Workers' Compensation Section Focuses on Delay

by Frank A. Bailey, Chair CTLA Workers' Compensation Section

During the last two legislative sessions, the CTLA has submitted legislation to prohibit an employer from requiring preapproval for certain medical examinations and treatments. Both years, we came very close to having our legislation pass.

The Workers’ Compensation Commission has responded to our legislation by adopting guidelines (linked here) for the delivery of medical services to claimants. The Commission believes these guidelines will facilitate communication between payors and providers and, ultimately, lead to the speedy resolution of claims. The Commission believes that the guidelines make our legislation unnecessary.

These  guidelines, however, lack enforceability. They rely entirely on the willingness of medical providers, payors and claimants to cooperate. If there is no cooperation, these guidelines, albeit well-intentioned, will fail to achieve their designed purpose.

In order to demonstrate the ineffectiveness of the guidelines, CTLA’s Workers’ Compensation Section has created an on-line survey that we ask you, an associate or paralegal  to complete each time you attend a hearing concerning delayed or denied medical treatment. The survey and its questions are simple to complete with answers coming directly from your claimant’s file.

By compiling claims information, we can demonstrate to the General Assembly that the WCC needs legislative authority to ensure that claimants receive the medical treatment that they need and deserve.

Our data collection and subsequent legislative success for injured workers’, depends on your cooperation. 

Please give us a hand and let us know your thoughts

Note The link and survey can be used multiple times - so please bookmark the link.