Legislative Assaults on Workers' Compensation

Highlights of reductions in worker's compensation benefits as a result of legislative changes in 1980, 1990, 1994 and 2003.


1980 - 1990 - 1994 - 2003
1980
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Medical Benefits:

  • Lifetime Medical Care
  • Not Legal to Settle Medical Benefits
  • No Managed Care
  • No Utilization Review
  • Right to Change Doctors
  • Doctor/Patient Privilege
  • No Deductibles

Compensation Benefit Changes:

  • TPD/TTD until MMI
  • Wage Loss up to 10 years
  • Rehabilitation as Needed, up to 52 Weeks
  • PTD, if Needed
1990
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Medical Benefits:

  • Lifetime Medical Care
  • Not Legal to Settle Medical Benefits
  • Utilization Review
  • Less Doctor/Patient privilege
  • Limited Alternate Doctors

Compensation Benefit Changes:

  • TPD/TTD until MMI, or Four Years
  • Wage Loss, under some circumstances
  • Rehabilitation as Needed, up to 52 Weeks
  • PTD, if Needed
1994
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Medical Benefits:

  • Can Settle Medical Benefit for All Cases
  • Utilization Review
  • Managed Care
  • After MMI, $10 Deductibles on Medical Care
  • No Doctor/Patient privilege
  • Very Limited Choice of Doctors
  • Shorter Statute of Limitations - One Year

Compensation Benefit Changes:

  • TPD/TTD until MMI, or Two Years
  • No Wage Loss
  • Minimal Permanent Impairment Benefit
  • Rehabilitation as Needed, Guided by State Government
  • PTD, if Qualified for SSD
2003
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Overall:

  • No benefits unless the injury caused 51% of the problem
  • Lots of legal issues for adjusters to deny benefits
  • Severe limits on attorney fees affect injured workers' ability to hire an attorney
  • If the injured worker loses the hearing, he or she must pay the Employer/Carrier for costs.

Medical Benefits:

  • "Practice Parameters" to limit medical care
  • More limitations on choice of doctors
  • Managed care at the choice of the Employer/Carrier
  • Other medical has the same limits as 1994

Compensation Benefit Changes:

  • PTD limited drastically
  • No statutory obligation to rehire
  • Reduced benefits if rehired
  • Rehabilitation compensation reduced
  • Drastically reduced compensation for psychiatric care