Tag Archives: insurance companies

Don’t Go It Alone

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It’s fitting that today’s guest post about the difficulties of representing yourself in a workers compensation case come from New York City lawyer Richard Cahill Jr., from Pasternack Tilker Ziegler Walsh Stanton & Romano.

Last month I had the privilege of travelling to New York City. I’ve never used the New York City subway or commuter rails before. I had some challenges navigating those systems typical to someone from Nebraska that a New York city resident would either find funny– or annoying if I was holding up a turnstile. Point being, being an injured worker is kind of like using the New York subway for the first time. It’s confusing and hard to find good information. But the consequences for inexperience or a lot different. Because of my inexperience with the New York City subway, I overpaid for an MTA card and wasted 15 minutes because I took the wrong line to my hotel.

An inexperienced self-represented claimant in a workers compensation case themselves thousands of dollars and miss out on needed medical care. The takeaway here is that our firm, along with most other reputable firms representing injured workers, will give you a free consultation about your case and whether you need a lawyer or not.

An injured worker walked through my door the other day frustrated beyond belief. He had been representing himself on his compensation claim for his back injury. He thought he did not need a lawyer and could handle it himself.

The insurance company accepted the claim and paid this worker only a fraction of what he was actually entitled to, though that was not the issue the client wanted to discuss. He did not even realize that he had been short changed.

What he wanted to discuss was getting back surgery. His doctor requested a laminectomy, but the insurance company told the doctor and the injured worker that they were not going to authorize it or pay for it. This man had been suffering terrible back pain for nearly six months and his surgery was never scheduled.

The injured worker was shocked when I told him that the insurance company did not have to give authorization — this surgery was already authorized under the Board’s Medical Treatment Guidelines. The insurance company knew this of course, but seemingly played ignorant to avoid paying for the needed surgery.

When I then told him that he could not only have his surgery, but also had been paid less than half of the indemnity payments to which he was entitled, the gentleman shook his head in frustration and said, “I shouldn’t have done this alone.”

How right he was. The New York Workers Compensation system is extremely complicated. Insurance companies know the system well and often do not tell unrepresented injured workers details that matter, often while telling the injured worker that they are acting in their best interest.

Do not go it alone.  At Pasternack, Tilker, Ziegler, Walsh, Stanton, and Romano, with more than eight decades of experience in defending the rights of New Yorkers, we help clients get the justice they deserve.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Compensation, Workplace Injury and tagged , , .

Drinks, Dinners, Junkets and Jobs: How The Insurance Industry Courts State Commissioners

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shady-state-politicsToday’s blog post comes from Michael J. Mishak’s article in The Center for Public Integrity, which is located at publicintegrity.org.

The headline says a lot about the article. Though it’s a lengthy read, the article is worth the time it takes to digest it.

Nebraska and Iowa are the two states that we are most concerned with, as that’s where our lawyers are licensed to practice. In addition, these two states are important nationally because many insurance companies have their corporate headquarters in Nebraska and Iowa. I found it very illuminating that there are stories about both states regarding relationships and experiences that government officials who are insurance regulators have with insurance industry executives. Iowa also seems to be a mixed bag, with the same person asking for “more funding to buoy regulators” but at another time, splitting hairs on the state’s definition of lobbying.

I have written on how the “Workers’ Comp Industrial Complex” harms workers, which was based on an expose in ProPublica. It may be time for media coverage that looks into the overlap, favors and cozy ties that insurance companies have with the government regulators who are supposed to hold them accountable.

“The stakes are enormous,” Mishak writes in the CPI article.

“Because Congress has long left regulation of the insurance industry to the states, these little-known regulators, one per state, wield immense power over one of the largest segments of the U.S. economy. Charged chiefly with protecting consumers, commissioners review rate changes, investigate complaints and make sure insurers have enough money to pay claims.”

Consumers who rely on their insurance to protect them need to be able to trust that insurance commissioners with so much power and so little transparency will still have consumers’ best interests at heart, instead of prioritizing the interests of commissions’ friends in the insurance industry.


Who’s Calling the Shots in State Politics?

Drinks, dinners, junkets and jobs: how the insurance industry courts state commissioners

Center probe reveals cozy relationships, revolving doors and shady financial ties

By Michael J. Mishak

When the Arkansas insurance commissioner weighed the merits of a hospital’s billing complaint against United Healthcare, her interactions with one of the nation’s largest health insurers extended far beyond her department’s hearing room.

During months of deliberations, Commissioner Julie Benafield Bowman met repeatedly with United Healthcare lawyers and lobbyists over lunch and drinks at venues such as the Country Club of Little Rock.

“I had a blast with you Monday night,” Benafield emailed United Healthcare lawyer Bill Woodyard, himself a former state insurance commissioner. “Thank you so much for entertaining us.”

Commissioner Benafield ultimately decided the case in United Healthcare’s favor — a 2008 ruling that stood to save the company millions of dollars. Nearly two years later, by the time a judge vacated the commissioner’s orders because there was “an appearance of impropriety in the proceedings,” Benafield had moved on: She was working for United Healthcare, having joined at least three of her predecessors representing insurers in Arkansas.

Read more at The Center for Public Integrity.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Government, Iowa, justice, Money, Nebraska and tagged , , , .