any claim related outcome will ever be. I’m glad clients allow me the opportunity to share in these kinds of joys. It helps me get through the darker days when all news seems like bad news.

L&I Medical Providers and Personal Experiences

Ever since January 2013, any medical providers treating injured workers in Washington State have been required to be part of the Medical Provider Network (MPN). This includes physicians, chiropractors, naturopathic physicians, podiatrists, ARNPs, PAs, dentists and optometrists.

 

Over the past few days I’ve spent some time introducing myself to local MPN members that treat the injured workers I represent, and it has been a wonderful experience. I have really enjoyed meeting other professionals who are equally committed to helping injured workers successfully navigate through their claims.

 

What I’ve learned from these conversations is that I share many of the same concerns, frustrations, and challenges as the medical providers treating injured workers. As a result, I’m looking forward to continuing collaborative dialogues with these providers in an effort to find solutions for our shared concerns, frustrations and challenges, as we work together to achieve productive claim progress and appropriate outcomes for the injured workers we help.

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