Vote and Support Candidates Who Care About Working People

We've been hearing from some people who aren't happy about the compromise version of H709, the workers' comp reform bill. Some don't believe the bill does enough to protect the rights of injured workers.

But as I said last week, the bill represents a fair compromise for both sides, and it's a much better outcome for injured workers than had the original version passed. The N.C. House Committee on Insurance is expected to hear the compromise version of the bill on Thursday.

To anyone who is unhappy with the compromise bill, I have one important bit of advice -- Vote!

Voters in North Carolina have no one but themselves to blame for setting up a scenario where a bill as harsh as H709 could have been passed. With the shift in power in the N.C. General Assembly following the 2010 midterm elections, insurance companies saw an opportunity and they pounced on it.

Insurers began lobbying the newly minted Republican majority, believing they could easily pass a bill limiting workers' rights. Without strong opposition from groups like Protect NC Workers and the N.C. Advocates for Justice, it's quite likely this legislation would have passed with little debate or public input.

Voters need to give their support to politicians and candidates who stand up for the rights of hardworking North Carolinians, regardless of political party. During each election season, the N.C. Advocates for Justice examines the platforms of all candidates and endorses those who are committed to protecting those rights. We publish that list every election season, and we suggest that you consider that list as you go to the polls.

One candidate who deserves our support -- and our praise -- is Gov. Bev. Perdue.

Recently, the governor signed Executive Order 93, clearing the way for the extension of federal unemployment insurance benefits to some 47,000 North Carolinians. The governor made a bold political move in signing the executive order, as she explained in a statement:

“For weeks, I have been trying to work with the Republican legislative leaders to get them to do the right thing: send me a clean bill to extend the unemployment benefits for 47,000 North Carolinians who have lost their jobs. But instead of acting responsibly on this matter, the Republican legislature has repeatedly refused to send me such a bill. Instead, they have persistently attempted to use our unemployed workers as hostages by tying the extension of their benefits to my acceptance of budget bills that would inflict severe and unnecessary cuts to our schools and other essential programs."

I encourage you to support candidates like Gov. Bev Perdue with your financial donations and your votes.

A doctor's opinion: H709 would end unbiased medical care for injured workers

Dr. Gregory M. Bertics, a Raleigh neurologist, brings another perspective to the debate about H709, the bad workers' comp bill.

Dr. Bertics, who regularly treats injured workers in his practice, is opposed to the bill because of the impact it would have on doctors' ability to treat workers' comp patients.

Already, Bertics wrote in a guest column in the News & Observer, insurance companies and large employers try to exert too much control over medical treatment for injured workers. Under the proposed legislation, he predicts that physicians will be further hamstrung in their ability to provide the best treatment that will lead to the BEST POSSIBLE outcome for these patients.

I am, thus, disturbed at some of the changes to the workers' compensation system being proposed in state House Hill 709, which is called "Protect and Put N.C. Back to Work." These changes will further erode the ability of a physician to care for an injured patient independently.

Under this bill, insurance adjusters would have the right to contact doctors directly to demand changes in treatment plans. HB 709 severely limits the ability of injured workers to request a change of treatment from the plan devised by a company doctor. Injured workers would be barred from getting second opinions on treatment plans. Independent doctors would be prohibited from commenting on the treatment plans of company doctors employed directly by large companies in many cases.

In short, HB 709 would effectively finish off any notion that injured workers in North Carolina will receive unbiased medical care.

 

Injured workers deserve unbiased medical care, and they deserve the best possible care, not a treatment plan designed to save the insurance company money.

We're down to the 11th hour on this bill. The N.C. House Select Committee on Tort Reform will vote on H709 next Tuesday, May 24. Unless we continue to educate them about the impact this bill will have on the hardworking people of North Carolina, H709 will pass and it will become law.

I've asked a lot of you over the last several months, and I'm very appreciative of everyone who has taken the time to attend rallies and committee meetings and to call and writie letters to their elected officials in Raleigh.

I'm asking you once more to speak out against this bill. Take a moment today to call or write to members of the Tort Reform Committee and your own legislators in Raleigh. Please do it, even if you've already called or sent a letter. And if you haven't contacted your elected officials yet, this really is your last chance. If this bill passes the Tort Reform Committee, it is VERY LIKELY to become law in North Carolina.

On Workers' Compensation Issue, Rep. Dale Folwell Doesn't Care What His Constituents Think

Video from last week's meeting of the N.C. House Committee on Tort Reform has been posted on WRAL's website, and once again the lies continue about H709, the bad workers' compensation bill.

Primary bill sponsor Rep. Dale Folwell of Forsyth County says the bill has "nothing to do with people who are currently on workers' compensation." I'm calling bull on that one. As I've explained previously, H709/S544 will impact people with current workers' comp claims, not just people who are injured on the job in the future.

I'm quoting myself here:

The bill calls for a complete overhaul of N.C. Industrial Commission rules, and those procedural changes will impact everyone -- current claims and future ones. If H709/S544 pass in their original forms, people with current workers' comp claims will be impacted in the following ways:

  • Because of the new "suitable employment rules," could be forced back into a low-wage job with no benefits, no matter their skill level or previous salary.
  • Would find it difficult -- if not downright impossible -- to change physicians or seek a second medical opinion
  • Could lose their benefits if they refuse to comply with treatment plan prescribed by the insurance company's doctor
  • Would lose all rights to medical privacy. The insurance company, attorneys and employer would gain full access to the patient's complete medical records without the person's knowledge or consent

 

In addition, it seems Rep. Folwell is a little ticked off at his constituents and other concerned citizens who have called and emailed him to voice their opposition to this bad bill. He pretty much says that he's tired of listening to the opposition and that he's moving forward with the bill HE wants, not the bill that his constituents want.

"I have an obligation to present a bill that speaks for itself and represents what the title says," he said. "We’ll continue to accept the phone calls. We’ll continue to accept the emails. But nothing -- none of those -- are going to deter me."

To hear Folwell's full comments, fast-forward to the last 2 minutes of the WRAL video. (Beginning around the 28-minute mark.) As for his assertion that opponents of this bill somehow publicized his home and business telephone numbers, again I call bull. That information is public record and is listed on Folwell's profile page on the N.C. General Assembly website.

Despite what Folwell says, I have to believe that some legislators in Raleigh are still willing to listen to their constituents. With a vote on H709 expected Thursday from the House Committee on Tort Reform, I'd like to ask that you once again contact your legislators, the tort reform committee members and sponsors and ask them to oppose H709.

If Folwell and his colleagues aren't willing to listen to educated commentary about this bill, maybe callers need to send a stronger message. I wonder if Folwell would listen if he heard this from thousands of constituents: "I won't vote for you if you vote for H709."

Politicians like Folwell need to remember their constituents speak with their voices and their votes.

Truth: Workers' Comp Bill WILL Affect Workers with Current Claims

The other side is lying about the bad workers' comp bill, H709.

I wish it weren't true, but their whole campaign to get this legislation passed is based on deceit.

We continue to hear from injured workers who are being told that H709 WILL NOT affect anyone with a current workers' compensation claim. NOT TRUE!

Rep. Mike Hager of Cleveland County, one of the bill's primary sponsor, writes in his April newsletter to constituents that "this bill does not affect the benefits of anyone currently on workers’ comp!"

Either he's completely clueless about the specific provisions of the bill he's sponsoring or he's deliberately deceiving his constituents who have emailed, called and written in opposition to the bill.

Here's the truth:

The bill calls for a complete overhaul of N.C. Industrial Commission rules, and those procedural changes will impact everyone -- current claims and future ones. If H709/S544 pass in their original forms, people with current workers' comp claims will be impacted in the following ways:

  • Because of the new "suitable employment rules," could be forced back into a low-wage job with no benefits, no matter their skill level or previous salary.
  • Would find it difficult -- if not downright impossible -- to change physicians or seek a second medical opinion
  • Could lose their benefits if they refuse to comply with treatment plan prescribed by the insurance company's doctor
  • Would lose all rights to medical privacy. The insurance company, attorneys and employer would gain full access to the patient's complete medical records without the person's knowledge or consent

 

Vote Pending on Workers' Comp Bill; Contact Legislators TODAY and plan to attend hearing Thursday

A vote is pending on the bad workers' comp bill, H709.

The N.C. House Select Committee on Tort Reform meets Thursday (May 12), and it's possible that members will vote on the bill during that meeting.

For that reason, it's crucial that you once again contact members of that committee and your own elected officials in Raleigh to tell them not to support this bad legislation. If House Bill 709 passes this committee, it's very likely that it will become law. Find contact information for the Tort Reform committee here, and find out how to contact your representatives in Raleigh here.

The N.C. Advocates for Justice, Protect NC Workers and other workers' rights groups have been working very hard to defeat this legislation. Yesterday, a group representing workers met with key business leaders in the state for 12 hours to reach consensus on key workers' compensation issues. Our friends who were in the meeting report it was productive, and they are planning to draft a consensus bill to replace H709 and S544.

However, Rep. Dale Folwell, the primary sponsor of H709 still intends to present his original bad bill during tomorrow's Tort Reform Committee meeting.

Members of this committee need to hear from our side about this issue. We can't let Rep. Folwell present his bill unopposed. And Folwell needs to hear that people are opposed to this bill. Contact him TODAY!

So, I'm asking you to once again call members of the Tort Reform Committee. You can find their Raleigh phone numbers here. Please don't wait. CALL TODAY!

And if you're able, please plan to attend Thursday's hearing in Raleigh. We need a huge showing of opposition to defeat this bad bill.

The committee meeting is scheduled for 11 a.m. Thursday (May 12) in Room 1327 of the Legislative Building, 16 W. Jones St., Raleigh.

Thanks again for doing your part to protect North Carolina workers.

Key committee to consider H709 this week

The N.C. House Select Committee on Tort Reform is scheduled to consider H709, the bad workers' compensation bill, this Thursday, May 5, at 11 a.m.

Insiders within the N.C. General Assembly tell us that support for this bill and its Senate counterpart, S544, are weakening. But that doesn't mean the battle is over yet.

With the House bill coming up for debate later this week, we need to make a renewed push to oppose it and to educate legislators about it.

Make time to call AND email your elected officials in Raleigh BEFORE Thursday's committee meeting. Tell them to vote no onthis bad workers' comp reform bill. It's especially important for these legislators to hear from injured and disabled workers and their families. They need to hear how real people will be hurt if this legislation passes.

These bills are about protecting insurance company profits, not about protecting injured workers or creating jobs.

As you're making your calls and sending your emails, be sure to contact the members of the Tort Reform committee and the bill's sponsors. They need to know how unpopular this legislation is with voters.

 

Know the Facts: Medical Records and Workers' Compensation

An Associated Press article about the two pending bad workers' compensation bills that ran in the News & Observer and other newspapers throughout was incredibly slanted in favor of the legislation that would strip injured workers of their rights, protection and medical privacy.

Among other things, the article gives the impression that employers and insurance companies cannot currently access injured workers' medical records. That's completely false.

The reality is that employers and insurance companies can get ANY and ALL medical records potentially related to a workers' comp claim as soon as the claim is filed. This is true even if the insurance company has not accepted liability for the claim.

Furthermore, insurance companies have the right to send a nurse case manager to all the injured worker's medical appointments. What's more, they can ask the patient's doctor to complete a Workers' Compensation Medical Status Questionnaire. The form clearly states that N.C. law allows medical providers to complete the questionnaire without authorization from the patient (in this case, the injured worker.)

So, insurance companies already have access to the medical records they need to make a determination about an injured person's workers' compensation claim. Under H709/S544, they would be granted unfettered access to the injured workers' entire medical history and medical records -- a clear violation of privacy.

Undoubtedly, the insurance companies will use what they find in these medical records to humiliate injured workers and to manufacture "evidence" that their medical problems are due to some "pre-existing condition" and not the workplace injury.

They'll employ the same kind of "blame the victim" tactics that we sometimes see in rape trials.

Talk about injustice!

New workers' comp bill S692 would protect injured workers

The two bad, insurance-sponsored workers' compensation bills continue to work their way through the N.C. General Assembly.

Meanwhile, two N.C. senators have recently introduced workers' compensation reform legislation that we CAN support. Sen. Doug Berger (D-Franklin) and Sen. Warren Daniel (R-Burke) have introduced Senate Bill 692, which includes bette protections for injured workers.

The rival legislation -- House Bill 709 and Senate Bill 544 -- would strip injured workers of their benefits, eliminate medical privacy and choice and put insurance companies in control of workers' compensation in the state. But the Berger-Daniel bill preserves the rights of workers and their employers.

Voters need to contact their elected officials in Raleigh once again on this extremely important issue. Tell them to vote no on H709 and S544 and to support S692.

In brief, here's why S692 is better for workers and North Carolina than the other workers' comp bills:

  • Does not impose an arbitrary cap on workers' comp benefits for the most seriously injured workers
  • Ensures that people who suffer career-ending injuries continue to get the care and compensation they deserve
  • Preserves an injured worker's medical privacy rights
  • Makes it easier for injured workers to seek specialized medical treatment and to switch physicians to receive the best possible care
  • Improves vocational rehabilitation services offered to injured workers
  • Doesn't force injured workers back to work in low-paying jobs that are below their education and skill level, but instead seeks to help workers find suitable employment based on their education, physical and mental capabilities, experience, skills and pre-injury wage

 

 

Public Hearing on House Bill 709 Set for Thursday in Raleigh

We've just gotten word that the N.C. House Select Committee on Tort Reform will be holding a 2-hour hearing Thursday, April 21, on House Bill 709, the proposed workers' comp reform legislation.

A vote on this bad bill, which would strip injured workers of their rights and eliminate medical choice and privacy, is expected.

That's why it's very important for injured workers, their families and other opponents of this BAD BILL to attend the public hearing in Raleigh. Legislators need to hear from our side about the impact this bill will have on the hard-working people of North Carolina.

WHAT: N.C. House Committee on Tort Reform public hearing on H709 -- the bill attacking workers' comp

WHEN: 11 a.m. Thursday, April 21

WHERE: Room 1327 of the Legislative Building, 1 W. Jones St., Raleigh, NC 27601



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What H709 Would Mean for Injured Workers

House Bill 709, introduced last week in the N.C. General Assembly, is designed to profit the insurance industry and big self-insured businesses while stripping injured workers in North Carolina of their rights.

The bill arbitrarily caps benefits, even for those who suffer career-ending injuries, and eliminates medical choice and privacy for injured workers. It's imperative that we all contact our elected officlas in Raleigh immediately and tell them to VOTE NO on H709 and the companion S522.

Here are the major changes that would occur if this bill becomes law and the impact those would have on injured workers in our state.

The proposed legislation would:

Cap the number of weeks an injured worker can receive benefits to just 500 weeks.

  1. The bill targets catastrophic cases: North Carolinians with severe injuries who can’t work again. These include people who are partially paralyzed, or suffering from major back or limb injuries or surgeries. Individuals who, at this point, are having difficulty even completing activities of daily living. Despite the fact that they could have worked their entire life and despite the fact that they and their families depend on income, they will be cut off from benefits at 500 weeks.
  2. 2. The proposed bill will limit who can get lifetime benefits to workers who either: (a)Lost either both hands, arms, legs or eyes; (b) Suffered severe paralysis; (c) Suffered a massive head injury; or (d) Workers with 2nd or 3rd degree burns covering 35% or more of their body.
  3. In this section the Employer can still try to prove they can work to cut off their claim.

The proposed bill is clearly designed to give total control to the insurance carriers handling workers’ compensation, stripping away workers’ already minimal benefits.

Families will be cut off from financial benefits after 9 ½ years – even for catastrophic, lifelong injuries including debilitating back injuries.

Capping benefits will shift the cost of caring for injured workers to taxpayers, as has occurred in other states, through Medicare, Medicaid, Social Security Disability Insurance, food stamp programs, and other social services.

Change the definition of suitable employment.

  1. Suitable employment will now be defined as any work at all. This means a person must accept any position – even if the new job pays significantly less than the job they held when injured.

A minimum-wage job would be considered a suitable replacement for a job that paid $800 per week, for example. A fulltime, minimum wage job would not even net the injured worker $300 per week.

A family of four could not live on a minimum wage salary, and the financial burden to help would, again, fall on the taxpayer – through Medicaid, food stamps and other social services

A major change in language regarding the selection of physician.

  1. Currently, the insurance company gets to select the authorized treating physician. If the patient is dissatisfied with the treatment (or wants a second opinion), he or she can make a motion to the Industrial Commission, which decides if the patient can select another physician or get a second opinion. This bill proposes restricting the process of appeal and a new physician can only be obtained if his request is supported by “clear and convincing evidence.” Yet, an outside physician may not give testimony. The only evidence allowed is that of the present attending physician.
  2. The insurance companies want a change of language regarding the type of doctor an injured worker can see. Presently, the injured worker can see “a duly qualified physician or surgeon.” The new language reduces that to “a physician licensed in the state.”

An injured workers’ access to quality healthcare will be limited to “any doctor licensed in the state,” lowering the qualification standards for physicians treating people with workers’ comp claims.

If the worker is dissatisfied with the care, he/she can appeal to the Industrial Commission for a new doctor, but the only testimony admitted on his/her behalf will come from the attending physician – the very doctor the worker is dissatisfied with. No lawmakers would accept this draconian system for themselves or their families.

Access to medical information.

  1. Current law allows the insurance company and employer to receive a worker’s medical records (without an executed release) to long as they pertain to the workers’ compensation care.

The new proposed law would allow insurance companies access to all of the worker’s medical records. Also, the bill would allow insurance companies to communicate directly with the injured worker’s doctor (verbally or in writing) without the worker’s consent or presence.

If you have a shoulder injury, for instance, the insurance company would be able to obtain your entire medical history – including mental health counseling, reproductive issues, etc . This is a major invasion of privacy.

N&O article on workers' comp reform bill ignores important fact

The News & Observer published a pretty comprehensive article on Sunday about House Bill 709, the proposed workers' comp reform legislation that would strip workers of their rights and put insurance companies in control of workers' compensation.

Reporter David Ranii interviewed people on both sides of the issue, including me, as well as a number of seriously injured workers. These are the very kinds of people who would be impacted and physically, financially and emotionally devastated if this bill becomes law.

However, Ranii omits an important fact about workers' compensation in North Carolina in his article. Citing research by the incredibly biased Workers Compensation Research Institute, Ranii reports that workers' comp costs in N.C. are 44 percent higher than other states studied.

Besides being biased and statistically invalid, the WCRI research doesn't compare apples to apples.

North Carolina has a higher threshold for entry into its workers' compensation system than do other surrounding states. Workers here must prove their injuries resulted from an accident or interruption in the normal work routine -- a standard not in place in other states.

Therefore, many types of injuries that would be covered in other states are not covered here. Someone whose knee gives out at work in North Carolina wouldn't necessary have a workers' comp claim, unless that injury was precipitated by an accident. But in many other states, such an injury would be covered under workers' comp.

In addition, North Carolina’s list of compensable occupational illnesses is shorter than other states.

As a result, N.C. has fewer workers’ comp claims than other states, but those claims are for more serious injuries, so the average payout per claim is higher, both in terms of medical care and lost wages for workers.

Workers' Comp "Reform" Bill -- House Bill 709 -- Worse Than Expected

On the heels of yesterday's impactful Value our Workers! Now rally at the N.C. General Assembly, Rep. Dale Folwell, a Republican representating Forsyth County, introduced a workers' compensation reform bill today in the N.C. House.

The bill is even worse than expected. It strips injured workers of their rights and protections and gives control of North Carolina's workers' comp system to the insurance companies.

The bill, which sponsors are calling “Protect and Put N.C. Back to Work,” is an absolute assault on working people of this state. This bill WILL BECOME LAW unless we ACT NOW to stop it.

My colleague, Joel Davis, has dismantled the 10-page bill point-by-point, showing what impact it will have on injured workers. We'll be posting his analysis tomorrow, but for now, here are the highlights:

Under N.C. House Bill 709, insurance companies want to:

  • Force you to see a doctor that the INSURANCE company chooses…and not the BEST doctor YOU want
  • Make it virtually impossible for you to change doctors or consult a specialist while on workers’ compensation, even if you’re receiving BAD care
  • Take away your benefits if you disagree with the doctor the insurance company hires for you
  • Cut off compensation for lost income and medical care after 9 years, even for people so severely injured they will never be able to work again.
  • Give insurance companies the right to talk with your doctor and access ALL your medical records without your knowledge or consent, a clear violation of your privacy
  • Force injured workers back to work in low-paying jobs that the insurance company deems “suitable”
  • Shift the cost of caring for injured workers to the taxpayers

Many of these proposed changes will impact people who already have PENDING WORKERS' COMPENSATION CLAIMS, not just those people who are injured in the future.

This bill is just another insurance industry bailout that will end up costing taxpayers and workers – unless we do something about it NOW.

The insurance industry and the N.C. Chamber of Commerce, which represents the interests of big business, are behind this bad bill to reform North Carolina workers’ compensation system. They have the cooperation of the bill’s sponsors – Dale Folwell (R-Forsyth), Nelson Dollar (R-Wake), Mike Hager (R-Cleveland) and James Crawford Jr. (D-Granville).

With the shift in power in the N.C. General Assembly, these groups think they have the votes to ram this legislation through and make it law WITHOUT debate or public input. But we can stop it, if we act now.

It’s time to contact your elected officials in Raleigh and N.C. Gov. Bev. Perdue and tell them to Vote NO on House Bill 709. CALL OR EMAIL THEM TODAY! Call and email the bill’s sponsors and let them know that you DO NOT SUPPORT HOUSE BILL 709.

Contact your legislators and Gov. Bev Perdue today about this bill – even if you’ve already called, emailed or written them. Now that the bill has been introduced, it is important for elected officials to hear from their constituents. Otherwise, they may buy into the rhetoric of the bill’s sponsors and the powerful insurance industry lobby who are pushing hard for it to become law.

Don’t let your lawmakers be hoodwinked into voting for this bill because they believe it’s good for North Carolina’s economy and jobs. House Bill 709 is bad for workers, it’s bad for business and it’s bad for North Carolina.

Voters also need to contact the bill’s sponsors. Tell them you don’t support House Bill 709 and that you won’t vote for anyone who supports it.

To make it easy, we’re providing contact information for the bill’s sponsors here. You can find out who represents you in the N.C. House and N.C. Senate here, and you’ll also find phone numbers, email addresses and mailing addresses.

Sponsors of House Bill 709

Rep. Dale Folwell (R-Forsyth)

Phone: (919) 733-5787 or (336) 748-0046      

Email:  Dale.Folwell@ncleg.net

Address: NC House of Representatives
300 N. Salisbury Street, Room 301F
Raleigh, NC 27603-5925  

 

Rep. Nelson Dollar (R-Wake)

Phone: (919) 715-0795 or (919) 233-8399      

Email: Nelson.Dollar@ncleg.net

Address: NC House of Representatives
300 N. Salisbury Street, Room 307B1
Raleigh, NC 27603-5925

 

Rep. Mike Hager (R-Cleveland)

Phone: (919) 733-5749 or (828) 748-2378

Email: Mike.Hager@ncleg.net

Address: NC House of Representatives
300 N. Salisbury Street, Room 306C
Raleigh, NC 27603-5925

 

Rep. James W. Crawford Jr. (D-Granville)

Phone: (919) 733-5824 or (252) 492-0185

Email: Jim.Crawford@ncleg.net

Address: NC House of Representatives
16 W. Jones Street, Room 1321
Raleigh, NC 27601-1096

For breaking news about House Bill 709, visit Protect NC Workers and the group's Facebook page. We'll also be posting updates on our Facebook page.

Value Our Workers versus WCRI at N.C. General Assembly

Today, hundreds of injured workers, their families, concerned voters, union members and advocates for workers' rights converged on the N.C. General Assembly for a rally against workers' compensation reform. These concerned citizens also had the opportunity to share their stories with their elected officials and to educate them about the impact the proposed changes to North Carolina's workers' comp system would have on hard-working people.

Several of our injured clients had the chance to meet with their legislators,. And for the most part, the lawmakers listened and seemed genuinely concerned about the changes the insurance lobby and others are trying to push through. I'm not bold enough to say that we have the votes yet to defeat this legislation. But we made some important connections today, and we helped shed some light on this issue.

It's time now to build on that momentum.

Once the workers' comp reform bill is introduced -- and that truly should happen any day now -- I would urge you to call and write to your elected officials in Raleigh to remind them what's at stake and ask them to vote no on workers' comp reform. If you attended the rally in Raleigh today, it's especially important that you follow up with the legislators that you met in person. Remind them of your conversation and remind them that you expect them to vote against this bad bill.

Today's rally at the General Assembly coincided with the meeting of the N.C. House Committee on Insurance. The committee heard from Dr. Richard Victor, the executive director of the Workers Compensation Research Institute. It's clear that Dr. Victor's testimony was intended to prime the pump for the introduction of this bad reform bill. The WCRI claims to be independent and unbiased, but the sole purpose of Victor's testimony seemed to be to establish that workers' comp costs are out of control in North Carolina and that something must be done to rein in those costs.

Was it any surprise that Rep. Dale Folwell of Forsyth County, who is the rumored sponsor of the workers' comp reform bill, introduced Victor during the commitee meeting? (And likely orchestrated his appearance, too.)

A little background on the WCRI. While the group claims to be unbiased, its membership is comprised primarily of insurance companies and employers. These very same stakeholders also provide the "data" that the WCRI uses in its research.

As has been reported before, the WCRI says that North Carolina has the highest workers' comp costs of any state studied -- some 19 percent to 45 percent higher. The problem with those percentages is that they're statistically invalid because they're based on a non-random sampling of just 16 states handpicked by the WCRI. We consulted with Dr. Sat Gupta, a professor of mathematics and statistics at UNCG, and asked him to review the WCRI's research methods. His conclusion, in short, was that WCRI's findings are statistically invalid because the source data used did not reflect a random sampling of states.

Of course, there's a whole lot more wrong with WCRI's so-called research. And we hope that legislators will be able to see thorugh the smokescreen.

A few points to consider:

  • The WCRI is not an unbiased research organization. It is funded by the insurance companies and big businesses who stand to benefit most if North Carolina's workers' comp system is stripped to the bone.
  • By WCRI's own admission, employers in North Carolina pay "average" premiums for workers' comp insurance that results in "average" outcomes for injured workers.
  • WCRI's executive director told committee members that his group doesn't make recommendations, but it sure sounded like he was making the case that "reform" is needed in North Carolina. He pointed out that injured workers in North Carolina have surgery for their back injuries more often than people in other states, whose systems cover more chiropractic care. He also made the "non recommendation" that North Carolina cut its fee schedule for physicians and hospitals -- that is, the amount workers' comp pays for certain medical procedures. Are these  prudent actions? Should people be forced to see chiropractors instead of trained surgeons specializing in the treatment of back injures? If we cut reimbursements for doctors and hospital, will injured workers get the treatment they need and deserve? Or willl physicians refuse to treat these patients?
  • For more on what's wrong with the WCRI and its research, please check out my past blog postings on the group, available here and here.

Overall, I believe we sent a powerful message to our legislators in Raleigh that we expect them to Protect NC Workers and vote against workers' comp reform. But the fight is really just beginning. We can expect to hear more propaganda, like the WCRI report, from the other side in the coming days and weeks. We must ensure that our message is heard, as well. Reach out to everyone that you can -- friends, family members, coworkers, elected officials, the media, etc. -- and let them know about this issue. If you've been waiting for the right time to call your lawmakers or write that letter to the editor, THAT TIME IS NOW.

Contact House Committee on Insurance about Workers' Comp Reform

Initially, we believed that the House Committee on Tort Reform would be the first to vote on the proposed workers' comp reform bill that we expect to be introduced VERY SOON in the North Carolina General Assembly.

Our legislative sources now tell us that the bill likely will be referred to the House Committee on Insurance.

As you're contacting your elected officials in Raleigh about the bad bill to reform workers' compensation laws in North Carolina, add a few more names to your letter-writing, emailing and calling campaigns -- those members of the House Committee on Insurance.

Members of the House Committee on Insurance include:

Chairman Rep. Dockham

Vice Chairman Rep. Collins

Vice Chairman Rep. McElraft

Vice Chairman Rep. Setzer

Members Rep. Blust, Rep. L. Brown, Rep. Brubaker, Rep. Bryant, Rep. Burr, Rep. Crawford, Rep. Current, Rep. Faison, Rep. Floyd, Rep. Folwell, Rep. Glazier, Rep. Graham, Rep. Hamilton, Rep. Howard, Rep. Hurley, Rep. Insko, Rep. Jackson, Rep. Johnson, Rep. McGuirt, Rep. Mills, Rep. Murry, Rep. Pierce, Rep. Shepard, Rep. Steen, Rep. Stevens, Rep. Wainwright, Rep. H. Warren, Rep. Wilkins, Rep. Wray

Find contact information for the full committee online at this link by clicking on each member's name.