Ramblings-n-Writings

Archive for October 20th, 2008

You know how we hear about all these amendments, earmarks, and piggy-backed laws that get attached to bills passing through our government?

Well, I really wonder how much good they do.

The statutes of Florida law, where my hubby’s workers compensation case originated 5 years ago, specifically state that if the workers compensation insurance company is suspending the injured worker’s pay for any reason, they must send due notification to the injured worker. Yeah, whatever.

Another section of the Florida statutes states that 21 days are allowed to pass between checks without penalty. That means we’re not allowed to complain until 3 weeks have passed since the end of the previous pay period.

If all things function normally, we receive a comp check about every 2 weeks. Rewind to mid August. No check showed up. So we pick up the phone and call our attorney.

Well, legally we can’t do anything until 21 days pass (we’re at day 18), but they’ll contact the opposing counsel to see what’s up. And then, if necessary, file a petition on day 21.

Response: Oh, there was some form the injured worker was supposed to sign to release information to Social Security. Since he didn’t sign the form, we suspended his benefits until he signs it.

Um…it’s kind of hard to sign something they never bother to send to us or our attorney. And if they would have notified us of the suspension, like is *ahem* required by law, we would have known about the form and wouldn’t have gone over a month with no checks. Our beloved caseworker isn’t very bright.

Fast forward to last week. No check showed up. So we pick up the phone and call our attorney. We’re at day 19. (Anyone see a pattern?)

Response: Did the injured worker go to his scheduled independent medical exam in September? YES! Oh, okay, we suspended his checks since we didn’t know.

Um…Duh. Ever hear of picking up a phone and calling the doctor’s office? And the notification letter specifically stated that if we failed to attend the appointment, the benefits would be suspended. So why suspend them, without proper notification, when we attended? ARGH!

Supposedly we’ll be receiving our next check any day now including a penalty fee for their going over 21 days. Take a guess at how much the penalty fee is…

Remember that while Miss Caseworker stares out the window popping her gum (I seriously think that’s what she does all day because I haven’t seen very many timely decisions coming from her), we’re trying to figure out how to pay our bills, keep food on the table and in the pet dishes, and fill the car with gas. To us, it’s the equivalent of one of us coming home and saying we’ve been laid off. That income is gone. Poof. Stress.

The fee = $5

Pathetic, isn’t it?

And just in case you don’t know how irked I am, the above mentioned company is one that’s been in the news a lot recently. Ya know the one that got the money and sent people associated with them to the spa and on hunting trips? Yeah, that one.

I can give one very good, legitimate reason why they’re having financial trouble (besides the expensive trips). Miss Caseworker sits in her office popping her gum costing the company in excess of $40,000 in legal fees and that’s just our side. I’m pretty sure those phone calls our attorney made to their attorney and to Miss Caseworker about the suspended benefits weren’t free either.

Now I realize some will say that the insurance business is complicated and nothing can be done in a timely manner because of red tape. Honestly, though, failing to follow the laws doesn’t have an excuse. And in my opinion, neither does waiting 6 months to approve a standard medical test like an MRI or waiting 15 months to approve an orthopedist visit for an orthopedic case. (And that was only approved because the judge threatened an emergency hearing which would have cost them $$$ in fines. Oh, and the law also says that they have a maximum of so many days to approve stuff. Whatever!!!)

So yeah, you’d think after 5 years, I’d be use to this whole workers compensation thing. If they just did what they were supposed to do and abided by the law *gasp*, I might not mind it so much. But, instead, they act like they are above the law.