LEGAL STRATEGIES TO INCREASE LEGAL FEES AND #WorkComp PREMIUMS TODAY

Rule #1:  “…. so, ignore all protests that appear widely in Social Media and Industry outlets…..”

  • Got #TBI?  Lawyer Up? Patterns of Practice in the #WorkComp Industries in America?

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  • The pattern of practice in the WorkComp industries in America for treatment of traumatic brain injury appears to be:

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    1. Immediately terminate disability benefits upon confirmation of diagnosis of brain injury in any of the ICD-9 codes (Within 90 days.)  Delay and Deny all requests for experts and medical care, without fear or consequences until death or settlement, whichever comes first.

    2. Shift financial burden to State agencies, delay reimbursements as long as possible, and negotiate severe discounts at InjuredWorker and tax payer expenses for lien settlements.

    3. Authorize numerous expensive medical evaluations by Orthopedic Surgeons and non Brain Injury experts, and ignore/deny/non-recommend all recommendations for specialist evaluations and treatments; do not even reimburse medical miles to injured worker, adding to financial hardships created.  Discount medical fees severely, and terminate doctors (temporarily or permanently)  from MPN if they try too hard to obtain medical care authorizations.

    4. Offer premature settlement of $100,000, less attorney fees, without benefit of proper medical evaluations and immediate reasonable and necessary treatments after approximately one year of 3-D practices, Delay, Deceive, Deny…

    5. Premature settlement offer also requires injured worker to forfeit any future medical treatment, forfeit right to apply for social security disability, forfeit right to unemployment and yes, it also requires resignation from employment, without recourse. Attempt by carriers to shift burdens to ‘Affordable Care.’

    Advise clients to have absolutely NO RETURN TO WORK interactive process and shun all requests for RTW with or without accommodations.  Rely on doctor’s regular reports of TTD, and continue to fail to authorize and/all requests for medical care that would facilitate RTW.

    6. Omission of medical records with intent to deny medical care is an apparent successful common pattern of practice, involving days of Judge face-to-face time to obtain Court Order for defense to include all medical records. No consequences when patterns of deceptions and med-legal chicanery continue. Doctor reports moving dates of injury a year forward to falsely substantial first year records as evidence of ‘pre-existing injuries’ seems to be another standard practice, and when objected to, dates are corrected in expensive supplement reports, but not conclusions.

    7. Designation of an Orthopedic Surgeon as the Primary Treating Physician, with initial intent that said MD would organize specialty doctors, then all specialty requests for evaluations and treatment with specialty doctors are to be ignored or passed on to UR, without full medical evidence, for further non-authorizations.

    WC evaluating neurologists suggest analgesics for TBI, and exercise, despite vestibular disorders, and seem in the dark that vision processing is via the brain, not the eyes.

    8. In collusion with others in the legal & work comp field, when competent counsel has not been secured by injured worker, continuous file churning for profits is the pattern of practice, along with bullying, terrorism and threats not only to injured worker, but to doctors requesting appropriate medical care; some threats appear to fall into the category beyond fraud to extortion?

    Such actions appear approved by not only WC but also DIR and DA and DOJ? Adult Protective Services frowns on the practices that cause continuous harm to such injured workers, and are unafraid to speak up. Salvation Army has also proven it’s charitable contributions in California. Local Crisis Center, State Funded, are also a source of help to injured workers when WC fails.

    If #InjuredWorker refuses to be drugged for compliance with legal chicanery, Defense can offer legal opinion of incompetence and suggest designating “Conservator”.

    IF Injured Worker fights back and cannot find competent WorkComp legal counsel, and Judge refuses to allow hourly-fee-basis legal help to unrepresented worker, although the guidelines suggest it is within the Judge’s authority to do so, ignore all protests that appear widely in Social Media and Industry outlets.  

    Object to any/all InjuredWorker  offers for mediation and settlement with lawyer-ly rudeness disguised as politeness, audacity, arrogance and further bullying….for more billable hours. Read nothing, “just say no.”

    9. Full breach of all fiduciary responsibilities to insured corporation and injured worker, without consequences and without Claim Audit by Corporation.

    Results? DRAW YOUR OWN CONCLUSIONS.  See More:

    16 posts

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