Gov. Spitzer's State of the State: No Caps on Permanent Partial Disabilities!

Eliot Spitzer is a smart guy (Horace Mann, Princeton, Harvard Law) who surrounds himself with smart people.  It is becoming increasingly clear that the new Spitzer administration has come to the conclusion that it cannot trust the data and misleading statistics on workers' compensation costs, insurance company profits and benefit levels put forth as gospel (and unquestioned by the slumbering New York press) by the Business Council of New York State and the insurance lobby.

The Governor's State of the State Address today was important for what it didn't say. Much to the chagrin of the Business Council and insurance lobby, he did not say he favored capping permanent partial disabilities (PPD's).  He simply said that the system needs to be reformed - something those of us who have represented injured workers these last fourteen years know all too well.

The Business Council (nice new website funded by MetLife, IBM, GE, Citigroup etc) largely relies on statistics from the insurance company CEO controlled National Council on Compensation Insurance (NCCI).  Check out this 2006 "State of Workers' Comp Insurance Line" video or PDF document to learn what NCCI is all about (Short version - gouging New York business with increased premiums to make up for investment losses, even though claims are down!)  It's eye opening to say the least!

Let's now provide all stakeholders and policy makers with a reliable source of workers' compensation statistics and analysis - Professor John Burton's Workers' Compensation Policy Review.  Ever since his days as a professor at Cornell's School of Industrial and Labor Relations to his years as Dean of the Rutger's University Business School, Burton has been one of the leading non-partisan authorities on workers' compensation policy and economics in the United States.  His 73 page July 2006 report entitled: "Workers' Compensation: Benefits, Coverage and Costs, 2004" is the most up-to-date state by state comparison of  key workers compensation data, and is must reading for anyone who wants to get workers' comp reform right. 

Over the next few weeks, we will use this report and others to prove why the Business Council's misleading statistics only prove the old adage, "Figures don't lie, but liars can figure!"

Written By:Donna Gilman RN On January 5, 2007 11:08 AM

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

Written By:Donna Gilman RN On January 5, 2007 11:10 AM

Dear GOVERNOR ELIOT SPITZER,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.
Sincerely,
Donna Gilman RN(disabled by a WC System THAT supports INSURER and IME FRAUD)