Workers Compensation NATIONAL DISCUSSION that includes Voices of Injured Workers

Tuesday, May 10, 2016

Assume Responsibility

I know I’m going to get flamed for this blog post, but I have always committed to telling the story the way I see it.
I have taken on insurance companies and their executives, doctors and other medical vendors, attorneys and the legal profession.
Politicians of course haven’t escaped my vitriol, and employers also haven’t escaped criticism.
The only workers’ compensation population that hasn’t been met with cynicism has been injured workers.
There’s two sides to every story, as they say. 
Most in the work injury protection schema do good deeds most of the time for most people. There are some times when things go awry, either intentionally or negligently. I get that. There are also laws and regulations that don’t work effectively, or have contraindications which contaminate too large a population. I get that too.
Workers’ compensation, or any form of work injury protection system, requires a lot of people to synchronize. Synchronicity is not easy. Sometimes the harmony goes awry. That’s how life is.
Recipients of system failures get a raw deal. Sometimes it’s corrected. Sometimes not. Sometimes the correction doesn’t meet the expectations of the recipient and other times it exceeds expectations.
Most move on, find their new paths in life and return some positive energy back to the world. They aren’t in the same place they were before injury, and certainly it’s a struggle to shift directions, particularly later in life and particularly if unprepared financially and emotionally for an alteration to the expected path.
The vast majority do move on, find positivity in life, strive to make the most out of it, and refuse to let life get in the way of living.
However, there’s a vociferous militant minority of the injured worker population who have made it their mission to inform the world of the injustices imparted on them by “the system” and all its nefarious participants.
They have ridiculed most all work comp sectors named above, but have spared me for the most part. 
I’m sure that will change now.
Here’s my gripe: these unmodulated venters are all about negativity, and offer nothing to resolve either their own issues, or the issues facing the workers’ compensation institution.
These folks have taken to the immediacy and vast reach of the Internet to let the world know about the work injury commercial complex; how all of workers’ compensation is out to get them, and you too. They rail about injustice, and about conspiracy, profits, and ill will towards all.
They hijack award systems to claim, incorrectly and falsely, victory andacknowledgment.
Even after being adjudged fraudulent themselves…
If your opinion opposes their’s, then crucifixion and burning at the stakes begins and doesn’t stop until the witches are excoriated.
But never, ever, is there a solution suggested, or any attempt to make a positive change. 
Just victimization.

You may not choose to BECOME a victim, but you do choose to REMAIN a victim…
You all know who I’m talking about. I know you’re upset at bloggers, at TPAs, and a whole host of other people connected to the work comp environment, and this is fueled by your personal experiences. I completely understand your emotions and what you believe in.
You have drawn ire from people in the industry, but it’s not because you are being vilified, or because they have a disdain for the injured worker with a voice, or any other malicious reason.
It is very simple – you offer nothing positive relative to change.
Anyone can complain. Few do anything to effectuate change.
Drawing attention to the negative does nothing to further the conversation, offers no solutions, provides no road map.
It’s easy to foment revolution, but revolution without offering a solution (and not nationalization of work comp or calling in the National Guard) simply ends with anarchy.
Some have gone as far as criticizing their own – people who are working hard at making changes in their own way. There is a visible injured worker population who are doing something POSITIVE. They have taken their rage, disgust, observations, and done something that helps others. It is long, it is tough, it is out of the ordinary – but it is effective, demonstrates a solution and one that will likely result in positive change as organizations review and study what is being done and then implementing it it their own systems.
It simply is not enough to complain. Everyone has a complaint. A complaint without a solution is bullshit. You may as well just dig a hole and hide because no one is going to pay attention.
Everyone knows that bad things happens in work comp and that there are profiteers off of the injured. That’s no secret.
So what are YOU going to do about it? 
Working outside of the system, criticizing others, denigrating the institution, doesn’t help anyone, anywhere, and in fact makes one simply a militant.
The answer is to work WITH the system. Everyone does it in their own way. They work, and work hard, with other people that WANT to make a difference understanding that this is not a one person job; hell, it’s not even a job for a community, but a job for an industry of people.
Maybe I call them as I see them, but I also work with the top leaders to help with change.
It doesn’t happen quickly. Heck, sometimes it doesn’t happen at all.
But other than publish vicious attacks, why not study the system, study the law, the regulations, and PROPOSE solutions that a politician or regulator or chief executive, or any other leader can endorse and work with?
What has happened, through this militant virulence is that your credibility as an activist is suspect because you attack everyone (and I’m sure to end up on that attack list because of this post).
Here’s the deal: Too many people don’t want to assume the same level of responsibility that they presume for their rights.
If you want change then make change happen with action. Actually DO something POSITIVE. Blogging, calling others names, denigrating the institution – none of that matters. 
What’s YOUR solution? How are YOU going to step up and BE change?


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  • Darren Fonzseau has left a new comment on your post “Assume Responsibility”:

    Possibly the one’s who need to “accept the responsibility”are the profiteers conspiring and stacking the legislative, economical, and judicial deck, against the injured workers grand bargain, for profits to start with?
    And the Nationalization of workers comp is not offering a solution? And lets go down militant road. I would say the man in Neveda who shot the work comp adjuster, was the one being militant. I would say Dr.s & insurance co’s who maim and deny for profit are being physically and economically militant. I would say industry mouth pieces, who arm themselves with guns and bullets, and feel the need to blog about that fact, are being militant. Out of fear of the injured they like to ridicule for voicing their valid solutions. Injured workers who blog and call out the bad players, for who they are, are not militant, but exposing those who conspire to harm for profit. Injured workers (are) offering solutions, just NOT OPT OUT!, but Single Payer as a solution. A Solution that folks who profit off the industry do not want to hear. And if the solution does not align with the conservative cost containing capitalist, then the injured workers trying to have their voices heard are shunned and labeled as militant. Just because the majority of sheep bow down and accept the abuse of their oppressors, does not mean we all have to. You yourself have reported on the injustice in workers comp, yet your answer for the abused are to learn to just accept an endure the abuse of their oppressors.
    Its not just the injured workers offering single payer or Nationlized care as a solution, but many other labor activists as well.The injured are offering solutions, just folks in the profiteering industry do not want to hear, nor agree with a solution that folks can not profiteer off. Brain Labor Report 2-24-2016 – State of workers compensation

    The injured, especially the non catastrophic ones, are being bullied and cost contained out of their grand bargain, you know this, and yet your suggestion is to just find a way to accept it, and learn to endure what the profiteering capitalist “GODS” have dealt us. So would you tell the spouse of domestic abuse to just learn to accept what their abusers is doing to them as well? Just because their spouse is more profitable, and powerful than those they are abusing? Is it the folks in the industry labeling the abused who are crying out about the abuse, as radical, crazy, or militant, just what the abusers in domestic relationships do to those they victimize? The injured workers are getting organized, and are doing more than just blogging to have our voices heard, and to expose the abuse of an industry that has ran amok, all for profits.
    How Workers Compensation Bully’s Injured Workers.

    [Read More by Darren Fonzseau on LinkedIn…  “Fighting for the Grand Bargain and the rights of injured workers” ]

    Posted by Darren Fonzseau to DePaolo’s World at May 10, 2016 at 3:55 PM

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  • Thanks for making my point Darren.

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  • Thank you for the censorship of the injured workers points of view, as well. I don’t know why you fear what injured workers have to say on the matter. What is it about our solution of SINGLE Payer, that scars you so much? All’s you did is make the injured workers point as well, that those in the industry that blog about it, are part of the problem, and do not want to hear the real solutions the injured have to offer.

  • Record straight – I (David DePaolo) did not remove or censure any reply to this post. Darren removed those himself (“This comment has been removed by the author” references the author of the comment, not the author of the blog).

  • David…you are so right, as I too have been attacked by the very person whose comments you removed. Derangement is in the air not only in politics, but elsewhere. Attacking a research organization out of New England that has nothing to do with injuring workers is a sign of derangement. Conversely, so too is attacking annual meetings of another organization that collects data for the industry to use. My writing has always been about speaking up for all workers injured on the job, including the ones who have been most harmed by bad actors. But the flammers are not the only ones who do harm. Those with big titles in the industry who ridicule new ideas, no matter how far fetched and outside the box, or border it is have also done harm by insisting that real change is not possible, so we just have to be content to keep doing the same things over and over again, and expect different results. Given what many of our fellow bloggers have written about the transition work comp is going through, it is clear that in the future, it won’t really matter what either side says, there won’t be work comp anymore, just one silo — health care.


  • Deranged or not? I have been invited by one of my State Senators to share my passion’s and views on the plight of the inured workers, before our humans rights commission. Possibly if our system is making folks “deranged?”, it is broken and harming the very folks its there to supposedly help to start with. And the only injured workers you have blogged about, are a couple of the very same injured workers, David is also chastising here today. And just for the record, David only censored one of my comments, it was I who removed all the rest. Have you been invited by any of our nations leaders,to speak at any of the human rights commissions on the injured workers plight? I didn’t think so. Possibly your not “Deranged” or out raged enough about the harm being done to the injured workers, all for profits of a few, for our leaders to care about what you have to say on the issue. Just saying. Possibly it was a derange workers rage, that got Sen. Sanders and the other nine Senators to speak up about the harm happening to injured workers to start with. U.S. Lawmakers Call for More Oversight of Workers’ Comp
    Of course I wouldn’t expect any of the industry bloggers to report on these facts, that our Senators are worried about the same issues, that the so called militant injured workers are trying to get exposed. Are these US Senators “Deranged, and militant as well? For suggesting Single payer that would get rid of the profiteering insurance cartels? Hmm? I wonder.

  • 1 of 3 comments: Hi David, We have turned to you in the past because you seemed to be one of the few people in workers compensation who are willing to acknowledge “the bad actors”, the fraud perpetrated by employers and others.
    Don’t take this wrong, David, but I wasn’t surprised. Not because I believe in what you have written about injured workers but because I thought that the industry “actors” would pressure you or that you would feel pressured to lash out in writing against some of the injured workers who are blogging, expressing themselves in what seems to be the only avenue we have. I believed that you would take this path for self-preservation within the industry or to help an industry that, as you wrote in the past, one of the industry vendors said to you, “David, you know that this {industry is dirty}”.
    I think that you already know this. We, injured workers, have taken other steps, many other steps. Those steps include contacting law enforcement who refuses to take any complaints against those in the WC industry who are committing crimes against injured workers including heinous crimes of maiming, essentially assault and battery of injured workers during WC medical procedures. Not only myself, but other injured workers have contacted Governor’s, including Jerry Brown’s office, Senators, Congressmen, Assemblymen, district attorney’s offices, news media, ProPublica, etc. We seem to have exhausted all ideas, thus, are left to write about our experiences if nothing else, but to warn the public.
    Some of us are in chronic pain not only because we were injured at work but, as in my case, I was systematically maimed by workers compensation “network medical providers”. My phone has been tapped since shortly after I filed a workers comp claim and still is tapped. My e-mails and computer hacked. I have been OVERTLY aggressively stalked, intrusions into my home several times, tainting of food and refreshments including ice-tea in my refrigerator, WC documents stolen out of my home INCLUDING a receipt from the DIR for the 84 pages of Exhibit’s that I turned in for trial, medical history stolen out of my home, camera lens finder gone from my home, my dog has been poisoned, my car vandalized several times, electronics in my home stop working, I was systematically and brutally maimed during workers comp medical procedures in particular the last lumbar ESI wherein I was brutally forced under anesthesia against my advance directives and maimed from my skull down to my tailbone no doubt out of some depraved strategy on the part of the defense, documents including my anesthesia paperwork have been falsified, I have been refused copies of documents at medical providers, I have been refused items that I have requested since January 2014 including a taped phone interview that I was recently informed is maybe missing, medical tests both inside and outside of workers comp falsified and much more. A workers comp investigator showed up at a medical visit outside of workers compensation and they cooperated with her!


  • 2nd of 3 comments:
    I have repeatedly tried to get law enforcement, DIR, DWC, WCAB, and many others to help but to no avail. I have spoken to “applicant attorneys” who have informed me that what I have experienced “happens” to injured workers. One medical provider who used to work in the workers comp system said to me, “You have to be corrupt to survive in this business.”
    According to the “National Center for Victims of Crimes”, the campaign of crimes and harassment that I endure actually has a name – It is called “group stalking” aka “organized stalking”. I have since found out that these campaigns of crime are perpetrated against injured workers (as well as non-injured workers) by law firms, employers and insurance carriers, etc. The strategy is meant to destroy the person who is the target in several ways that include financially, physically, professionally, personally and mentally. The next step is to then lure the injured worker into a psych evaluation wherein yet another falsified medical report will be issued that indicates that the injured worker is delusional or mentally ill. A “well oiled machine” that I understand has been utilized for a long time to destroy the credibility of the injured worker.
    Injured workers are left to advocate for each other. I write about what I am going through to warn other injured workers. I approached a well known applicant attorney here in CA, shared with him what I was enduring. I asked him to join with me and other injured workers to mandate a “Disclosure Warning to Injured Workers” that would warn injured workers and hopefully, subsequently, the nation, of the pervasive fraud, corruption, crimes and strategies that are commonplace in the WC industry. He said, and I quote, “We have enough trouble trying to get medical treatment for our clients.” Well, medical treatment is not what some of us received or are receiving when we were sent to physical therapy and surgery centers.
    Take responsibility, your title says. Well, the fact is, we are. We seemed to have exhausted what should be agencies that should avail themselves to help us. We’ve learned that insurance corporations, law firms and employers have extraordinary powers.. that they can commit crimes with impunity with others who are either colluding with them against injured workers or who are just as concerned about becoming the victim of “organized stalking”. I am assured, it’s about the money!!! Therefore, we are, like WC industry “actors” do, writing down our experiences, our points of view / observations and our warnings to other innocent injured workers / human beings.


3rd of 3 comments: Can you lend a pro-active hand and tell us, how do we get help from an industry that is driven by money that only the employer and insurance carrier has? Even the Judicial system in the WC industry is corrupt which, to my surprise, is no big secret within the industry! I’m told that the money that goes to district attorney offices throughout the State of CA is actually funded by the insurance industry! No wonder insurance carriers and their operatives aren’t the focus of crime within the WC system. District Attorney’s offices are focused on who is committing crimes to the disadvantage of the insurance carrier only, or so it seems. Going so far, I read, as participating in “malicious prosecution” of injured workers.
I have seen even the WCAB employees protect the defense in my WC claim. The Judge herself removed a two page document from my 84 pages of exhibits that I rendered before the trial and replaced it with a document that the defense attorney handed her at the meeting we had JUST BEFORE THE TRIAL. She asked me questions before the trial, about my documents as the defense attorney sat there and listened. It is my opinion that he realized that he shouldn’t put the HR Mgr. of the company where I once worked (was fired from less than 3 months after filing a workers comp claim) on the stand because he was then aware of where my line of questioning her was going. Then, Judge Gordon called me to the stand first. I learned after I was denied the right to present my side of the case, to speak on the exhibits that I submitted, tht the defense attorney decided not to call her. I had no money to pay the $40.00 plus mileage to call her as the witness so I intended to “cross examine” her. I can thank Judge Gordon of the Anaheim WCAB.
“Conspiracy” you say? I’ve heard that word several times from people within the workers comp system including during a phone call that I made into the WCAB I&A dept. as I was looking for help. It was also used by Judge Gordon as she questioned during the trial. It seems to be utilized to diminish the injured workers observations as they express their experiences and talk about fraud, corruption and perhaps crimes related to their workers comp claim – topics that you and other industry bloggers write too. I find that “interesting”. Perhaps, we as injured workers, should consider a tactic such as using the word “conspiracy” when the insurance carrier or employer whines about fraud that is minuscule in comparison.
If there are only a few “bad actors” then I and many other injured workers keep meeting them. How do injured workers “take responsibility” for the corrupt actions of others? I doubt that there are only a few. I would add that their powers have proven effective as we seek medical help even outside of the WC realm.
Regarding the blogging that a few injured workers (not myself) wanted recognition for… what was the harm in politely recognizing their efforts that are meant to help protect other injured workers?
I wish you the very best Mr. DePaolo, I truly do.


Google Search Workers Compensation National Discussion 5 11 2016 1245 pm pdt
THINK LOCALLY.  ACT GLOBALLY.  #OccupyVirtually and #DodgeTheRads!  
It’s DANGEROUS OUT THERE!  #StayOuttaTheStreets!!!
Google Search OCCUPY VIRTUALLY 5 11 2016 1103 am
UPDATE:  5/27/16

Let’s Add these Videos, Vlogs and Blogs to the American National Discusssion on Workers Compensation.  Let’s join forces with our allies in Canada, UK and Australia.

“So who’s committing all this fraud?” and causing such harm to Injured and Disabled Workers around the world?  If you know them, NAME THEM.



work comp guidelines diagram

WorkComp BEST BLOGS RESULTS? Without a Blog, an Injured Worker is UNARMED and Unprotected in America’s WAR ON WORKERS

ACTION ALERT:   FOLLOW THESE  “Best Blogs of 2016” #WorkComp Blogs and Leave Your Comments when you have something to add to the discussion. Then, CREATE YOUR OWN BLOG AND LET’S KEEP MOVING.    


Remember Remember the First Amendment.  PS Is it true that if you don’t know what your rights are, you don’t have any?  



NAIDW 54 million plus


Get your travel-passes ready for the upcoming Facebook WorkComp/Injured Worker Virtual Field Trip!


See the Industry “Top Blogs” links below and “Arm Up” —  #OccupyVirtually!


WE ARE THE MEDIA NOW ….  #DodgeTheRads …. says when one thing doesn’t work, we do other stuff, by any and every means necessary and available.


Since the Wilson’s “Best Blogs 2016” results are in, and apparently none of the 3 or 4 Injured Worker blogs made the list, and too few Injured Workers are able to blog for survival, let’s try another strategy.   Share more at the National Association of Injured and Disabled Workers  AND….

IF YOU ARE AN INJURED WORKER, attempt to write your story in 500-700 words or less, and submit, as a guest blogger, to each of the “Winners”  in the recent contest.  Links are below.

If you like, provide a courtesy copy of your submission to the author or various authors to for follow up.   We’ll see what we can do to pave the way to incite open-ness to your stories.

What’s YOUR WorkComp Story – A Questionnaire by

Maybe resubmit your story to the good people who did the 2015 series  INSULT TO INJURY: THE DEMOLITION OF WORKERS COMPENSATION?   They still say:  GET INVOLVED – HELP US INVESTIGATE    What Happens When Americans Are Hurt on the Job?  Help ProPublica Investigate.  

(Print a copy and take to your doctor and send to your attorney and remind them of their oath and their fiduciary responsibilities.  If they need more support, encourage them to read Congress’s  October 2015 letter offer  to send in law enforcement, if required.  It seems to be required, doesn’t it. Send in the National Guard to protect injured workers and other taxpayers while WorkComp is transformed or demolished. )

The industry seems to be choosing demolitions based on the willful ignorance, arrogance and obfuscation of facts and other media deceptions and distractions.

first they ignore you

We’ll also ask again at the Sedgwick Institute – LinkedIn group for a committee to review your stories, whether or not you are a Sedgwick or other TPA casualty or horror story.  Carpe Diem!

You might also Google search   Legal Intake – National ACLU for local, state and national legal intake resources, if necessary. [an Injured Worker Blog nominated for the Wilson ‘best blogs 2016’ event, didn’t make mention, either] would also welcome hearing from you.

Submit your stories or copies to     Be sure to read their page, The Constitutional Right to Blog.   KEEP COPIES OF EVERYTHING, or easier yet, BLOG ABOUT IT!


Then, get to work on creating your own blog, control your own content. or can get you started.  Keep it simple; just get started.

Since the “Agenda” of the National WorkComp Discussions leans toward OPIATE TRAFFICKING, insinuating that most Injured Workers are lazy fakers who prefer a life of poverty, pain and homelessness as a “opiate dependent” or “street drug addict,” be sure to include YOUR experience with doctors and drugs and failed surgeries in your stories.

  1.  Have you been prescribed opiates?
  2. For what condition and body part(s)
  3. For how long?
  4. Have there been painful lapses of denied drugs?
  5. Is your pain condition a consequence of a failed surgery or foreign objects left behind in a botched surgery?
  6. How long have you been waiting for a hearing for your right to medical care?
  7. How long have you been waiting for corrective surgery?
  8. Are you represented by counsel?
  9. What was your date of injury…

Once the ‘experts’ have your date of injury, condition and body parts involved, they already know what you’ve been through, so do you best to stick with the facts.

Si sedgwick insitute opportunity to open dialogues



The 2016 Best Blogs Winners have been announced! View them here!


Announcing the Best Blog Designees for 2016!


The blogs below were all nominated by citizens of the workers’ compensation community. They were judged on several criteria. In addition to objective categories such as age of blog, frequency of posting and website traffic**, they were also assessed by an independent judging panel for content quality, value and timeliness. Designated blog category was determined by people nominating the blog. In the event of multiple nominations, the category selected by the majority of nominators was used.

Congratulations to the winners, listed below in the order of their overall score:


Work Comp Roundup, Author Michael Stack – Category: Education

From Bob’s Cluttered Desk, Author Robert Wilson – Category: National Issues

Managed Care Matters, Author Joe Paduda – Category: Medical Management

DePaolo’s Work Comp World, Author David Depaolo – Category: National Issues

WorkersComp Insider, Authors Tom Lynch & Julie Ferguson – Category: National Issues

Workers’ Compensation by Gelman, Author Jon Gelman – Category: Legal

The Official Medicare Set Aside Blog, Author Jennifer Jordan – Category: MSA/Settlements

Conference Chronicles, Author Varied – Category: Education

Florida Workers’ Comp Adjudication, Author David Langham – Category: Legal

Work Safe, Texas, Author Varied – Category: Carrier

Franco Signor MSP Blog, Author Varied – Category: MSA/Settlements

Workers’ Comp Zone. Author Julius Young – Category: Legal

MedicareInsights Blog, Author Rafael Gonzalez – Category: MSA/Settlements

Alabama Workers’ Compensation Blawg, Author Varied – Category: Regional/State Specific

Evidence Based, Author Michael Gavin – Category: Medical Management

Mark Pew, Author Mark Pew – Category: Medical Management

Louisiana Comp Blog, Author Varied – Category: Regional/State Specific

Sedgwick Connection, Author Varied – Category: TPA

New Jersey Workers’ Comp Blog, Author John Geaney – Category: Regional/State Specific

The Return to Work Blog, Author Varied – Category: Carrier

Simply Work Comp, Author Varied – Category: Safety/Prevention

MEMIC Safety Net, Author Varied – Category: Safety/Prevention

From Bob’s Cluttered Desk:

Best Blogs to Be Announced on Monday

Well, the tabulations are complete, the results are in, and the first Best Blogs competition is now under our belt with the winners scheduled to read more …
Posted on: April 29, 2016, 5:53 pm


cognitive dissonance turbulence