New York Workers Compensation Alliance

Below are two letters to the Editor written by New York Workers' Compensation Alliance members objecting to Newsday's March 21st editorial supporting the Pataki reform proposals:

To the Editor:

I know Newsday is one of Long Island's major employers (owned by the Times-Tribune conglomerate), but I never thought its own corporate self interest would would infect its positions on the editorial page. On the issue of workers' compensation, apparently it did.

How soon Newsday forgets. 9/11 was the worst workplace tragedy in the history of the United States. Besides the over 3000 deaths, many Long Islanders suffered devastating permanent partial disabilities and will never return to any gainful occupation. The survivors and their families on Long Island live with this cruel reminder every day. Without the notoriety of 9/11, similar crippling permanent partial disabilities occur each and every day to workers on Long Island. Newsday notes that these serious injuries only make up 11% of those receiving benefits, but make up 72% of the cost. Isn't this the way it should be - with the most seriously disabled receiving the majority of workers compensation benefits? Newsday's logic on this issue eludes me.

There are no research studies showing that New York's workers' compensation costs cause New York to be less competitive than other states. In fact, all leading economic indicators point to a strong economy and the Federal Reserve Bank of New York recently published a report showing that manufacturing is particularly strong in New York. The fact that a number of other states have a different approach is not a persuasive argument to change New York's Workers' Compensation Law. Perhaps New York, like it is in so many other ways, is ahead of the rest of nation on this issue.

On March 25, 1911, 146 immigrant workers lost their lives due to unsafe workplace conditions in the Triangle Shirtwaist Factory Fire in lower Manhattan. This tragedy was directly responsible for the groundbreaking enactment of the New York State Workers' Compensation Law. On the eve of the Triangle Fire's anniversary, it is disappointing that Newsday would take a stance hurting injured workers even further on its editorial page.

Troy G. Rosasco
Co-Chair
New York Workers' Compensation Alliance

____________________________________________________

To the Editor:

Your support of putting a cap on the length of time a person who is permanently partially disabled can receive workers' compensation benefits fails to answer the most important question created by placing a cap on this type of workers' compensation benefits. (Reform for Workers' Compensation, Editorial, March 21, 2006) If a worker cannot be retrained after slightly over 9.5 years of benefits and is unable to return to work, who will pick up the cost of supporting the worker? If the workers' compensation benefits are cutoff it is likely that the injured worker will be moved from the workers' compensation rolls to the welfare rolls. Why should the taxpayers support this person when the employer has already purchased insurance for this injured worker? Capping benefits for a person who is permanent partial disability may result in lower premiums for employers that will be offset by increased taxes for everyone when the injured worker ends up living on social services.

Ronald Balter
Treasurer
New York Workers' Compensation Alliance

We the people… TO OUR – US ELECTED OFFICIALS

DEMAND AN INVESTIGATION INTO FRAUD ON OUR GOVERNMENT
SPECIFICALLY;
SOCIAL SECURITY, SSI, MEDICARE, & MEDICAID
VOTE “NO” to PATAKI’s ridiculous W.C.
REFORM – This will further HARM our INJURED WORKERS from getting benefits.
VOTE “YES” to Injured Workers’ of New York’s new bill that will PROTECT Injured Workers’

NY WORKERS’ COMPENSATION WAS MADE AWARE – THE SYSTEM ALLOWS SOME INSURERS TO FRAUD BILLIONS FROM MEDICARE , MEDICAID , SSD * * * *This is based on my personal opinion , the last six years of suffering and experience with the system that violated my rights and MANY OTHERS to do “DUE PROCESS.” And the medical that one is entitled to. I have overwhelming medical EVIDENCE to prove my claims.

NEW YORK REFUSES TO INVESTIGATE THESE
SELF INSURERS, they are allowed to VIOLATE not ONLY the LAWS OF THE STATE. They are VIOLATING the SICK, INJURED, DISABLED, and the suffering and getting away with BILLIONS from our GOVERNMENT, “ WE THE PEOPLE”, “ THE VERY HARD WORKING TAX PAYER .”

I personally have contacted the Governor, the Attorney General, the NY Insurance Dept., NY senators, local assemblyman , and I have even called medicare and demanded to speak with an “INVESTIGATOR FOR FRAUD”, I was told they don’t have one. I have reported FRAUDULENT IME ‘S Independent Medical Examiners the W.C. system ignored my reports.

“ STOP IGNORING THE FACTS ”
“ WE THE PEOPLE ARE SCREAMING FOR ANSWERS ”

Dear Mr. President and all Elected Officials;
I, Donna Gilman will describe myself as a hard working, honest citizen of New York State until my “WORK INJURY” 2/01/2000. I was a happy, healthy critical care RN working at our local hospital with NO DISABILITIES. I paid for my own medical insurance. I was NOT allowed to use. According to the hospital my employer they stated, “YOU HAVE A WORK INJURY”, That is workers’ comp. I knew all medical people at my place of work. As a nurse we do lifting everyday ALL day. I was injured at work and because I complained about not getting the proper medical treatment in a timely manner writing many letters and careful documentation of everything; my employer, their self insurer now Em Risk Management. ( aka GOW management, aka HRH Risk Management) fought back harder, delaying tests, monetary weekly benefits were purposely held for one time up to 4-5 weeks, requests for approvals ignored and most important spinal surgery “IGNORED” and spinal rehab “DENIED.”
All doctors did not hide how they felt about this system. I heard many times over how awful a system it was. I found out just how ruthless it was.

1. I didn’t get diagnostic tests or medical treatment in a timely manner. My spinal cord was flattened for over a year ( 15 months) causing many other nerve and neurological damage , muscular disorders, many problems and chronic and needless suffering from all the delays in treatments , needless and limitless useless hearings, abrupt stopping of my much needed medications after my cervical surgery.

2. Independent Medical Examiners (IME) doctors? IMES’ perjured in their reports and frauded the worker . Sec 114 (2). I reported them to NYSWC and was IGNORED.

3. I was DENIED NYSWC “ DUE PROCESS”

4. After paying me full benefits $400.00 a week from my cervical surgery July 2001 to Aug. 2003. I complained to my employer of being STALKED at my home and being chased to my employers by vehicle. All CARE MEDICAL, MEDICATIONS and MONETARY BENEFITS WERE STOPPED ABRUPTLY. The expense rolled over to MEDICARE.

5. In a WC Hearing in Dec. 2003 the Judge found in my favor and awarded all that I was entitled to receive under the WC Law. That was quickly reversed by an appeal by a three member board panel. Three unqualified, non- medical governor appointed individuals. One female was an RN worked at a nursing home. I was quickly DENIED a review by the 12 member board panel. I was also DENIED a conciliation “DENIED DUE Process.”

6. The employer appealed and the three member board … APPOINTED BY GOVERNOR PATAKI that has NO MEDICAL DEGREES except for one, had a RN degree and had worked for a nursing home. These three went against the Judge and found for the self insurer and employer. These THREE BOARD MEMBERS are NOT medically qualified to make a decision on the depth regarding neurosurgery, against the advice of the workers neurosurgeon. Nor the medical future of anyone.

7. IMES’ are traveling from Mass. and Vermont and sign with a third party in Albany, NY. They come to our state to commit fraud against our INJURED WORKERS. NYSWC is aware and has IGNORED my complaints. NO ONE CARES… SELF INSURERS and IME’S ABIDE BY “NO LAWS.” THIS IS PATHETIC. Making money off our sick and suffering and they don’t even live in this state.
I am volunteering to be the ADVOCATE and VOICE for all disabled and indigent people alike. That the workers’ compensation system supports that are injured are taken advantage of. For those many injured workers’ that could NO LONGER TAKE the STRESS of a corrupt system and the SUFFERING. The horrific pain without proper medical treatment in a timely manner. Then benefits abruptly STOPPED losing everything they worked hard for. Their homes, family, their health, bills mounting, electric SHUT OFF, careers and DIGNITY. Some are no longer with us. Some have committed suicide and some murder then suicide.

8. I have been STALKED at my home and chased by an old man in route to my employer the hospital in Plattsburgh. I reported him to the BCI. I have gone through HELL.

9. Others have been video taped getting their medicine, groceries or at the IME examine, while some on heavy pain meds and their benefits stopped and some arrested because that video is allowed to put that injured person in a false light.

10. I am a member of Injured Workers of New York. Mary Jeffords is the President. This BRAVE and COURAGEOUS woman has been put through hell by workers’ comp. and continues to be forced to seen by doctors that are not even or some NEVER had a successful practice. Mary forced to endure many years of unnecessary touching and being forced to things that cause more PAIN. Corrupt IME’S over 32 times over the last 17 years. Threatened if she fights for more benefits they will cut her home care.
This very brave woman saved a co-worker from a violent and vicious attack from a patient. She nearly died. Mary lost everything and resides in an apartment in a WHEEL CHAIR with rods in her back, and will have chronic pain her entire life. Not to mention the lifetime of stress from workers comp. fighting for what she is entitled to.

11. Others are arrested and put in jail, then left with a criminal record for getting injured on the job. Yes, there is a small percentage of FRAUD but those are obvious and brought to justice and should be under the workers’ compensation law. WC Sec 114 (1).
There is consistent FRAUD from IME’S that under WC Sec 114 (2) NEVER is BROUGHT TO JUSTICE.
THIS WOMAN SHOULD HAVE BEEN GIVEN A MEDAL FOR SAVING THE LIFE OF HER CO-WORKER while on the JOB.

PLEASE HELP US… Do the right thing for ALL NEW YORKERS and the UNITED STATES OF AMERICA. EXPOSE the FRAUD on our GOVERNMENT and SAVE not only injured workers’ the disabled, but this will save BILLIONS of DOLLARS that is rolled back to the tax payers. INSURERS are making off with BILLIONS in PROFIT.
My question to ALL OUR NEW YORK ELECTED OFFICIALS;
WHO WILL HAVE THE COURAGE to DO SOMETHING ABOUT the LARGEST HEIST OF GOVERNMENT MONEY IN AMERICA’S HISTORY!
THIS IS OUR MONEY, THE PEOPLES’ MONEY the TAXPAYERS MONEY, the HARD WORKING PEOPLE.
IT is for this very reason that our MEDICARE, MEDICAID and SSI, SSD is GOING BUST. I am a critical care registered nurse that has been depending on Social Security and MEDICARE to survive. Paying for my work injury since 2001. I was just 45 years old. I am now 50 and because of the corrupt system I like so many others is collecting SSD and depending on Medicare and Medicaid to survive and congress wants to cut those programs. Taking from the POOR and DISABLED.
My employer Champlain Valley Physicians Hospital and their W.C. insurer EM Risk Management abandoned me after my WORK INJURY. One does NOT have to wonder why there is a medical crisis in America. Or why there are not enough students studying to be a Registered Nurse, or studying to be doctors. Ask any credible, honest, successful doctor about the workers’ comp. system.
I, Donna Gilman along with Mary Jeffords will continue to fight for indigent, suffering injured workers, and the disabled for the rest of our lives. Until the LAWS are enforced to PROTECT US, “WE the PEOLE.” My spinal damage, nerve and muscle damage not to mention STRESS is a constant reminder of our everyday of suffering. This is what keeps us fighting because we know others will suffer as we have. If, “WE THE PEOPLE” don’t do something about this HORRIFIC FRAUD. The DARK SECRET OF AMERICA. I would never have known about such barbaric medical misconduct in today’s society. If it wasn’t for my WORK INJURY, and the relentless suffering MY FAMILY and I have been forced to endure I would NEVER believed how the Injured are forced to suffer. Not in today’s society.
However I do have to admit it has been a GREAT COVER-UP.
Taxpayer, hard worker gets work injury. Workers’ Comp. has confusing, harsh hidden laws that allows the employer and or W.C. insurer to stop care and benefits. Hoping the stress, wait, and suffering that indigent suffering hard worker will give up. Saving Millions of Dollars for the employer and their INSURER. This is called “BAD FAITH CLAIMS.”
Because once on social security and Medicare or Medicaid the COST goes right back to the HARD WORKING PEOPLE. Brilliant, but ILLEGAL. Then if one can not work at all, the disabled will continue to suffer for over years for approval of social security. Then another year for Medicare. A vicious circle.
I would like to add this is NOT POLITICAL. I want to stay focused. I am confident Attorney General Eliot Spitzer will be voted in as Governor. He has proven to the injured workers and INSURANCE companies he will go after anyone who breaks the LAW. AIG is evidence of this man’s character he is NOT AFRAID of large or small companies. HE will work for THE PEOPLE. Eliot Spitzer “WILL” get the job done for the “REFORM of WORKERS’ COMPENSATION.” I did file a complaint with him but I did NOT know that if there was a problem with workers’ compensation or “Bad Faith Claims” that he is responsible to be the ATTORNEY for the STATE. As Governor he will be for the state of New York however in a different capacity. Eliot Spitzer will be in the position and already has the knowledge to help the injured workers’, disabled people and protect our Medicaid. I am also convinced that he will fight to preserve our Social Security. To all government officials this is OUR, We the People’s MONEY. QUIT BORROWING FROM IT, leave it ALONE.
One more thing I researched yesterday the workers’ compensation vs. Medicare in ALL STATES. Apparently Medicare keeps a list of all the workers’ comp. individuals. The fund is set up for workers comp. people that are denied. Called the WCSAF, workers comp set a side file. We the People DEMAND to know who is monitoring this list and when does the money stolen from Medicare to cover work injuries EVER is “REPLACED?”
WCSAF -The primary purpose of the non-Medicare beneficiary WCSAF is to
maintain a file of individuals who were injured while employed; are not
currently Medicare beneficiaries; whose WC Settlement included a WC
Medicare Set-aside Arrangement that is intended to pay for future
medical expenses in place of future Medicare benefits; and was approved or not approved (denied) by CMS as submitted. The information retrieved from this system will be disclosed to: (1) Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor or consultant; (2) another Federal and/or state agency, agency of a state government, an agency established by state law, or its fiscal agent to contribute to the accuracy of CMS' proper payment of Medicare benefits, enable such agency to administer a Federal health benefits program, or enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds; (3) an individual or organization for research, evaluation or epidemiological projects related to the prevention of disease or disability, the restoration or maintenance of health, or for understanding and improving payment projects; (4) support constituent requests made to a Congressional representative; (5) support litigation involving the agency; and (6) combat fraud and abuse in health benefits programs funded in whole or in part by Federal funds. We have provided background information about the modified system in the Supplementary Information section, below. Although the Privacy Act requires only that the ``routine use'' portion of the system be published for comment, CMS invites comments on all
portions of this notice.
I am fifty years old and always worked hard. I have only “VOTED” once in my entire life because I always felt that POLITICS is corrupt. For the past year political corruption is all over the news, confirming my suspicions. I voted last year. I am NOT republican nor a democrat nor left or right nor liberal what that all means I don’t care.
What I care about is the people, honesty and what is best for us the hard working tax payers.
I had written to Governor Pataki THREE times in the first three years of my work injury because of the delays in medical care, the added physical and emotional damage and suffering it was causing me and my family, BEGGING for HELP. He didn’t care I was just a number to him. I strongly feel Governor Pataki could have SAVED my career as a critical care nurse and saved my life.
A lifetime of horrific suffering with physical, emotional “PAIN.” I will forgive his negligence and his misconduct with hopes that my pain and suffering along with courageous Mary Jeffords will some day make a difference for our children and others that will receive a work injury. Our PAIN will not be in VEIN! I suggest that the future appointments of the 12 Board Members are impartial. Six appointed on behalf of the injured worker. The other six competent educated, honest medical people that will render a fair decision.
This will certainly help people with acute work injuries to faster, quality medical treatment in a timely manner. Lessening the need for long term treatment, reducing medical costs. Not to mention decreasing INSURANCE FRAUD and decreasing the need for that worker to even need social security, Medicaid or medicare.
We the sick, disabled and injured hard working people have full confidence that he will appoint credible, honest, knowledgeable and educated people in the medical field for Board decisions on someone’s medical future. Thank You to all elected official!

Sincerely,

Donna Gilman RN (ADVOCATE for Injured Workers’ of New York)
P.O. Box 1569 Plattsburgh, NY 12901

President George Bush
All elected officials in New York and abroad
Injured Workers of New York Mary Jeffords

There is "NO DATES or SENATE COMMITTEE SET UP FOR
FRAUD AGAINST INJURED WORKERS and the CORRUPTION that our WC TOLERATES KNOWINGLY.
There is NO ONE to investigate IMES' or SELF INSURERS from BAD FAITH Claims like mine and so many others.
WE NEED HELP ! Many of us went to college to get a great career just to have it taken away by INSURANCE MONGOORS. I was told there are "NO" laws to STOP the Bad Faith , FRAUD from IMES' and the SELF INSURERS.
Does anyone care what is happening to us. Trying to survive on welfare or social security like I . When I was entitled to benefits. I have been on social security and MEDICARE since 2001 , I was 45 y/o. How PATHETIC.
Does anyone care that people lose everything they have worked their ENTIRE LIFE FOR ! Some are in so much pain emotionally and physically they COMMIT SUICIDE.
CORRUPTION and Workers' Compensation REFORM needs to be first and foremost on the AGENDA.The "INJURED WORKERS like I that was refused care , delayed, and benefits, medical NEED YOUR HELP. NOW !
If a worker is disabled for life then either permanent partial disability or Permanent Disability MUST be PAID. That was the law since 1914. Or I submit that I will campaign that injured workers just SUE their employers because workers comp. corruption and allowed FRAUD from IMES' and self insurers will take your life.
I would love to speak as an advocate for Injured Workers if you would like to hear our HORROR STORIES. PLEASE HELP US. I ask that you ALL look at the PROFITS these INSUERS are making from the SUFFERING HARD WORKING INJURED WORKER and premiums from employers. We need someone with COURAGE to step up , just like Attorney General spitzer did. GREAT JOB !
WE NEED AN INVESTIGATION into our allegations. We need OUR LIFE back with some benefits we are entitled too.
Dear GOVERNOR ELIOT SPITZER,Lt. Governor and all elected Senators, 2007 IS HERE, TIME TO GET TO WORK !
I and other "INJURED WORKERS and DISABLED people" helped vote you in office. It was "YOU" that had the COURAGE, STAMINA, and proved to be a tenacious and "HONEST" compassionate man that went after certain insurance companies for what they were doing to the hard working people. It is now that those hard working "INJURED" people like myself need you to stand strong and let all know that you will NOT support any disabled people , or hard working "INJURED WORKER" from New York to end up on the welfare role, Nor allow them from having to go on Social Security and medicare at age 50 like I or any age for that matter. This was do to a corrupt workers' comp. system with corrupt IMES' , INSURERS that are lawless and , Governor Spitzer you are well aware of.
Governor Spitzer I was poor all my life and worked since I was 11 y/o ,I always wanted to be a nurse. At age 36 with three years of very hard work for a nursing degree I full-filled my life dream. I was injured at work in the critical care unit lifting men. Herniated two discs that flattened my spinal cord. My employer , their insurer and the workers' comp. system ignored my pleas and my neurosurgeons URGENT request for neck surgery. Finally over a year went by and a domino effect of many more medical problems( I was healthy before this work injury) and many hearings later and visits to fraudulent pathetic IMES, my medications stopped, medical refused the LAW JUDGE ordered my surgery.
I now SUFFER with many spine, nerve , muscle and CHRONIC PAIN 24/7 because of all the delays, refusals and negligence from ALL forementioned.I wanted to reopen my case because my neurosurgeon found after a horrific myelogram that nerves above my 2 inch plate put in to decompress the spinal cord are now being compressed.According to an IME this is not related to my work injury.My neck surgery was paid by the insurer and the Law Judge ordered it but the nerves above the sight or muscle and nerve damage and PAIN is not related according to a very well PAID fraudulent IME. My case was closed even with many expert doctors evaluations. There is a law that IMES' have to be somewhat consistant with expert or injured workers doctor. I was "REFUSED DUE PROCESS" and no one gives a ....I live solely on social security $853.00 a month. I cry all the time because I miss my career , my patients and my health that I had.
GOVERNOR SPITZER I know you would not tolerate this corruption. I am a critical care nurse and will always be, but I can't tolerate the pain that the system left me with literally totally disabled and without medical care, medications to control my pain,nor any monetary benefits, NONE!. Emotional and physical Pain, like so many others. My case was wrongly closed I should be drawing WC for life. If one's work injury caused by the delays, refusals and negligence of the employer, their insurer or WC then "INJURED WORKERS" are entitled to benefits for life according to the agreement and laws for WC made in 1914. These laws are there they are just NOT being followed. I am ENTITLED to benefits but I will never see a dime and I am a critical care nurse , I knew what they were doing to me.
I pray everyday that you will set the fraudulent IMES' and the EMPLOYERS,WC SYSTEM and INSURANCE mongoors straight.
If I may suggest a panel of trusted people that can follow or study a state that received an "A" in a study that was done and rated on their WC System. IOWA got an "A". I would be glad and willing to speak to you or anyone you choose with suggestions on what needs to change. Appoint me to the Board I will gladly put the system in the right direction.Thank You for your time.
I BEG YOU TO HELP US and STOP the INSURERS from CAPITALIZING off our "PAIN and SUFFERING". Read the studies the insurers PROFITS ARE HUGE from INJURED WORKERS.
I TRUST you Governor Spitzer Lt. Governor David Paterson and all elected senators.
Sincerely,
Donna Gilman RN(disabled by a WC System