It is time to repair the damaged employees’ compensation system in Connecticut

Workers injured while working in Connecticut can look forward to months or years of fighting with insurance companies that often seem to seek to get the injured worker to settle their claim before they can go back to physical activity.

Michael Tedesco

Insurance companies have the option of rejecting claims as a procedural process without verifying the facts and before filing an actual claim in violation of the 14th Amendment of Due Process. “Form 43” prohibits workers from getting the care they need and denies doctor visits, prescriptions, special equipment such as crutches and wheelchairs, and money to live on.

Many injured workers seek public assistance like Medicaid to survive, which results in Connecticut taxpayers incurring costs that should have been paid by insurance companies.

The current system puts workers in serious debt or even bankruptcy.

When President Theodore Roosevelt designed employee compensation, he envisioned it as a system to protect workers, not a system to enrich employers or insurance companies. Connecticut Workers’ Compensation is not serving workers the way President Roosevelt envisioned it, and it needs to be fixed, not bragged!

On June 21, 2019, Governor Ned Lamont signed an act to establish a task force to investigate legal remedies and potential liability for unreasonably controversial or late employee compensation claims.

The Task Force was co-sponsored by representatives Susan Johnson, Jeff Currey, Michael Winkler, Tom Arnone and Matt Blumenthal. Legislation is designed to (1) determine the extent of unreasonably challenged or belated employee compensation claims, (2) examine methods to broaden remedial action regarding potential liability for unreasonably challenged or belated employee compensation claims, and (3) the law regarding malevolent handling of employee compensation claims .

A legislative report for 2020 describes some initiatives as well as some puzzling decisions like “Prescription drugs, this proposal ended up not being followed up”.

It will be two years in June since Lamont signed off the task force with no real change. Blaming COVID-19 is an excuse, not a cause. Taxpayers and our workforce deserve better.

When reviewing over 500 recent cases through the Connecticut Employee Compensation Portal, a “Form 43” was filed for each case, regardless of any facts that delay the required benefits.

I emailed a letter requesting information from the task force to Paul Mounds, Governor Lamont’s chief of staff. Lt. Governor Susan Bysiewicz, Josh Geballe, COO; and Daniel Palladino, Task Force Manager, for whom I even left several voice messages. I haven’t received an answer yet.

I also forwarded this email to Rep. Susan Johnson and copied Jeff Currey, Michael Winkler, Tom Arnone, and Matt Blumenthal. I only received one answer from Winkler:

“From personal experience as a union president. The private employee compensation administrator had to decide on the disability aspect of a claim within 30 days. The administrator didn’t seem willing to hire enough doctors to do this. In order to meet the requirement, they refused almost everyone, thus making a decision as needed. After the person first appealed, they carefully checked the medical information. It’s a terrible system, but no one is willing to pay for a better one. And historically, the attorney general’s office isn’t keen on contract enforcement cases. So insurance companies can misbehave and face no consequences. In some cases, only the persistence of an individual can produce the right result. Some people give up, which saves the system money. Reforming the system would require massive efforts against the opposition of an incredibly strong combination of insurance and industry lobbyists. “

“Taxpayers shouldn’t pay the bill for insurance companies because the government can’t adequately develop a worker support program.”

It is only a matter of time before someone realizes that there are violations of the 14th Amendment. Connecticut can repair the system or attempt to collect taxes on litigation.

The 14th Amendment: No state can enact or enforce laws that limit the privileges or immunities of citizens of the United States. Also, no state may deprive a person of life, liberty or property without this being required by law. nor do you deny any person in their jurisdiction the same protection of the law.

Michael Tedesco is Chief Branding Officer / Principal at FIBRANDING in Trumbull.

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