New York Workers Compensation Alliance

At the meeting of Gov. Spitzer's Medical Guidelines Task Force last Friday in NYC,  it was revealed that the New York State Insurance Department entered into a contract with Dr. Christopher Brigham to apply AMA Guidelines to New York Schedule Loss of Use awards as early as last November.  This is long before any members of the Medical Guidelines Task Force were supposedly told about the potential hiring of the insurance company biased Dr. Brigham for $162,500.00.  This recent revelation raises serious questions about the credibility of Bruce Topman, and his ability to lead the Task Force.   

From an injured workers perspective, applying Brigham's AMA Guidelines to existing schedule loss of use awards in New York is both devastating financially and mean spirited.  As described in a previous post, Dr. Brigham would rate a torn medial meniscus with surgery as a one percent loss of use of the lower extremity!   The Workers' Compensation Board Chairman, Zachary Weiss, confirmed recently to the Long Island Federation of Labor that 3/4 of the purported one billion dollars saved by the recent workers' compensation reform legislation was taken out of injured workers pockets.  How much more does the NY State Insurance Department want from injured workers? 

At the same time, more damaging information on Dr. Christopher Brigham and his anti-worker bias is spilling out.   One well published scholar on California Workers' Compensation law has labeled him a "shameless self-promoter" who advertises his "services" to reduce benefits to injured workers.  These statements seem to be verified by counting his numerous tacky websites and his own promotional statements.  Anyone who wants a fair and objective analysis of the now tarnished "AMA Guidelines" should not look to Doc Brigham - who has a keen financial interest in their perpetuation. 

Perhaps it is time for Buffalo internist and AMA President-elect, Nancy H. Nielsen, MD, PhD to demand that the "AMA" imprimatur be removed from these biased guides.  Certainly, they only hurt her own patients.  For example,  did you know that an injured worker who was in a "persistent vegetative state" would not be rated 100% disabled under the AMA Guides?  That's right - a person in a "persistent vegetative state" might only be rated between 60%-90% disabled under the AMA Guides! 

That's why the New York Workers' Compensation Alliance has no problem labeling Doc Brigham's interpretation of the AMA Guidelines as "voodoo science".    His financial partner, the self described "gay Oprah", Phil Walker, Esq at the firm of Brigham Walker , has been fighting injured workers for years as a lawyer representing huge employers and insurance companies.  See Walker's bio below:

Phil Walker, Esquire is a Professional Speaker, Instructor, and National Trial Counsel for California Workers’ Compensation and Longshore defense in San Francisco, California. For over 20 years, he has represented California’s largest airlines, shipyards, steel companies, retailers, universities, and insurers in workers’ compensation and Longshore matters. He has served as House Counsel for US Steel; General Counsel for New York City’s largest residential real estate firm—Douglas Elliman; and Managing Attorney for Fireman’s Fund Insurance Company.

He is Speaker, Trial Counsel, and Longshore Head for Adelson, Testan, Brundo & Popalardo in San Francisco. He is a member of the Bars of California, New York, and the District of Columbia. He was educated at Vanderbilt University and Washington & Lee Law School. Mr. Walker as been a national Legal Columnist for Genre Magazine, host of his own television show in San Francisco, and appeared as “the Clerk of Court” with Gene Hackman in Class Action. 

We encourage the AMA's eminent Dr. Nielsen to consider removing the AMA imprimatur from these scientifically flawed guides - which are really nothing more than tools for the insurance industry to hurt patients financially.  We also encourage the State Insurance Department to drop this poor excuse for a vaudeville act (Brigham Walker) from any role in determining the financial future of injured workers in New York.  We will report further on the AMA's and the Insurance Department's action, reaction and/or inaction.  Don't they have bigger fish to fry? Apparently, Attorney General Andrew Cuomo does. Stay tuned...

a) Go to ThePetitionSite.com or Care2.com, follow the directions and create an online petition addressed to Dr. Nielsen.
b) Pass the petition's URL to others via email.
c) Consult with the state lobbyists for chiropractors, osteopaths, etc. and see how they feel about arbitrary subjugation to AMA guidelines.