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Workers' Compensation

4/1/2009
Meredith Parrish
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NY Times Studies Workers' Comp Fraud

The New York Times spent 18 months researching the Workers' Compensation Board in New York.  They uncovered a system frought with unnecessary delay and improper - even fraudulent - denials of legitimate claims.  Although some officials complain of rampant fraud by workers, no data on potentially fraudulent claims has even been collected.  The process in New York routinely results in workers waiting four or five months for the first hearing, often not receiving medical treatment or lost wages in the interim.   Even doctors treating injured workers complain about the length of time their patients' cases take.  Dr. Fayngersh of Brooklyn reported 41 bills from a single case remained unpaid by the workers' compensation carrier more than a year after treatment.

In Georgia Workers' Compensation cases, many insurers use the IME, or independent medical examination, to try to weed out fraudulent claims.  However, it is sometimes a vehicle perpetrating faud on the insurer's part.  The article exposes similar insurance company influence in New York over the workers' comp system as in Georgia.  The Workers' Comp Board itself is the only institution that can prevent fraud in the system. Yet, the Fraud Unit of New York seems to focus on non-premium paying employers.  This focus makes it a revenue tool, not a policing power.  The system in Georgia and metro Atlanta seems to work similarly.  Perhaps there may be more fraud in our system than officially recognized.  Fortunately, the NY Times article also provides some helpful tips for claimant's attorneys engaged in the appeals process.





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