Comments on: Audit Of Workers’ Comp Awards Sought

By: Jolie M

Jolie M — Mon, 18 May 2009 20:16:16 +0000

It is amazing to me that so many people that discuss workers comp reform, clearly do not understand the system, the system was designed to help injured workers’ end of story. The Commissioners take the time to read the medical reports that relate to causation and medical reports of the claim. They take all the medical documentation to assess the injury and body part created under the AMA Guidelines. So many people do not understand the time and expertise it takes to be a Commissioner. We have some very fair and impartial Commissioners at the Workers’ Compensation Commission, Commissioner Barden goes way out of way to work over a 40 hour work week along with her colleagues, these people that complain about the system, have never awakened at the crack of dawn and driven all over the state to hear workers compensation claims and then come back very late in the evenings. It is a tireless and thankful job, they direct fair and impartial medical care and treatment for the Claimant’s of South Carolina. Commissioner Lyndon does not even live in Columbia and travels all over the state, he is without a doubt one of the most compassionate and knowledgeable Commissioners, just because some of you may have had a bad experience, one bad apple does not spoil the whole bunch. I think that Commissioners, Beck, Barden, Lyndon, Williams, Huffstetler, Roche and Wilkerson do an outstanding job of claims in this state. Some of you need to attend a seminar on the rules and regulations of workers’ compensation laws. Most people talk out of turn without knowing the facts and situational cases of the Claimants and the medical documentation. Get off your soap box and deal with the real issues and concerns of our State. Certainly, Mr. Peeler has better things to do with his time, like go milk his cows… that would be his area of expertise.. Let the people that know what is going on do there jobs that they took an oath to do.

By: Silence Dogood

Silence Dogood — Sun, 17 May 2009 17:25:37 +0000

Reddrumesq., I have signed enough Form 19 – that were approved by the Commission to know that this is not the case. Furthemore, unless you close every case in a month, then you are not turning in your fees which you bill and are paid each month (or quarter) by your client. Apparently in violation of the statute and reg. you cited. Furthemore, nobody submits their fees which they paid to the hospitals and doctors for approval by the the SCWCC unless they are going back against the SCSIF for reimbursement or need to get the amounts re-priced to keep them within the fee schedule – which to the chagrin of healthcare providers is only 140% of medicare but HASN’T been redone since 2003. NONE of the defense attorneys I spoke to said they are required to turn their fees agreements or amount of fees paid into the Commission for approval.

Sorry Red. Again I am not talking about hourly fees for plaintiff’s attorney, but for defense attorney’s.

By: reddrumesq

reddrumesq — Sun, 17 May 2009 16:23:39 +0000

Hourly attorneys fees are submitted to the Commission on a Form 19 dumbass

By: Silence Dogood

Silence Dogood — Sat, 16 May 2009 19:01:49 +0000

Reddrumesq. you can actually disregard my last I just read the work. comp. Reg. 67-1204 that you cited in a prior comment and then read the follow Reg. 67-1205 which talks about what constitutes a “reasonable fee,” for anyone who knows anything about law and the w.c. system, just reading 67-1205 will very quickly inform you that the fee petitions are indeed only filed and applicable to agreements between Claimant’s and their attorneys. Therefore red, I now know you are either (a) a Claimant’s attorney or (b) an absolute fraud and liar about submitting your fee petitions to the workers’ compensation commission and…(c) either a paralegal, summer law clerk at firm tht practices work. comp. – maybe a plaintiffs’ firm? or just a smart ass law student who maybe took a semester long seminar on workers’ compensation last year…

By: Silence Dogood

Silence Dogood — Sat, 16 May 2009 18:56:09 +0000

Reddrumesq, no need to say I am delusional, my question was about whether or not a “soft tissue” injury would qualify for an impairment rating under the AMA Guidlines, you answer was that I was delusional (I took tht to mean yes). So combining that and you last comment that those awards would earn you a pay out in workers’ comp. under 42-9-30(?) but not in circuit could is just very interesting to me. If I can show fault and damages – in the form of a “soft tissue” injury which results in a permanent impairment rating per the AMA Guidlines you think that would not entitle me to a tort award in circuit court, even though I could get paid at the commmission?

Secondly my comment was tht defense attorney’s in comp. do not submitt their fees with clients for approval at the commission. You simply stated “Silence, I’ve submitted my fees for approval by the Commission in every single case I’ve ever handled, as do my partners and associates and every other attorney who practices workers’ compensation in this state, as required by statute.” So my question is do you practice W.C. defense -if you do, are you seriously telling me that you submitt a Form 61 to the SCWCC in every case you handel, every month, each time you receive a check from the insurer or self insured??? Even though the new Form 61 is much more simple, under the old Form 61 – if you practice defense – that means you not only submitted your monetary to the clients, but also your hourly billing to the client for those bills. Some how red, if you answer yes to tht question, I am not going to feel you are being completely honest.

By: reddrumesq

reddrumesq — Sat, 16 May 2009 03:34:14 +0000

Silence, I’ve submitted my fees for approval by the Commission in every single case I’ve ever handled, as do my partners and associates and every other attorney who practices workers’ compensation in this state, as required by statute. If a defense attorney didn’t submit their fees to the Commission, the Commission would not close the file. You are simply misinformed (as further evinced by your delusional assumption that minor injuries are not compensated under 42-9-30).

By: Silence Dogood

Silence Dogood — Sat, 16 May 2009 01:41:22 +0000

Reddrumesq. I do know a few things about comp. and despite the regulation you cited I have never met a defense attorney that puts forth their fees or fee agreements in each case to be approved by the SCWCC.
Do you really think the reason workers’ compensation systems being passed in most states back in the 1930ish was for the sake of the benefit of trial (presumably plaintiff’s) attorneys?

Also, you referenced “typical jury verdict for a soft-tissue injury” being less than in comp. I thought in workers’ compensation you had get an impairment rating per medical guidelines to get paid for a percentage of the part of the body you hurt. Soft tissue damage doesn’t appear like it would garner you an award under S.C. workers’ compensation code unless you could show a loss of earning capacity from it??? I know you can get a mininmal amount of money for scarring, but I imagin when you say soft tissue injury you meant something else.

By: reddrumesq

reddrumesq — Fri, 15 May 2009 19:57:01 +0000

Cadetsuperintendent, before you charge me with making an inaccurate statement, you might want to take a look at 42-15-90 (”Fees for attorneys and pshyicians and charges of hospitals for services under this title SHALL be subject to the APPROVAL OF THE COMMISSION…”) and Regulation 67-1204 (”An attorney shall report and obtain approval of any fee for services renedered in a workers’ compensation claim…”). Again, not that it really matters…

Silence Dogood — the vast majority of workers’ compensation claims do not involve OSHA violations or any negligence on the part of the employer and the typical jury verdict for a soft-tissue injury is far less than a workers’ comp award for a similar injury (and it is certainly easier to prove a workers’ comp claim). It was because of these very facts that the trial lawyer lobby allowed the passage of workers’ compensation laws in the first place and have not since sought their repeal.

By: ges

ges — Fri, 15 May 2009 18:52:12 +0000

Reddrumesq. i want you as my defense lawyer, who are you?

By: Charleston SC

Charleston SC — Fri, 15 May 2009 09:03:39 +0000

Bright isn’t bright. All the more reason to oppose.