The NCAJ expects N.C. Representative Dale Folwell to file a bill to vastly reduce the rights of injured workers in North Carolina sometime prior to March 24. While the exact substance of the proposed legislation is uncertain, the intent of this bill is clear: to pander to the special interests of the N.C. Chamber of Commerce, the Insurance Industry, and large corporations. The legislators proposing this bill will do so at the expense of individuals who suffered legitimate, disabling injuries in North Carolina in their employment. The victim of this law will be you!
It is expected that Representative Folwell and his colleagues will propose legislation that will completely overhaul the
current workers' compensation law in North Carolina.
This is a shameless attempt to quickly push through a bill (largely without the public's knowledge), and completely change the law to the detriment of disabled workers for the benefit of special interest groups. The expected bill will do several things, so we'll address the likely issues in turn:
First, it will allow insurance companies (Defendants) complete control over medical treatment of injured workers. Insurance companies would choose the treating physician. The injured worker could feasibly change the treating physician once, but his "choice" would be limited to a selection from a group of doctors determined by the insurance company (obviously not a "choice"). The treating physician would be required to obtain prior approval from the insurance company for every recommended treatment or referral. The Defendants would be allowed to discuss your treatment with the physician without prior knowledge / consent, a practice which the N.C. Courts currently explicitly acknowledge as improper.
The proposal regarding medical treatment would essentially be a complete reversal of the current medical process in a workers' compensation case. The intent is simple: to take away any rights the injured worker has, and allow the insurance company to pay essentially nothing for disabling medical conditions. If the above scheme results: you will sustain a compensable, disabling injury, the insurance adjuster will send you to a horrible workers' compensation doctor (who will say you need no treatment), send you to another of their doctors (who will say the same thing), the adjuster will deny any recommended treatment (in the event such occurs), and your case will essentially be over. The result: you sustain a legitimate, disabling injury at work; you are left with a crippling injury and no way to obtain medical care or earn a living.
Second, the expected bill would allow the insurance company to stop an injured worker's weekly benefits with an "allegation" that the injured worker failed to cooperate with medical treatment. The current law requires the Defendants obtain an Order from the Commission for your compliance with medical treatment by proving non-compliance. This distinction is important because disputes regarding medical treatment often occur in litigation regarding workers' compensation cases. If this law passes, the insurance company can tell you to go to a doctor who exclusively works for them (with a history of poor performance, etc.), and your weekly check will immediately be cut off for refusing (without any burden of proof).
Additionally, the expected legislation would artificially cap a disabled workers compensation benefits at 500 weeks (with only a few rare exceptions). The current law requires employers to return an injured worker to suitable employment before terminating benefits. This is crucial as many people are unable to return to their prior job due to work restrictions resulting from their injury. If the legislature approves this change, your benefits will automatically cease at 500 weeks, leaving you to find alternative income despite your ongoing disability. Basically, it lets the insurance company off the hook for your ongoing disability at an arbitrary point with no legitimate basis.
If you have questions regarding this legislation, please contact our office and I'll gladly speak with you. However, I encourage you to contact your local state representatives and voice any concerns you have regarding this proposed legislation immediately.
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