Workers' comp system receives solid review

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Star-Tribune Editorial Board

Can the Legislature fix what's wrong with Wyoming's workers' compensation system? Time will tell, but a legislative panel is off to a good start after identifying some potential solutions following a two-day meeting in Casper.

The Joint Labor, Health and Social Services Interim Committee heard testimony from injured workers and their advocates, employers, physicians and state agency officials. What the panel learned helped members spotlight some of the key problems facing the system, including lengthy delays in deciding contested cases, and inadequate benefits.

Some surprising information was detailed. Cheyenne attorney George Santini said there is enough money in the workers' compensation fund - which has a cash reserve of nearly $1 billion - to increase benefits and also decrease employer premiums. That's a far cry from the mid-1980s, when the system was in dire financial straits.

The committee should be commended for offering some wide-ranging ideas to help everyone with a stake in what happens. They include:

* Covering all Wyoming workers. Currently retail employees are exempt.

* Creating a consumer advocate position to help people navigate the complicated system.

* Adjusting benefits for cost-of-living increases. Some injured workers have received the same benefits for many years.

* Increasing permanent disability benefits and death benefits.

* Adding more mental health benefits.

While we recognize the probable need for wide-ranging reform, there are also ways the Legislature can improve the system without passing a lot of new laws. One of the biggest complaints the committee heard from injured workers was about the amount of time it takes for some cases to be heard.

The Legislature could approve additional funding to add staff to the Workers' Compensation Division and reduce the current staff's workload. Rep. Mary Hales, D-Casper, said while an analyst's average caseload nationally is between 150 and 175, in Wyoming it's almost 300. The best way to help make the system move faster and more efficiently is to provide more help for the overburdened staff.

Delays can be a financial hardship for injured workers waiting for decisions. They may face losing their homes, vehicles and other possessions as the debts pile up. Rep. Bill Landen, R-Casper, suggested creating a pool to help people who are waiting for cases to be decided so they can avoid experiencing catastrophic financial problems.

Is such a pool feasible? Finding out if it is will be one of the many tasks awaiting the panel as it spends the rest of the year looking at ways to improve the system.

In the past we've occasionally criticized the Legislature for ducking tough issues, including workers' compensation. But this time it appears lawmakers are committed to fully explore what's wrong, and willing to develop some innovative solutions.

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