[pbs911]

I've been through the WC system. Beleive me it is not a lottery ticket. I was really hurt, to the point I couldn't even standup for weeks. That happen about 12 years ago and I still have problems. The problem was I was not able to receive any legitimate medical attension for 10 days after the accident. Until that time I was required to receive treatment solely thru my employer's doctor. Even then the WC insurance fought me to receive any medical attention or for the pittance I wasentitled to receive for not being able to work. I was forced to find an attorney to receive medical attention. If I had suffered the same injury outside of work, say in a car accident, I would have been a millionairre. Because WC is designed to protect the employer, I recovered less than the cost of a new truck.
With attorneys handling WC cases, you have a double edge sword. In Ca, plaintiffs attorneys are no longer getting rich due to changes made by the CA Supreme Court that limited liability. Plaintiffs WC attorneys have to handle thousands of case to make a living. They are not getting rich. The claimants are not getting rich. The defense attorney have the ultimate conflict of interest. Required to bill a minimum hours, they have no incentive to resolve a case. The longer they have a case the longer they can bill.

I deal with insurance companies every day. I can't believe how many are in liquidation or leaving Ca. But then again they are in it for profit. Insuarance companies do not like to pay, only collect. If you look at Insurance companies such as AAA they prosper because they are not profit orianted. They are there to respond to claims, not to make the CEO and other officer's wallet fat.

For me the problem lies in the insurance companies. The entire system would probably benefit from a State fund that operates at a non-profit level. Put govt attorneys and doctors on the case and respect a claimant's rights to medical treatment and some form of compensation. The problems comes with the cost incurred by fighting a claimant each step of the way. Do you need to spend $3K on a deposition, $1K on written questions, $1k for correspondence, $3k for court appearances, and $4K to get a Dr. to make an IME when the total compensation to the claimant is under $20K? Eliminating the process won't help. Eliminating insurance companies from fighting WC appeals board denies an individuals constituional right to due process. It won't and can't happen.

Everyone has a stake in the claim. The doctors, lawyers and claimant. Whe nthe smoke clears, the compensation is divided up. As pointed out it is not uncommon that bills are padded since they know they will actually receive less. Using one's medical insurance will not work because the individuals medical insurance company will just sue the employer to recoup since they are the cause of the accident.