By
Eliot Yaffe
Oklahoma business leaders should ask insurance companies why workers? compensation insurance rates continue to be high, even though Gov. Mary Fallin and the state Legislature have made comprehensive changes in the system in the past two years.Insurance rates for small businesses are higher today than 10 years ago, although there has been a 40-percent reduction in the number of claims filed annually with the Oklahoma Workers? Compensation Court. The maximum permanent disability rate has been frozen for several years, yet insurance rates continue to rise. Fallin and the Legislature have supported the implementation of a medical fee schedule that limits reimbursement for medical treatment similar to the Medicare fee schedule.
Any informed observer of the court is aware of major changes to the system. In July, Fallin replaced four judges. The new judges are well-respected attorneys with backgrounds representing employers and insurance companies. Fallin will have an opportunity to replace four more judges in 18 months.
It?s certain that when official numbers are released at the end of the year, court records will show that denial of workers? compensation claims has increased, permanent disability orders are lower, and even fewer claims are being filed with the court. Disputes are being heard by a judge quicker than ever before. Recent legislation has streamlined the process whereby injured workers and employers can resolve their differences quickly, especially in the growing number of cases submitted to mediation. In a historic move, the Legislature passed a new law in 2011 that does not require an injured worker to be represented by an attorney in a formal mediation of his or her case.
The most significant change in the state?s workers? compensation laws in a half-century, instituting strict medical treatment protocols, was contained in the 2011 legislation. The protocols are part of the nationally recognized official disability guidelines, or ODG. Even though the use of the ODG went into effect only nine months ago, the number of complex surgeries has decreased, repetitious diagnostic tests have been curtailed, and expensive pain management has decreased.
The control of medical treatment is especially important to employers. More than 50 percent of the cost of an average workers? compensation claim is for medical care. Adoption of the ODG was a milestone for the Legislature that will pay huge dividends in the future in the form of reduced medical costs. If a worker is spared an unnecessary surgery, it is a win-win situation for both the employee and the employer. In a cost analysis, prevention of a three-level back fusion saves the employer about $75,000 in additional weekly benefits, the cost of the surgery, permanent disability, and pain management for life.
New legislation has also made it easier for an injured worker in Oklahoma to obtain benefits without the help of a lawyer. It is a great myth that lawyers are receiving a huge portion of workers? compensation benefits. In the most recent year for which statistics are available, lawyers for injured workers received less than 4 percent of money spent for workers? compensation benefits in the state.
The Legislature has done its job in changing the law to reduce the cost of providing fair benefits to injured workers. Perhaps it is time for the Legislature to hold insurance companies accountable and have them explain why rates are high while their profits have ballooned.
Eliot Yaffe is with the Foshee and Yaffe law firm in Oklahoma City.
Source: http://journalrecord.com/2012/12/18/yaffe-the-status-of-workers-comp-in-oklahoma-opinion/
ios 5.1 apple tv update new ipad release pregnant jessica simpson international womens day joe the plumber lra
কোন মন্তব্য নেই:
একটি মন্তব্য পোস্ট করুন