A smack in the head with a pair of tongs compressed rig worker Richard Johnson's spine. Wyoming's workers' compensation program stepped up to cover his medical costs and part of his lost wages.
With a long recovery ahead, Johnson agreed that "vocational rehabilitation" was a good idea.
He enrolled in Western Wyoming Community College but was soon forced to drop out. Workers' compensation had refused to pay. It was 1981. Johnson was 21, newly married, with a daughter and a house payment. So he was forced to earn a living the only way he knew how: back in the oil field.
His doctor's release came with orders not to lift anything heavier than 10 pounds, which amounted to a nudge and a wink on the rig. One day Johnson bent over to pick up a mud sack and felt a pop.
Twenty-seven years, and half a dozen back surgeries later, Johnson said the division's incessant denial of claims and its seemingly deliberate harassment have taken a bigger toll than his injuries.
"I'm seeing a very beautiful family being destroyed because I got hurt at work," Johnson said. "Your injury is just an injury. But what workers' compensation does to you is completely destroy you until you give up."
Complaints prompt study
Sen. Charles Scott, R-Casper, said the volume of complaints and testimony about workers' compensation in recent months persuaded lawmakers to launch an interim study. The study will be led by the Joint Labor, Health and Social Services Committee.
"That was one thing on every senator's list was workers' compensation," Scott said. "We heard quite a bit from some proponents that we have some real problems there."
Lawmakers were prompted by worker advocates who recounted dozens of stories just like Johnson's, insisting that abuses by the agency are not isolated events, but symptoms of a broken bureaucracy.
"I think workers' compensation is trying to prevent fraud, and in doing so case analysts get jaded and start suspecting everybody. Then legitimate claims get a hard time, and we have seen a number of those," Scott said.
The paramount concern among legislators has been the average caseload for the division's claims analysts. Each of the 48 claims analysts is responsible for about 286 cases, according to outgoing Wyoming Workers' Safety and Compensation Division Director Gary Child.
But Child notes that not all of those cases require daily or weekly attention.
"They have a blend of cases, some that perhaps have just filed application. Those require timely, appropriate action. And we have cases that never close with the division. We have cases dating back to the '50s," Child said.
Twice in recent months, Child has testified to legislators that the caseload is manageable. The caseload is being audited in comparison with other states' workers' compensation programs.
Lawmakers were pushed into the interim study by the Wyoming Trial Lawyers Association, the Wyoming AFL-CIO and the government watchdog group Equality State Policy Center. The groups have organized two public forums in recent months to highlight problems with workers' compensation. The first was in November, the second in February.
More forums will be scheduled throughout the state this year, according to organizers.
"The reason we came up with this forum is we got tired. We got tired of the continued assault on workers," said Kim Floyd, the Wyoming AFL-CIO's executive director.
Floyd said an "open for business" attitude among legislators and years of industrial lobbying have tilted workers' compensation into an "employer protection" program that systematically discourages workers with long-term injuries from seeking claims at all.
Laws and bedside manner
It's been 12 years since the last significant reform of the workers' compensation program. In that time, the division has gone from a bankrupt system to one that has amassed tens of millions of dollars in cash surplus.
While attorneys including George Santini insist the surplus was "bought and paid for with the blood of the injured worker," leaders in the business community say workers' compensation is a fair, efficient program that carefully scrutinizes every claim.
The system works for the most part, said Larry Madsen, vice president of Black Hills Bentonite in Casper.
"There are always exceptions one way and the other, but I don't quite understand what the issue is at this point," he said.
The cash surplus inspired legislation this year that would have given employers a rebate on their premiums. The legislation failed.
Criticism of workers' compensation is divided between the laws that guide the agency's procedural operations and the agency's own execution of those laws.
Critics say changes to workers' compensation statutes have steadily reduced benefits and stacked on procedural requirements that seem to place an undue burden on injured workers.
In regard to bedside manner, the division has been accused of harassment. Tactics include baseless and continual denial of claims that are ultimately proved legitimate and compensable, "doctor-shopping" for desired diagnoses, and outright intimidation by claims analysts.
Child said he cannot counter specific accusations, because state law prevents him from discussing details of individual cases. But he rejects all notions that his agency engages in any such activity and says most people who use the system are satisfied.
"Workers' Compensation is an eligibility-based program, and as with any human service delivery system of this nature can be subject to criticism when an individual's expectations are not met," Child said via e-mail.
In a follow-up phone interview, Child said anecdotal accusations are common with any human service delivery program.
"It is subject to a high degree of criticism, whether objective or subjective," he said. "I firmly believe the division is providing an array of medical and indemnity services to the injured worker, and in an equitable and consistent manner."
The agency is also statutorily prevented from releasing information about individual employers' track records regarding the number of injury claims filed by their workers, according to Child. That means workers seeking employment cannot check potential employers' safety records.
State laws also prevent the release of information regarding delinquent payments from individual employers, according to Child.
Bill Schilling, president of the Wyoming Business Alliance/Wyoming Heritage Foundation, said he suspects trial lawyers are behind the push for workers' compensation reform.
"It's trial lawyers who stand to benefit, and organized labor that's protecting its membership, and the Equality State Policy Center, which has a collaborative relationship with AFL-CIO," Schilling said.
(The AFL-CIO and about 14 other labor groups are among the 32 member organizations listed on the policy center's Web site. The Wyoming Trial Lawyers Association also is on the list.)
"OK, so there's eight or nine instances where there was an issue," Schilling continued. "But what about the hundreds of thousands of cases that have gone the other way? We just hear about the bad and not the good."
Why it matters
Supporters of workers' compensation reform say that at a time when Wyoming's work force is stressed to the limits, churning out unprecedented public revenue and business profits, many who get hurt on the job are denied the benefits they deserve.
The effect is that injured workers who don't find help with workers' compensation are forced to turn to other government assistance programs.
On the personal front, the impact is devastating to families. Some families are forced into bankruptcy, college funds get raided, and couples divorce.
"My family, my whole life has gone down the drain," said Mike VanPatten of Evanston.
VanPatten has struggled with workers' compensation over a back injury he sustained in a rig accident. He said employers pay good money into the program so that workers who get hurt on the job can get the help they need without becoming burdens on taxpayers.
"But they do everything they can in their power to get rid of you, and not take care of you like they should. They try to get you out of their hair and dump you on average taxpayers," VanPatten said.
Laws guiding the workers' compensation program are designed to carefully scrutinize claims, in order to have a fair and efficient use of the premiums paid by employers, Sen. Scott said. He said if the rules are unevenly applied and an injured worker doesn't receive fair compensation, then that's a problem with management.
Scott said claims analysts have the difficult task of vetting claims according to a complex set of factors, including an aging work force and a lot of physical labor.
"You get people who get to be 55 or 60, and there's a whole bunch of normal aches and pains. You just can't do what you could when you were younger. So when they get an injury they think it's time to retire," Scott said.
No matter what your personal experience is with workers' compensation, a careful review of the division is critical to fostering Wyoming's energy boom, according to Casper attorney Hampton Young.
"These are people trying to live the American dream. They're paying taxes, shopping at Wal-Mart. They're people that our economy needs to keep going," Hampton said. "Why would an employee come to this state to be subjected to this system when he's injured?"
Energy reporter Dustin Bleizeffer can be reached at (307) 577-6069 or dustin.bleizeffer@trib.com.
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BULL wrote on Mar 16, 2008 7:51 AM:
Ebeneezer wrote on Mar 16, 2008 9:43 AM:
RLA wrote on Mar 16, 2008 11:26 AM:
Disgusted Wyomingite wrote on Mar 16, 2008 1:23 PM:
are not on the recieving end of it. "
BeenThere wrote on Mar 16, 2008 1:30 PM:
I refuse to be one who takes advantage of the system, and prefer to do what I must to keep working, but Worker's Comp treats you like a criminal, always suspecting you're trying to pull something with them. "
Scared wrote on Mar 16, 2008 1:35 PM:
Of course most of these were positive! This survey is given to injured workers to fill out. However, your case number and name are on the survey! Who is going to be dumb enough to actually complain when they can track you?
I had a lot of problems with "the system," but there isn't any place to go to get help! I made one negative comment to my case worker once. After that, I was treated very poorly and rudely. I'll never complain again due to the risk of retaliation by Worker's Comp and their workers. "
b. brettin wrote on Mar 16, 2008 1:57 PM:
Another way they try and dump an injuried worker is start sending a person to their doctors that are picked to give work comp a whole different report than you have already gotten from 5 or more doctors . The money that is spent on trying to knock you out could pay for two or three years of medical. I have asked for nothing more then my medical to be paid as was court ordered over and over and has been denied by my case worker (lois hartse). The state has paid for another deposition from everyone in my case.Plus lawyer fees. And all of the different hearing examiners I have been thru is unreal also. How can you get a fair hearing when the hearing person is always new and it starts over again. Do they stop working for work comp?
Lois Hartse said the reason she stopped paying my claims was she was worried about my medication. But didn't even call my doctor and ask about it. Instead she just quit paying. That was in 2004. Even went as far as telling the pharmacy not to bill them as she would not be paying. That was a nice Christmas gift. I would like to know if she has any medical training.
People think people on work comp are getting money to live on but most of us just want our medical paid. We have to live the rest of our lives fighting our disabilty. We should not have to keep fighting work comp. to get what is court ordered. Lois should live in my shoes for one week and then see what a fun time it is. I hope all the people that are getting denied and have had to give up come forward and let the state know how they are treated by this system that is very broke. I even tried to get help from our representative for sheridan and he got the door slammed shut. Basicly saying there was nothing he could do.
Work Comp and the legislature have meetings but no one ever hears about the meetings. I hope they will post there meetings in all the Wyoming papers so people can attend. The meeting I went to in Nov.2007 there was only 3 of us to speak. And it was an accident I even found out about it. The person speaking for work comp said they let us pick our own doctors and don't make us go to there doctors! That was another one of there untruths. If anyone is going thru anything with work comp please come forward. Because it is getting harder and harder to find a doctor or lawyer that will see a patient on Work Comp. because of all the hassle they have to go thru. It is time that the injuried Worker stands up to the treatment we are put thru. I want to thank Dustin and the Casper Star for working on this. It is time we have someone behind the hurt worker. Thanks alot "
old nurse wrote on Mar 16, 2008 4:38 PM:
d harvey wrote on Mar 16, 2008 5:02 PM:
Titus Kratz Jr wrote on Mar 16, 2008 5:47 PM:
skullvein wrote on Mar 16, 2008 7:16 PM:
EmployerSupport wrote on Mar 16, 2008 8:03 PM:
crazy horse wrote on Mar 17, 2008 9:34 AM:
Sylvia wrote on Mar 17, 2008 12:51 PM:
Kudos to Casper Star Tribune for highlighting concerns in the Worker's Compensation division. What about looking at the oil and gas industry, its safety record and our governments seeming lack of response to the oil rig deaths I see reported in your paper?
I have also heard from a few local men that there is a lot of pressure to not report accidents on rigs, and if the accident is reported, good bye to your job. One way or another, you will find yourself unemployed.
As a resident of our great state, I am appalled at the industries apathy, and the lack of response to this serious issue. Many see the oilfield as a great employment oportunity, but, what good is this opportunity if the employee is so expendable?
Sylvia "
Sullivan wrote on Mar 17, 2008 1:16 PM:
Take Michael Moore with you. "
Crewella Daville wrote on Mar 17, 2008 1:19 PM:
BULL wrote on Mar 17, 2008 2:54 PM:
b brettin wrote on Mar 17, 2008 4:28 PM:
oldmunchkin wrote on Mar 17, 2008 8:35 PM:
Crewella Daville, when the bills pile up, the lilghts are shut off due to lack of payment, and there is nothing in the cupboard but dried up moths, maybe you will feel differently. What makes you think YOU subsidize a program that is employer paid? All employers are required, by law, to pay the premium for workman's comp, on ALL their employees. When your "normal" bills go unpaid, because workman's comp finagles their way out of paying again, you are desperate enough to work, even tho you KNOW you shouldn't.
We dealt with worker's comp for 1 month of injury related off time. Seriously, 3 months later they were still sending BS paperwork, wanting more crap. By that time, hubby had been back to work for 2 months. All we needed was the medical taken care of, since we have no insurance. If hubby's employer hadn't been one of the few who will go to bat for their hands, we would still be paying those bills off. "
lowerarapaho wrote on Mar 18, 2008 8:22 AM:
I have a feeling the bad rating I gave workers comp. on my survey has come to haunt me. "
Sylvia wrote on Mar 18, 2008 9:08 AM:
I have however, met some that have and the horror stories are alarming.
Crewella and Sullivan, these are not 'deadbeats' (yes, yes, I am sure there are people who use the system to get what they want, ie: Enron execs) these are your neighbors, your friends and maybe (i hope not) you or your loved ones. We should be concerned that when a system is put into place that is supposed to protect us from injury in the workplace does not do its job or makes the problem worse by compounding the problem with its heavy rules and regulations. These protections were put into place during the early industrial age because companies did not take care of their employees when they were hurt, and did not provide safe work environments!
"
LarrynWyo wrote on Mar 18, 2008 1:02 PM:
OK, medically, I suppose I received adequate medical attention, three surgeries, two years of physical therapy. What was crazy though, a day after the third surgery, Worker comp sent me to an “Independent Medical Evaluation”, and IME or basically, to an “Insurance Medial Whor-.” OK this IME gave me a permanent impairment and agreed with my doctors, I could not return to my previous profession and that I should avoid ladders, and walking on inclines. Basically, I have my life and livelihood snatched from me! It is bad enough that I went from steak and potatoes to potatoes and rice, but I also loss the full use of my legs. However two good things came from this IME, I suppose, I was given an impairment, which awarded me $16,000, which basically paid off me credit cards, but I was also told to find a new profession!
During this whole ordeal, I had to fight with Workers comp, imagine that? OK, I take that back, I really had no problems until I hired an attorney, then things got worse. Checks were not being sent, medical prescriptions and rehab concealing were denied, milage was not being paid, hmmmmmmmm sound familiar? But when I did my vocational rehab testing and the counselor basically asked “what do you want to be when you grow up?” I had had it with the workers comp system, so I went to law school to become a certified paralegal. And being from Wyoming, I hated the life in California so I moved. I moved to Idaho where I was told that if you work in a law office for five years, you can apply to law school and get your JD.
I immediately went to work for a personal injury/worker’s comp law office and worked many cases. I enjoyed it and I had high hopes that I could help injured workers and maybe, just maybe help beat the workers comp systems in Idaho, Wyoming, Utah and Montana. Guess what. Not going to happen! After nine years, I gave up hopes that the system would ever benefit an injured person. I came to the conclusion, that if the system was to ever change, only those insurance adjusters, Lawyers, legislators, doctors or those making the final decisions, should have the prerequisite of having an on the job injury!
Here in Wyoming, we are the least populated state and one of the richest states in the Union. Our state government has a surplus of money that they do not know what to do with, how about giving it back to us! Put this “surplus” into Workers comp, and adequately pay those of us that are injured on the job! And make those making the final decisions have the prerequisite of having an on the job injury!
My last and final point, if the company you work for offers a disability insurance package, especially one that covers on the job injury, take it! Take my above scenario for instance, Workers comp, God bless their soul, they paid me $196 per week and that disability plan that costs me $25 per month, they pay me the remaining or even a portion of the $600 that WC does not care about, well sounds like a good investment to me. Always remember, “if you are not watching out for number one, you just may step in number two.” "
whateverrrrrrrrrrr wrote on Mar 18, 2008 2:55 PM:
aaa wrote on Mar 18, 2008 5:40 PM:
i for one am not supprised. they like their profits above all else and all one has to do is look at the area around wamsutter for miles upon miles pad after pad. similar sights around kemmer and many other places and states. they get around taking care of the enviornment for said profit what in the world makes any one think they are going to be concerned over an injured employee. and if it is true that they frown on anyone filing for wc and blackballing you if you do then that supports the idea they dont care for anything other than profit.
this industries attitude appear to still be in the early industrial era. from the stories perhaps other industries as well.
if even one of these stories is true (and i suspect most are) then wc needs spanked, ridden hard and put away wet till they get it right.
why is it that governmental agencies believe we are here at their pleasure when in fact they are there to provide service to the people. but then wc would have to have a rational cognative thought process and a little compassion and work ethic. this is so very hard for the government to do.
i bet wc employees make a lot better than minimum wage sitting in airconditioned offices in the summer and heated offices in the winter. they probably have insurance to cover their families at taxpayer expenses. less chance to get injured so they dont have to worry about where the next meal will come from.
i suggest that the legislature add language to the statute where the injured party can sign a medical release in accordance with the privacy act rules and wc would be compelled to release the case data to whoever the injured worker wants it to go to such as legislator or other advocacy groups. then you have automatic oversight at least the start of it.
also if it is a disabeling physical injury then where is the federal ADA agency and its ability to impose fines. perhaps a nice little audit and lengthy investigation by them is an appropiate action.
how many people who are permanently disabled know that if you get social security disability they will offset the ssa payment if you get wc monthly payments. if wc gives you a settlement that will be offset at the same rate as if you were getting monthly payments. large enough settelement it can affect your ssa disability payment for years even though the settelment has to all be spent to catch up on bills ect. check with ssa and get it from the horses mouth i know because before retirement i use to work for ssa. "
Juan wrote on Mar 19, 2008 10:17 AM:
I assume that he is incapable of training in another field of endeavor? Millions of Americans with disabilities lead long and productive lives doing all manner of jobs.
Grants, student loans and myriad social programs that we all pay for are out their to be tapped into. Complaints will never propel anyone to life long success.
A shift of paradigm can turn things around fast if you will make that change in attitude. Only the individual can do it for himself though. "
barb b wrote on Mar 19, 2008 12:26 PM:
Lets all stick together and get the changes that are needed. Thanks again to the paper and Dustin for bringing this out in the open. May God bless you! It is long road to go down alone and now people know they are not alone. If you can't go back to work you should not have to fight for what we paid into to cover hurt workers.
One other thing is it is sad when someone breaks their back they get such a small settlement. My husband got more for his wrist injury. Now there is a problem with how they decide on how much you get. A back is worse then a wrist. Ratings need to be fixed also. Thanks Dustin!!!!! "
sherri wrote on Mar 20, 2008 12:35 PM:
People throughout this state need to know that employees or workers have absolutely no rights whatsoever in any labor related issue. This is the absolute worst state in the union to be an employee and the state government has done everything in it's power to keep it that way.
Wyoming workers need to be educated so they understand that the right to work laws are purely to protect the interests of employers not workers. I would rather be self-employed than work for any business in Wyoming and failing that I would rather starve in the street than have my human worth and dignity toyed with by some sick, insane, selfish employer. Yes, this is the place to come to do business if you have an intensive hatred of the working class person. "
Elvis wrote on Mar 20, 2008 5:05 PM:
Then, we who elected "the state" can all just give up as we could never possibly get ahead and we can all complain to anyone that will listen if we all whine long and loud enough.
I will say that all of you crack-pots sure are entertaining, dangerous and in need of close supervision, probably medication too, but funny in any case. "
oldmunchkin wrote on Mar 21, 2008 11:53 AM:
Elvis wrote on Mar 21, 2008 12:57 PM:
bl4ckc4t wrote on Mar 21, 2008 10:15 PM:
First of all, if there's a claim of supervisory negligence on a rig, then the injured employee can file a civil suit against their employer, drilling consultant (co. man), or ultimately the operating company. I've heard quite a few firsthand stories of co. men who were required to pay out of their liability policy to pay out a large claim (BS or real). These financial setbacks can be career-enders.
What surprised me is that Richard Johnson did not try to move to another low-risk oilfield service job off of the drill floor. While I can empathize with someone who is trying to cut through bureaucratic red tape, I seriously doubt that we're getting the entire story here. "
Sherri wrote on Mar 22, 2008 1:53 PM:
Someone must be drinking a whole lot of business establishment kool aid to think that the labor laws in Wyoming are not systemically inhumane. Hopefully one won't drown on that kool aid on the job because one will find out the hard way the truth about being an employee in this state. What an amazing gift one must have in order to predict the future and always be able to avoid a work place injury. Surely there is some hall of fame that exists where we may so graciously enshrine the world's greatest planners. Those chosen few who are able to control all the events in their lives and are never caught in an unfortunate circumstance beyond their control. Those chosen geniuses that are able to prevent mechanical equipment from breaking or the acts of other people operating equipment and vehicles from ever affecting them. Those chosen elite who are never cheated by their insurance company and whose company investments are never subject to loss, embezzlement or fraud.
One would also have to be extremely ignorant to think that it is easy to sue any employer in this state for anything. Try it sometime. See how many lawyers are willing to carry the litigation without a substantial retainer which most working class people cannot afford. See how helpful the courts and the state labor agencies can be. Oh, and of course health and disability insurance companies never cheat insured people out of their coverage. Don't forget you can always just walk right up to your employer and have your work assignment and position changed. Employers are so good about accomodating their employees in these matters.
Why is it that most people that receive workmans' compensation benefits for their "on the job" and completely "job related injuries and illnesses" usually had to hire an attorney and sue the state to receive anything? Let's hear from some more selfish, self-centered, thoughtless business owners or managers and their obedient lap dog minions.
See how easy it is for intelligent, hard working people to spotlight their sell out co-workers? You know, the ones who always kiss-up to the boss for perks and benefits the other workers do not get, and are always willing to rat out their co-workers for a promotion, a raise or just some kleenex in order to wipe the brown off their noses. Good luck with your never ending clairvoyance and oh so accomodating employers. "
Buba wrote on Mar 22, 2008 4:34 PM:
WHYoWY wrote on Mar 23, 2008 8:07 AM:
barb b wrote on Mar 23, 2008 5:15 PM:
Again most people are not living or being paid a monthly income by work comp. It is the medical that they are to continue paying. Most people are having to take medication and also looking at further surgeries they will need.Which you can't have until the high and mighty approve it. Your life is up to them. Also again a person in horrible pain daily doesn't choose their life anymore or when and how they do things. The extra stress that comes from the system just keeps someone down that much more.
Lets all get to that meeting in June and start getting your files released to you and the Legislature. Stand up and lets get the change!!!!!!!! Watch the papers for dates and times. I can never thank Dustin and Casper Star for bring this out. People know that they aren't alone. It has been a long time coming. A person fighting work comp can no longer speak to their case worker which then a person has to find an some one to take their case. While that is going onknow one knows what to do. So you end up late or they have changed rules. That way more things get denied while the fight goes on. I got a call from a lady in Casper last week that hasn't even been hurt a year and been denied anfter denied. It took her 45 phone calls to find a lawyer. What does that say??
On getting your file get it because it is amazing what you will find. When I got mine there was articles from the paper in it. Again you are not to have a life. Just because we are out we can work? No one see's us when we are not doing good cause we are home in bed!! Hello!!
Common sense would help alot of people!! "
Rhonda wrote on Mar 24, 2008 1:40 PM:
gotnothinbuttime wrote on Apr 6, 2008 11:34 AM:
Lets make sure our voices are heard.Lets put some familiar faces in front of them, and see how they ignore us then.
For all those folks out there, that have nothing better to do than demean the injured worker,careful it could come back to haunt you. You might end up hurt or disabled someday,and need this system..... Dont pass judgement on us, we have enough to deal with. Most of us just want our lives back, not something for nothing.. "
gramps wrote on Apr 11, 2008 9:49 PM:
toni wrote on Apr 23, 2008 1:39 PM:
I also am not one sitting around wanting a hand out-I am doing everything possible to try and get stronger and get back to work but, with the injury itself and the added stress put on you by the division it is really hard-and you people that comment and say we deserve it or whatever-I also hope that you never need it someday because then you will really know the truth! Another comment-I have been working since I was 11 years old and always had at least 3-5 jobs because I wasn't lucky enough to be able to afford school-I am not in the least bit complaining! I loved my life before I was injured at the job-I would give anything to have that life bacK!!! The other comment from the person who says that there are thousands of people who have gotten treated like they should, recieved the help that they deserved-Where are they? Why are they not stepping forward?
Yes, there are many disabled people with jobs and I worked with many of them but, consider the fact that get funding to help them live from the goverment-on everybody's dime-I was happy to do that for them-it's not their fault-they were usually born that way. Is it fair that the W/C system doesn't take into account that sometimes the disabled are the same people that they should have helped and only made them worse???Think about the $ surplus in the W/C divisions hands and they act like it is their monies..What's up with that thinking? Everybody-Family, friends injured workers need to go to these meetings-write everyone you can-things have to change and quickly!!! "
gramps wrote on Apr 24, 2008 8:37 PM:
Dustin Bleizeffer wrote on May 29, 2008 12:09 PM:
Dustin Bleizeffer wrote on May 29, 2008 12:10 PM:
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