COMPENSATION CLAIMS UNFAIRLY HANDLED

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, January 15, 1992                   TAG: 9201150361
SECTION: EDITORIAL                    PAGE: A-8   EDITION: METRO 
SOURCE: ANITA B. LAWRENCE
DATELINE:                                 LENGTH: Medium
COMPENSATION CLAIMS UNFAIRLY HANDLED
AS DIRECTOR of Concerned Citizens to Improve Workers' Compensation Laws of Virginia, I feel I must attempt to restore a terribly confused person's thinking. Peter Reilly (letter, Jan. 5) obviously has not been in touch with the real world in quite some time.
Mr. Reilly stated that he knows "that no insurance company denies claims on a whim." Contrary to his belief, we know of numerous cases where employers and insurance companies work together to deny, delay and reduce workers'-compensation benefits, and this is done on a routine basis and without any fear of penalty.
Under the current system, only the worker is penalized for not adhering strictly to the rules and regulations of the Workers' Compensation Act. The employer and its insurance carrier are not subject to any punitive action because no agency directly oversees or regulates their conduct in handling claims.
He further states that "The Virginia Workers' Compensation Act is among the fairest in the country." Please tell me, then, why do injured workers and those suffering from job-related illnesses and diseases have to resort to obtaining legal help to collect these wonderful benefits? Why are claims denied and workers forced to wait up to six months for a hearing to determine if their claim is compensable?
Many times these people are physically unable to return to work; and while waiting for a determination, they have no income, resulting in their being forced to seek public assistance (welfare, food stamps, Aid to Dependent Children, etc.), all of which shifts that burden to the taxpayers of the state. Some workers have lost their jobs, homes, vehicles, virtually all monetary assets, not to mention their pride, dignity, and self-esteem.
In response to the allegation that insurance carriers send claimants "miles away" to doctors, it is very far from just an "allegation." It is a common occurrence, and we have many documented reports of this happening.
Apparently he has never been subjected to a personal situation involving a workers' compensation claim. He definitely needs to walk in the shoes of so many workers in Virginia and sense the anger, frustration and feeling of helplessness of being in physical pain combined with the mental stress of dealing with this seemingly uncaring system that he deems fair.
Mr. Reilly also states that we are ignorant of the law and its intent. Could it be that his ignorance of how the system really works is the true reason for his taking the position that it is fair?
Citizens' groups such as ours will continue to try to right the wrongs and help create a workable system that is fair and equitable to all parties. We are expanding our effort throughout the state by establishing chapter affiliates.
This is a widespread problem, so don't be fooled into thinking that we are just a few angry individuals. We are large in number, and with persistence, commitment, and energy, together we can make a difference.

Anita B. Lawrence is president of CIWC of Virginia in Collinsville.

by Archana Subramaniam by CNB