[Net-Gold] Illinois Punishes Workers for Employer Deceit
David P. Dillard
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Date: Sun, 05 Jun 2011 01:55:46 -0000
From: JonG <j...@gelmans.com>
Reply-To: Net-...@yahoogroups.com
To: Net-...@yahoogroups.com
Subject: [Net-Gold] Illinois Punishes Workers for Employer Deceit
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Illinois Punishes Workers for Employer Deceit
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The efforts by employers, insurance carriers and
the Chamber of Commerce in Illinois, to take away
the rights of injured workers and strip them of
benefits may have all been based on Industry fraud.
Recently obtained documents, secured under the
Illinois Freedom of Information Act (FOIA), reveal
that the employer's own doctor had in-fact validated
the causal relationship of the medical claims of the
injured workers to work.
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A campaign in Illinois by Industry to dismantle the
State's workers' compensation system was triggered
and flamed by a story appearing in a local newspaper
asserting that several correction officers had filed
fraudulent claims for repetitive motion trauma to
their hands. The local news report insinuated that
the claims could not have been credible.
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The story, for some suspicious reason,
was disseminated in a viral manner on the Internet.
Concurrently, the Illinois Chamber of Commerce
went on the attack claiming that the workers'
compensation system in Illinois was loaded with
fraudulent activities.
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The Chamber and employers lobbied for legislation to
strip injured workers of what little rights they still
had under the law. The statutory changes they sponsored
reduced ill workers access for benefits, reduced medical
treatment expenditures by 30%, and set up a series of
hurtles that left the injured without remedy to cure and
relieve conditions caused by work.
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Even that wasn't enough. Supporters of the Industry's
draconian legislative effort, have now vowed to return to
take away the basic promises granted workers a century
ago, that injured workers could obtain the limited and
capped scheduled benefits, under a no-fault system.
The workers' compensation system was intended to provide
a remedial and expeditious benefit to injured workers in
a summary and efficient fashion, without the element of
fault being considered.
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A hidden report reveals that Anthony E. Sudekum, MD,
a Board Certified Hand Surgeon, retained by the
employer, State of Illinois Department of Corrections,
on March 30, 2011, after and extensive review
of the facts, circumstances, inspection of the
premises and equipment, and examination of the
employees, concluded that, on the job activities
contributed to their illness. He wrote,
"?I feel that ?.work activities at Menard Correctional
center served to aggravate?bilateral carpal tunnel
syndrome and left ulnar neuropathy."
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Furthermore, some contend that the neurological illnesses
that appeared at the Menard Correctional Center may have
been the result of a mysterious disease cluster that
warrants much further investigation instead of a
knee-jerk denial. Similarly, a mysterious outbreak of
disease in Philadelphia ultimately resulted in the
discovery of Legionnaires Disease. Today the US Centers
for Disease Control continues to investigate worldwide
clusters of gastro-intestinal conditions to determine
their potential causal relationship. It is through
continued medical research and investigation that we
make the workplace healthier, safer and more productive.
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We should learn from history.
In the past, employers and manufacturers
were also caught intentionally concealing
the hazards of asbestos, tobacco and lead
paint. That left a legacy of disease and death,
and billions of dollars of economic loss.
One would think that everyone learned from
those tragic mistakes. For our nation to survive,
employers must take an active roll in improving
the health of our workers, and build a stronger
system, rather than just deny the hazards of the
workplace and blame the injured.
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Complete Article With Links:
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Jon L. Gelman LLC |
Attorney at Law |
http://www.gelmans.com
1700 State Route 23 Suite 120 |
Wayne NJ 07470-7537
o. 973 696-7900 |
direct f. 973-807-1811 |
mailto:
j...@gelmans.com
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