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Workers’ comp audit demanded by legislators

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Illinois

* It’s a start, at least…

Three metro-east lawmakers sponsored a bill Wednesday in the Illinois House directing the auditor general to investigate hundreds of workers’ compensation claims by employees at the Menard Correctional Center, as well as claims filed by state arbitrators.

House [Resolution] 52 was introduced by state Reps. Tom Holbrook, D-Belleville; Dwight Kay, R-Glen Carbon; Dan Reitz, D-Steeleville, and others.

“We need an independent auditor to look at these things to restore confidence in the system,” Holbrook said.

The action came after the Belleville News-Democrat reported Tuesday that an arbitrator for the Illinois Workers’ Compensation Commission, Jennifer Teague, of Shiloh, attempted to keep secret a public hearing for former Illinois State Trooper Matt Mitchell, who filed a workers’ comp claim for injuries he received in a high-speed head-on collision that killed two Collinsville sisters in 2007.

The text of the resolution is here.

* Meanwhile…

The attorney for the family of Kelli and Jessica Uhl, says they are ‘outraged’ by allegations that the arbitrator in former State Trooper Matt Mitchell’s workers’ compensation case tried to hold his hearing “on the sly with no press.”

Tom Keefe says the report in the Belleville News Democrat, that arbitrator Jennifer Teague changed the date, time and place of the hearing without notification, is like salt in the family’s wounds, “This just seems like a nightmare and they just can’t wake up from it. They have been consistently betrayed by people who have sworn oaths to protect them.”

Combine this crazy case with the fact that so many arbitrators have filed their own workers’ comp claims, and you’ve got a situation where too many of these arbitrators appear to be in the tank with the plaintiffs bar.

* And here’s a Belleville News-Democrat story I missed. A single workers’ comp hearing site in the tiny southern Illinois town of Whittington had 312 WC cases involving state workers on its January docket. That’s one out of every four of the site’s 1,310 cases. The BN-D compared that to other hearing sites…

By comparison, the Springfield hearing office, located in an urban area where more than 17,400 state workers are employed, listed 207 cases for January that involve state workers, or about one in five of 967 cases. Most of these employees say they were injured mainly by slipping and falling, over exertion, backs sprains and leg injuries.

In Chicago where 15 state arbitrators are assigned to separate hearing rooms in a single office building, a total of 5,037 cases were docketed for January. These cases involved four arbitrators but only 81 cases involved state workers, or about 2 percent.

At two hearing sites in Joliet where 2,574 cases were scheduled for January, 85 involved state workers or about 3 percent. Joliet is located relatively close to two large, maximum security state prisons, the Stateville and Pontiac correctional centers, where more than 1,200 state workers are employed.

A computer printout obtained by the News-Democrat through the Illinois Workers’ Compensation Commission showed that since Jan. 1, 2008, the combined repetitive trauma injury settlements to workers at these prisons totaled just 18 settled claims, a fraction of the total at Menard. The data showed that repetitive trauma settlements were made to four Stateville prison workers and to 14 at Pontiac.

* And then there’s this…

In the past three years, $30.6 million was awarded to about 725 state employees in settlements who filed workmen’s compensation claims for repetitive trauma injuries caused by typing or unlocking prison cells.

An additional $4.3 million was paid to all state claimants who missed work while recuperating from doctor-ordered time off or corrective surgery for carpal tunnel syndrome.

And about one in three of these taxpayer dollars went directly to guards and other employees at the Menard Correctional Center in Chester, according to a News-Democrat investigation.

Wow.

posted by Rich Miller
Thursday, Feb 10, 11 @ 6:53 am

Comments

When the gravy train is coming on down the tracks and everyone knows it, it is time to climb on board.

Comment by Aldyth Thursday, Feb 10, 11 @ 7:51 am
Rich, it’s not just the plaintiffs’ bar. Any investigation of the work comp situation with state employees needs to take a hard look at the Assistant Attorney General’s who represent the state in these cases. That’s the defense bar.

Comment by Marie Thursday, Feb 10, 11 @ 8:02 am
Also they need to look at the care provided to make sure the costs are managed correctly. It’s easy to imagine them denying/delaying an inevitable treatment while the meter runs on the time off benefit, or insisting on ‘physical therapy’ before biting the bullet and paying for a surgery.

Comment by Returning Dog Thursday, Feb 10, 11 @ 8:15 am
Is it being suggested that arbitrators be precluded from filing workers’ compensation cases? Or that they resign if they do since it creates a bias toward injured workers? Really? I think this whole thing is starting to go in the wrong direction.

Comment by Jose Thursday, Feb 10, 11 @ 8:40 am
Wow, looks like they need to get some WD40 into those locks at Menard prison. Getting those keys moving easier is the solution, right? (snark)

That comparison between the prisons and adjudication sites really puts this issue in good perspective. Somebody got some splainin’ to do.

Comment by dupage dan Thursday, Feb 10, 11 @ 8:51 am
===Is it being suggested that arbitrators be precluded from filing workers’ compensation cases? ===

No. Where did you get that? The point is that the high percentage of arbitrators who have filed WC claims combined with the case of the secret WC trial combined with all that other reporting is enough to conclude that too many are in the tank.

Comment by Rich Miller Thursday, Feb 10, 11 @ 8:55 am
The BND really needs to be applauded for their continuing efforts on this story. This is journalism at its finest and I hope they are recognized by their peers.

Comment by Fed-Up Thursday, Feb 10, 11 @ 8:56 am
Returning Dog, I think you took your eye off the ball here. IMHO, the AFSCME guard union needs some serious curtailing. They control prison policies. They block sensible reforms. They blocked the closing of two prisons. They basically want overcrowding so they can demand more employees, which indeed they will need. There us nothing they hate more than financially sound policies that involve decarceration. And it turns out that’s not enough for the folks at Menard. They want to add huge lumps of tax free money to the job. The party is over. This has to end. And Democrats need to stand up to them and get control of useless prison spending and incarceration of people (like drug offenders) who could have been treated in the community for much much cheaper.

Comment by Patrick Thursday, Feb 10, 11 @ 8:58 am
every governmental unit should take a good look at worker’s comp and disability claims. while there are people who have legitimate injuries and ongoing problems, there are also people who milk the system and it costs all of us.

this also affects pensions. look at the Burge decision. Pension boards make decisions about disability claims. Are these boards doing a close enough evaluation of those making claims?

in some jobs, and for some tasks it might be possible to keep those on disability in jobs. we are supposed to be about work, and fiscal responsibility and dignity. might be better all around to keep people in spots than out.

Comment by amalia Thursday, Feb 10, 11 @ 9:10 am
I dare Rep Dwight Kay to not use the word “audit” for one week. It may be a quiet week for him.

Comment by Highland, IL Thursday, Feb 10, 11 @ 9:33 am
It’s hard to imagine the thought processes of those involved in the alleged conspiracy to get Trooper Mitchell a sweet payday for his role in the death of the Uhl sisters.

–Mitchell is seeking compensation for injuries suffered in the November 2007 accident that killed the Uhl sisters. He pleaded guilty but then took the stand and denied responsibility.Then-trooper Mitchell was driving 126 mph, talking on his cell phone and emailing when he caused the crash on I-64.–

Apparently, some folks saw this as an opportunity to scam the state, “on the sly.” And they apparently were brazen enough to lay it all down in emails. Imagine those minds at work.

Thanks again to the BND for their excellent work. Anytime a prosecutor, somewhere, wants to step up to the plate won’t be soon enough.

Comment by wordslinger Thursday, Feb 10, 11 @ 9:44 am
Stateville (built over 100 yrs ago) even has a worse cell/locking system. They can’t mass open their doors so they have to key each one. Unlike menard all of the locks are the old “folger” key. I have friends who work at both.

According to the BND, they had 4 claims.

Comment by Comp. Thursday, Feb 10, 11 @ 9:53 am
Why isn’t the state fighting these claims. The state attorny general is supposed to represent the states interests apparently photo ops at nursing homes are more important than actual work to Lisa madigan.

Comment by Fed up Thursday, Feb 10, 11 @ 10:12 am
Looks to me as if things are working as one would expect them to work in Illinois. Really, other than by degree, is anyone surprised that a system built to be scammed by everybody is scammed by everybody?

Comment by Jim Thursday, Feb 10, 11 @ 1:26 pm
The arbitrators should shoulder some of the blame for allowing IL’s work comp system to run amuk and creating a huge,unfair burden on taxpayers and businesses alike. They are the front line triers of fact. But the ones most accountable are the Commission Panel Members appointed by our Governor and the justices who sit on the Appellate Court - Work Comp Divsion. They’re the ones who time after time bend over backwards and go out of their way to rule against employers. Our system is broken. The law is absurb. One only needs to demonstrate that “something they did at work” was a factor, I repeat, a factor in contributing to the injury. It doesn’t matter if their pre-existing condition was 99% responsible. Aggravate it by 1% and the employer gets to pay for everything. Until our legislatures get serious and pass meaningful Work Comp Reform there won’t be any change and the status quo will continue. Plantiff attorneys will continue to get big paydays, a large percentage of claimants will continue to file multiple claims and will be rewarded again and again, and a large number of doctors will continue gaming the system performing unnessary surgeries and treatments that serve no other purpose other than to generate revenue for their practices.

Comment by level the playing field Thursday, Feb 10, 11 @ 4:03 pm
This is fraud, cheating the system, the taxpayers, you name it.

Give the arbitrator’s who filed minimal due process, then fire the violators. Should take about 7 days.

Lisa Madigan’s absence on this issue is really, really, really dissapointing. I think she’s been reading her own press clips too much.

Comment by park Thursday, Feb 10, 11 @ 7:47 pm
== Plantiff attorneys will continue to get big paydays… ==

Yes, everyone loves to hack on plaintiffs’ attorneys in this state. And there may be a very tiny amount who deserve it. But, as someone who has worked for plaintiffs’ attorneys since almost forever, I can tell you that I’ve seen many a prospective WC client turned away for various reasons, not the least of which they didn’t have a case. Please add that to your future talking points.

Comment by Marie Thursday, Feb 10, 11 @ 8:42 pm