Change of the Administrative Handling, Allowing Legal Recourse for the Inappropriate Handling of the Washington State Industrial Insurance Act
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What I am in reference to is the fact that there is an indemnity clause that allows the Department of Labor & Industries to break their own guidelines, rules of qualifying claims, and they are held non-liable, whereas if I break the same rules or guidelines, I will be charged with fraud and be held liable for steep fines and possible jail time.
I am aware of documented proof of this occurring, URL:
http://home.earthlink.net/~kdgardiner/poli/toc.html
With allegations from within the Department of Labor & Industries that the "Legal Dept." Attorneys General Office is aware of this occuring as a standard practice for eight plus years and they have no remorse or feelings of wrongdoing regarding this.
As well the Claims Managers rudely and inappropriately handle the claims they have been given jurisdiction over, without any humanitarian sense of compassion for the Injured Worker. For instance:
Claims Manager to claim Id # X-498145 stating that he had made many oversights regarding the payment of Provider and Claimant. That the previous Claims Manager made incorrect decisions in her administration of claims.
That the Dept. of L&I does not recommend to an injured worker particular health care services and providers where specialized treatment is indicated RCW 51.04.030.
That abeyances are not observed in a timely matter RCW 51.52.060 or properly resolved when it is pointed out to the Claims Manager (Claim Id # X-498145).
That protests are not recognized by the Dept. of L&I and given the proper attention that they are mandated to receive (Claim Id # X-241485) with the Claims Manager stating that the Claimant is the responsible one for bringing it to the attention of the Dept. of L&I after appropriate mailing and receiving of the protest has occurred.
The proper payment of Time Loss as outlined by the Washington State Industrial Insurance Board of Appeals:
RCW 51.32.090 Attending physician's recommendation against return to work
A worker who refrains from engaging in gainful employment on the advice of his attending physician is entitled to time loss compensation even though the attending physician's advice is later determined to be in error. ....Charles Hindman, 32,851.
Payment of Authorized Doctor visits (Claim Id # Y-260258)
To oversee properly:
RCW 51.28.020 Worker's application for compensation -- Physician to aid in
(1)(b) The physician who attended the injured worker shall inform the injured worker of his or her rights under this title and lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the worker. The department shall provide physicians with a manual which outlines the procedures to be followed in applications for compensation involving occupational claims.
RCW 51.04.080 Sending notices, orders, warrants to claimants.
Providing Medical Treatment to the Injured Worker in a reasonably convenient location to where the Claimant lives.
Overseeing the correct administration of the Preferred Workers Program (Claim Id # X-555501 / Y-260258). WAC 296-16-010 Premium waived for employment of preferred worker.
WAC 296-20-024 Utilization Management, conducting claims economically. Un-necessary repetition of letters and time management with a disregard for valuable resources.
WAC 296-14-970 Worker's review of claim file. Not providing claim information to Claimant without show of cause (Claim Id # X-498145)
And numerous other willful and intentional oversights to the appropriate and legal handling of Workers Claims under the Washington State Industrial Insurance Act.
We the citizens of the state of Washington are asking you to address this wrongdoing and correct it, so that the citizens that are employed in this state and injured on the job can receive fair and just treatment in the handling and decisions made with their claims.
Thank you for your time in these matters,
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