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PENNSYLVANIA FEDERATION OF INJURED WORKERS Call us toll free 1-888-376-7942
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September 19, 2002
PA Advisory Council Meeting a Success?Expressed opinion by Michael A. Kerstetter, PFIW Dauphin CountyThe PA Advisory Council met for the first time since May 2002. Many injured workers and injured worker advocate groups were present to present problems they believe the workers compensation system pose for anyone on worker's compensation. The Council took care of it's usual business then opened up the floor to the injured workers to present their call for reform. Under the business of the Council a confirmation of what the legal duties of the Council was called for by the Council. A Legal advisor from the Department of Labor and Industry was present at the meeting to advise the members of the Council as to what they were going to say when answering questions. Injured workers got an answer to the question about what constitutes "gainful employment". There is no definition for "gainful employment" in the worker's compensation act 57 so the worker's compensation judges are left to decide what is "gainful employment". This practice will allow injured workers to be removed from their full disability rating to a partial disability rating which then puts a time limit on the benefits an injured worker can receive for jobs such as telemarketing, convenience store clerk which in no way would allow anyone to survive on. This is a landfall savings for the workers compensation insurance industry. We did not get an answer to our question about fraud committed by the employer/worker's compensation insurance company being allowed to become part of the claim record. We also did not get an answer to our question about the time limit placed on a claim once the injured worker is determined to be only partially disabled. I guess it is better to receive a partial answer rather then none at all. Security had to called in for the meeting because evidently the Director of the Worker's Compensation Bureau misunderstood an injured worker and thought he was being threatened. There was no violence at the meeting at all! Channel 8 Action News showed up to cover the meeting and to interview injured workers. This is the only news media that has showed any interest in the problems of injured workers. When the Council opened the meeting for public comment, several good things happened at the meeting, including the call for the Council to hold public hearings to take testimony from injured workers. This idea was not received will by members of the Council because they did not want to take the time off their regular jobs to fulfill their obligation they made to the Council by becoming a member. I for one hope this will change in the future. Several injured workers got to speak on the record before the Lunch break. Since there was so many injured workers present at the meeting the Council members close the record but stayed after the meeting to hear everyone's concerns. During this extended part of the meeting a call for the Advisory Council to review the use of the AMA's "Guide to Permanent Impairment" to determine disability rates. Information was presented to the Council showing that the guide was not to be used for determining disabilities under worker's Compensation. This information came from the AMA itself. The meeting finally ended and the next meeting will be held on November 21, 2002.
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