Video instructions and help with filling out and completing Why Form 5495 Compensation

Instructions and Help about Why Form 5495 Compensation

This is the American Law Journal you get injured at work you want to get better the boss wants you to get better so why is there such a pitched battle in the state of Pennsylvania as to who controls the medical process good evening I'm Christopher Norton tonight workers comp and the company dock for guests join me tonight Hellman banks is in the studio for the first time partner with Martin banks of the law firm authored the workers compensation handbook and the firm has been in practice for about four decades Anthony Sal vino is with us this evening a returning player here on the program with white and Williams they're the respondents counsel in the land of workers compensation he represents the insurance carriers and the corporations he also chairs white and Williams workers compensation section George Bailey is back he has Ellis Lee been representing claimants and plaintiffs in both workers compensation and personal injury matters with Beatty Sloan and digenova lovely offices they are Locust Street in Philadelphia and the Honorable Joseph hakken is with us once again and the judge has spent over two decades on the bench formerly in a former life a plaintiff and a defense attorney so I think he knows a few things about a lot of workers compensation here's a new bill that's being proposed in the state of Pennsylvania it's been sitting around for the last six or seven months but if it's passed they will change the way workers compensation and doctors work together in that state a bill that would extend from 90 days to 180 days the period during which an employee who has filed a workers compensation claim must seek treatment from an employer designated medical provider panel that means you'd have to work with the company doc for 180 days now why is it so important who the doctor is that I see well as far as the employer is concerned they would like to control the treatment from the very beginning now why is it a problem if I see the company doc or maybe it's not always well I mean think about it if you were sick or injured would you want somebody dictating who you treat with I wouldn't and the company doctor obviously is going to have the employers best interest not to claim it so it really you know puts the claimant behind the eight-ball when the employer controls their medical treatment from the very beginning mm-hmm so Anthony it sounds like employees should almost sense that they're some sense there's some sort of prejudice maybe right from the get-go I disagree with Sonny and obviously I'm so surprised yeah I respect his opinion he's an excellent lawyer but I just disagree the employer as you said Chris has their the employees best interests at heart and the idea of a panel is to get the best doctors and specialties there and get the claim at the best medical treatment within the first 90 days but are we to believe in this age of Occupy Wall Street and the middle class you know kind of being carved out that if someone gets hurt they really expect that the company is going to have their initial best interest at heart they should I mean absolutely I mean because more than their own doctor agreed because their own doctor and hopefully what we have a professional class of doctors who understand work injuries and understand it the goal is to get that person back within the 90 days and hopefully within the hundred eighty days that the bill passes so they're back to work and being productive and back to gainful employment that's the goal and the employer in the claim at the injured worker have the same goal to get back to work and be productive not to sit home and and collect workers compensation benefits and not to increase costs for the employer and the Pennsylvania Chamber of Commerce again surprisingly tongue-in-cheek does not disagree with you Tony here's what they had to say recently the business community applauds doubling the time provider panels are a proven benefit to both employees and employers the lower costs or they lower cost of businesses are conducive to quick effective recoveries and help ensure a smooth transition back to the workforce George Beatty what's not the like it's not to like at all I mean Tony's a great lawyer of course but what do you expect him to say the insurance companies drive this process not the employers the insurance companies they donate to the Republican candidates the Republican candidates get elected and now they propose legislation that forces an injured worker to go to an insurance company doctor come on common sense you're a doctor and they hire you too save them money so if you come down and say you're better you're fine get back to work it saves the insurance company money now if a doctor says too often oh you really are injured you better stay out of work it's gonna cost them more money come on there's an inherent conflict of interest so in other words they're they're gonna breach the Hippocratic oath no no because there's a lot of gray area that's the problem I mean it's not black or white clear you know it's gee I don't think that's as bad as you're saying it is it's a subjective symptom it's not as bad as you say it is and we're gonna send you back and if you don't go back we're gonna get rid of you and judge we don't expect you to be political here at all but what's at stake here well it's thick is trying to find the truth and getting treatment for the claim and as soon as possible there are signs that there are points of view on both sides for example many of these panel