Legislators who condone it!

An Insurance Comissioner who closes his eyes to it!

Attorneys who look the other way while their clients are victimized by it!

It's an epidemic that is totally out of control, and you have your legislators to thank for it. After all, if they stopped pimping and pandering for the big insurance conglomerates in exchange for those big campaign contributions, we wouldn't be in this mess, and you would be getting the medical treatment and receiving the benefits that the law mandates.

But big money has a very loud voice in our state capitals. Spread enough of it around and even the best of intentions will get skewed and turned into something totally unrecognizable. And it doesn't matter what you do for a living...fireman, lawyer, policeman, indian chief...everyone is the target of employers and insurers who just don't want to provide the benefits that they agreed to and are more interested in their financial bottom line!

It is truly unbelievable, the extent that insurers will go to to deny you the benefits to which you are legally entitled. Their attorneys are "Master Manipulators" of the law and they will spend obscene amounts of money to make sure that a dangerous precedent is not set; that of an injured worker actually getting the proper treatment that he or she is entitled to under the law!

Employers and insurers just hate adverse publicity, and it's time to bring these issues to the front burner of America's dinner table converstaion. Radio and television are very valuable media resources and we need take advantage of the impact of the aural and visual messages that these media channels offer.

Very mysteriously you don't hear a word about this most serious of issues from the California Applicant's Attorneys Association or even their subsidiary injured worker group, Voters Injured At Work. And you have to ask yourself why. Why aren't they interested in stopping this unlawful behavior that so adversely affects their members? Before you can fix something, you first have to admit that the problem exists. We can't answer this question, only they can!

Be part of the cure, not part of the problem!

We own and control our own television media voice, "Injured On The Job", seen on Public Access television stations around the nation, and streamed over the internet! We also stream it on our own injured workers channel on "YouTube." We've been doing it for the past 5 years and it's been a very effective tool to get the truth out to America's injured workers.

We're not afraid to "Get In Their Faces!" If you aren't either, then join us! Click here to join NOIW! and do your part to stop the fraud and corruption that simply goes unchecked. It's up to you. Put your best foot forward and be counted..... and together we can try to fix this mess. The choice is yours....
If you don't get involved you have no one to blame but yourself!

Those three defenses were commonly referred to and defined as the following:

• Assumption of risk - you took the job knowing what could happen.
• Contributory negligence - your actions or inactions contributed to your injury/disease/death.
• Negligence of a fellow employee - your injuries caused by others' negligence were not the employer's fault.

If an employee were killed on the job, families of the deceased had no means for recourse.

For the sake of brevity, we fast forward to the time where Workers' Compensation is instituted in the United States and the 'no-fault' law is enforced.

This law meant that if an employee were injured on the job, the employee was compensated by the employer, regardless of whether the employer was negligent, and in exchange for this automatic, 'no-fault' compensation, the employee forfeited the right to bring suit for compensatory damages against the employer.

As a note, to be covered under a Workers' Compensation statute, an injury or disease must arise out of and in the course of employment.

In most instances, the Workers' Compensation law provides full and unlimited medical expense benefits for a covered injury or disease.

Disability is paid after an assessment of the level of disability is determined: temporary partial, temporary total, permanent partial or permanent total.

Disability income is typically paid as a percentage of the employee's currently reported wages, typically 66 2/3 percent, and is subject to minimum or maximum dollar amounts.

Other benefits under the policy include rehabilitation and death benefits.

December 15, 2008

Dollar Tree Inc. has agreed to compensate the 11-year-old son of one of its store clerks who was stabbed to death in a Fairfield Dollar Tree Store two years ago, despite the fact that the company's insurance carrier rejected the claim.

The payment, $250,000, is equivalent to the full Workers' Compensation benefit permitted under California law.

Now that was a great story to wake up to last week.

But you have to look deep down in your soul and ask yourself, "Why did this multi-million dollar national company cave in and 'do the right thing' all of a sudden, and out of the blue?

• Could it have been the efforts of the family's Workers' Compensation attorney, Moira Stagliano, of the Boxer & Gerson law firm who went to bat for her clients, and exposed the morally reprehensive tactics that the employer and their insurer were trying to use to escape their financial responsibility for an incident that was clearly their statutory responsibility under state law?
• Could it have the been exposure of this story to print, talk-radio, on-demand, local & network television media and the total outrage by the American blogosphere?
• Could it have been those telephone calls to the office of State Insurance Commissioner Steve Poizner that KGO radio talk show host John Rothmann asked of his listeners who were likewise outraged at the behavior of Dollar Tree stores in this matter when attorney Stagliano and NOIW volunteer director Sam Gold appeared on his show on the evening of December 3rd to publicize the predicament that the family of Taneka Talley was facing?
  (Click here to hear the audio track of the show).
• Could it have been the picketing of a number of Dollar Tree stores throughout California by concerned individuals and this organization to deliver a message that unless Dollar Tree became responsible corporate citzens and did the right thing.....
• Or was it Dollar Tree's form of damage control over a situation that had very serious public relations consequences to their financial 'bottom line' during the all-important and financially lucrative Christmas season?

Access to the media is a very powerful and precious resource and should only be used when absolutely necessary, and in order to convey specific messages, unlike some organizations who use it for their daily whines which explains why the mainstream media treats them like the boy that cried "wolf"!

In the wake of November 28th's Black Friday Walmart tragedy, one's first reaction might be to blame the alleged "savages" who trampled the innocent Walmart worker. However, in reality, it was Walmart's greed and disregard for it's own workers' safety that caused the preventable death of employee Jdimytai Damour.

Walmart had a carefully crafted and calculated plan to create a shopper's "feeding frenzy" between 5 and 11 a.m. during it's "blitz" "door-buster" sale. When it offered incredible deals on "hot toys" such as plasma TV's to hungry shoppers, it was really doing nothing more than throwing "blood into shark infested waters".

Just look at the the language Walmart used to create the climate necessary to create this horrific event. For the non-football fans out there, both common usage and the Merriam Webster dictionary define the word "blitz" as a "sudden attack", which can easily describe the rush of shoppers Walmart anticipated and invited yesterday. The fact that such sales are known as "door-buster" sales clearly puts Walmart on notice of the imminent danger they were creating, not just for its own employees, but for shoppers alike. It was only divine intervention that stopped a shopper 8 months pregnant from losing her baby in the same stampede.

Walmart is a smart highly successful consumer retailer - with a horrible record of mistreatment of employees. They fully understand the concept of "mob psychology" that caused this preventable death, but willfully chose to ignore the threat to fill it's cash registers. In our opinion, the police do not need to check the store security "video-tape" to find the party responsible for this homicide. Just check the sign outside the store.

This is no different than when Ford willfully decided not to recall the defective Ford Pinto gas tank in favor of profits over safety. Despite Walmart employee requests to close the store after the tragedy, Walmart allowed all important "shopping" to continue. Shame on Walmart for being so callous. The profits from a single door on a single day would not even register on the Walmart (or Wall Street) radar screen.

Of course, Walmart is protected from a direct lawsuit in this case by the New York State Workers' Compensation Law. Mr. Damour's family will receive a measly $6,000 burial allowance under the law. You can be sure that Walmart's public relations agency has been working overtime to do damage control and minimize any negative publicity due to the death. After all, this is the Christmas season - a time of charity and goodwill!

The days of government "looking the other way" while worker safety is ignored must come to an end. New York Attorney General Andrew Cuomo should launch an immediate investigation into whether Walmart's actions (or failures to act) leading to the death of it's own worker are criminal. There is ample legal precedent for such prosecutions. Certainly, even if not criminal, they further highlight Walmart's corporate irresponsibility toward the safety of both workers and consumers. The costs associated with a small Workers' Compensation claim of a dead worker will be fully absorbed in no more than 1 minute of Walmart shopping at the Valley Stream store.

What say you, Mr. Cuomo?

What say you, Mr. Public?

---

Sarah Netter
November 25, 2008

Editor: This is a classic example of Corporate America redefining their employees as a disposable workforce sitting at the mercy of some very vicious sociopaths that work for the insurance companies. Their mantra, "Anything To Save A Buck"!

It was Taneka Talley's greatest wish to see her son head off to college. It was why she took extra shifts at work and set her sights on promotions.

But she was stabbed to death in the Fairfield, Calif. Dollar Tree store where she worked in March 2006, by a white man who reportedly attacked her simply because she was black.

Now, Talley's mother is fighting to get her daughter's Workers' Compensation death benefits, which, according to the family's lawyer, have been denied because the killer's targeting her as a black person established a "personal connection" that the company says releases them from having to pay.

"For them to deny her, it's just outrage," Carol Frazier, Talley's mother, told ABCNews.com. "She worked hard for them at their store so her son could have the best."

California law states an employer must pay death benefits if the employee was killed on the job and if the death was a result of the person's employment, said Moira Stagliano of Boxer & Gerson in Oakland, Calif., who is Frazier's attorney.

But the law also allows benefits to be denied if the death stemmed from a personal connection between the victim and the attacker, such as a husband who kills his wife on company grounds.

According to Stagliano, the benefits were denied on the basis that the suspect in Talley's slaying, 45-year-old Tommy Thompson, allegedly made the relationship with Talley personal by choosing to attack her specifically based on the color of her skin.

Thompson and Talley had no previous known interaction with each other.

Dollar Tree did not respond to repeated messages seeking comment. Specialty Risk Services, which is owned by The Hartford Financial Services Group, did not comment on the specific case in a statement issued to ABCNews.com, only saying that the company was Dollar Tree's claim administrator.

In a letter to Stagliano dated Sept. 12, the law firm Gray & Prouty wrote that Talley's stabbing was "purely racially motivated. As such, it is our belief that our denial in this matter is proper."

However, when contacted for comment, a spokesman for Gray & Prouty declined to comment on the case or say whether the firm's client was Dollar Tree, SRS or both.

Miscarriage of Justice
The basis for the denial was "ridiculous," said Edgar Romano, president of the Washington, D.C.-based Workers Injury Law and Advocacy Group. "It's a completely implausible reason to deny benefits."

Romano, an attorney in New York City, said that even though Workers' Compensation law varies by state, the common thread is that a death on the job is compensable.

The denial of Talley's benefits, he said, moves away from that foundation.

Romano said that he believes Frazier has a good chance of getting benefits upon appeal, but it's a "miscarriage of justice" that the case has gotten this far.

Talley, 26, was the middle of Frazier's three daughters.

"She was the independent daughter," Frazier said, "the daughter who kept the family together."

Frazier said Talley went into work on the morning of March 29, as she often did to help get the store open in the morning. A short time later, Talley's cousin who worked down the road noticed police surrounding the store.

When the cousin went over to investigate she saw that Talley had been attacked and immediately summoned friends and family.

"She struggled ... to the back to the office and they called the ambulance," Frazier said.

By the time Frazier made it to the hospital Talley was dead from a stab wound to the heart.

Thompson remains in jail, charged with murder. The trial starts next week. A woman who was with Thompson that morning was not charged in exchange for her testimony against him.

Though Thompson has not been charged with a hate crime, a psychologist reportedly testified, according to Stagliano, that Thompson had set out to kill a black person that morning and Talley was the first he saw.

Going to Court
Frazier, stunned by the death of her daughter, set about winning custody of then-8-year-old Larry Olden III, fighting his father along the way. Then she started the process to collect Talley's death benefits to use for Larry's college education.

The quest has dragged on for more than two years. After filling out mounds of paperwork and finally being able to prove to the Workers' Compensation board that she was Larry's guardian and, therefore, eligible to receive Talley's death benefits, a judge suggested she get a lawyer -- her claim had been denied.

Romano said he couldn't think of another case nationwide where Workers' Compensation benefits were denied in a racially-motivated, work-related death.

Likewise, Stagliano said she has been unable to find another worker's compensation claim like this one. In all the cases she found where benefits had been denied because of a personal connection, the victim and the attacker had met beforehand, even for a brief moment.

She said SRS sent her a letter offering a "nominal settlement" of less than $5,000, but Stagliano said Talley's family is fully entitled to the full amount, which could be $250,000 or more.

Under state law, a judge is authorized to mediate the case or send it to trial if an agreement can't be reached.

Frazier said Larry, now 11, and in sixth grade, asks about his mother "all the time." He loves sports and runs track, but also has an interest in business and math.

"He's a good little kid," Frazier said.

Frazier said that as much as she wants Talley's death benefits to put in Larry's college fund, it's not even so much about the money anymore. For Frazier, it's about making her daughter's employer realize that the denial is discriminatory and unfair.

After taking a well deserved year off to re-group and form the new National Organization of Injured Workers, producer Sam Gold and Injured On The Job, the only regularly scheduled television program to expose the fraud and corruption in Workers' Compensation system are pleased to announce that with the resumption of the televison program in April, they will be screening acclaimed Emmy award winning director Barbara Donahue's "Bad Faith - The Documentary"!

Bad Faith deals with the fraud and corruption perpetrated by the disability insurance industry against those who purchased their policies and thought they would be covered in case of a long term disability. These same illegal tactics are used against injured workers in the Workers' Compensation industry as well, hence the reason for the screening as there are so many close parallels that affect us all!

Over 51.2 million people, nearly 1 out of 5 U.S. residents has some level of disability. Over half of our work force, 56% of the population, ages 21 to 64, has some type of disability.

The insurance industry, and specifically the disability insurance industry, is an industry rife with unlawful and unethical practices. The crisis is rooted in the industry's gross overselling of disability policies to younger professionals in the 1970's and 80's. As that population aged and its claims increased dramatically, the insurance companies began casting about for ways-not always legitimate-to cut their losses.

This is not about arguing with an insurance company over your standard coverage or their prompting you as the insured to seek mediocre care, this documentary is about insurance companies' deliberate "policy" of wrongfully black-balling policyholders, and using hardball tactics calculated to cheat them out of their rightful benefits.

Character Assassination (n.): an attack
intended to ruin someone's reputation.

Tactics such as, the threat of criminal charges, paying other individuals to make disparaging remarks about the insured, pressuring doctors to renege on their diagnosis, malice, fraud, oppression, involving the Social Security Administration, the IRS and even the United States Postal Service, deposing the insured's ex-spouse, counter-suing, stealing property and files, and finally, speaking to sources without permission and refusing to identify those sources, even in a court of law.

Commonplace in the disability insurance industry, all of these actions are intended to ruin the insured's reputation and cast doubt on their character.

Terms used by insurance companies are nebulous at best, and purposely vague. The actual insurance policies themselves are thick, contain small type and are virtually unintelligible. Their language and these clauses are purposefully impossible to understand and are designed to allow the insurance companies numerous ways to avoid paying their policyholders' claims.

Rea.son.a.ble (adj.): being within the bounds
of common sense.

and

Cus.tom.ar.y (adj.): based on custom and tradition
rather than written law or contract.

Human beings, like snowflakes, are unique and original. There are simply no two alike and no two treatments that work equally on each individual. The insurance company's terms show them to be uninformed and under-informed. They regularly change the terms, definitions and conditions of a policy, when the insured has already agreed to them, in a transparent attempt to thwart payments.

They will ask the insured for documents or to perform tasks, such as taking medicines not prescribed by their own doctors or to engage in employment in a field other than their norm, none of which are required or listed in the actual policies themselves. They will require second medical opinions from doctor's who are already on "their" payrolls. They will presume, based on testimony from questionable and unethical witnesses, specifically interviewed to corroborate the insurance company's position or case.

Col.lu.sion (n.): a secret agreement
between two or more parties for a
fraudulent, illegal, or deceitful purpose.

They stop payments with no foundation. They make constant and repetitive requests. They give no time frames for their responses to their policyholders. They pass policyholder claims around internally in yet another attempt to stall their outlay of payments. They slander and libel their policyholders without proof, specifically in court documents under the umbrella of "allegations" and then these documents, because they are court records, remain. The disability insurance industry has even gone so far as to maintain a "hit list" of policyholders singled out for special harassment.

Smoking gun (n.): something that serves
as indisputable evidence or proof,
especially of a crime.

This short form subject documentary is a social issue film, that will focus on the insurance industry, using the personal stories of those individuals who have been most seriously victimized. It is crafted around people our audience will be able to empathize with and relate to, because of their troubles. After all, it could happen to any one of us, at any time...

Adjustor (n.): a person
responsible for
investigating and settling
a claim.

Bad faith (n.): intentional deception,
dishonesty, or failure to meet
an obligation or duty.

---

The Workers' Compensation Crisis In America!

The state of the Workers' Compensation systems in the 50 states of our nation are an embarrassing disgrace: benefits are drastically low, with many workers not covered, the quality of medical care is totally corrupted and and in many cases, unavailable. Consequently, workers who have done what we ask of them, to simply be productive and work for a living, have suffered injury or death and their families are simply left high and dry to fend for themselves in their greatest time of need. These families suffer foreclosure, drop out, hunger, bankruptcy and destitution.

In the last decade, a wave of reductions in benefits spurred by the massive legislative efforts of an industry that is totally out of control, have brought workers and their families to the brink of financial, emotional and psychological collapse. Rather than talk about lowering and limiting workers benefits, we should be trying to raise injured workers' benefits to a living level so that these injured workers and their families can survive and at some point re-enter the workforce as productive workers once again.

We have a crisis in America that threatens to destroy a hundred years of gains by labor to make America a safer workplace. The insurance industry and their mighty checkbook have drastically diluted laws in almost every state that were created to be a safety net for those who are unfortunate enough to be injured at work. Diluted them so that they are not even recognizable anymore! And their money has a very loud voice in state capitols all over the country, where legislators count on political contributions from these big business special interests for their respective campaigns.

As a matter of principle, benefit levels for injured workers should not be subject to the crass commercial arguments of the employers, insurers and their lobbyists. A worker who becomes disabled suffers real serious losses, and should not be asked to subsidize the employer's gross negligence by taking reduced medical and monetary benefits. Employers are trying to place the concept of "fault" back into the Workers' Compensation process thereby eroding the fundamental principles upon which it was established.

Contrary to what insurance industry lobbyists and the Chambers of Commerce want you to think, no one gets rich by receiving Workers' Compensation benefits. A worker always gets less than the wages he is losing from the injury, bearing at least 1/3 of the cost himself, and often more for higher wage earners. He is not compensated for the loss of health insurance, pension benefits or other fringe benefits that go with his job. Consequently, in real dollar value, a worker and his family bear 50% or more of the cost of injury or disease. The employer is protected from paying for the full economic losses and is relieved entirely from compensating the worker for pain and suffering and a loss of life's enjoyment.

Take a look for example, at the fight in California over permanent disability. This is compensation for injured workers who are no longer able to compete in the workplace for their entire lifetime. A union worker who can no longer work at his job that brought home almost $125,000 a year to his family, and they want him to take a paltry $20,000 settlement if he's lucky. So how does he fend for his family now? With a voucher worth maybe 6 or 7 thousand dollars to secure some type of retraining that won't guarantee any type of meaningful employment and doesn't allow for any living allowance during the training. If he's lucky he might find a job that would pay maybe 25 or 30 thousand a year.

Undocumented workers who cross over the border daily to do the jobs that Americans wouldn't even consider doing, and are threatened with deportation should they be injured while performing their jobs. These hard working folks are exploited by their employers on a daily basis. Take for example, the case of Edgar Velasquez who was horribly injured by a chain saw while working for a Rhode Island tree trimming firm, a firm that was not carrying Workers' Compensation insurance to cover it's employees in violation of their state law. His employer called immigration on his employee when faced with having to account for his actions before a Workers' Compensation court.

Workers who are falsely accused of fraud and are retaliated against, have their lives turned upside down after they catch the insurance companies violating their lawful rights, and have the nerve to report it to the proper authorities. But then they get a rude awakening when the District Attorney who they think is going to protect them against some very ruthless and vicious employers and insurers, turns against them on the basis of flawed private investigator reports supplied by the Special Investigation Units of these very same insurers. Little do they know that these District Attorneys are receiving money for fraud investigation from funds supplied by these same insurers in the form of mandatory surcharges on the sale of each insurance policy sold. A conflict of interests you say, you betcha!

There needs to be a common level of accountability to the law that simply does not exist in Workers' Compensation. If an injured worker makes a false statement, even if it's by accident, it's called perjury, a felony. If an insurer and/or their doctors knowingly and willfully make a false statement, it's simply referred to as an opinion and nothing is done about it, despite the horrendous damage that it may cause the injured worker and his family. And if one is lucky enough to force the issue in a court, the employer and his insurer will try to hide behind the doctrine of the "Exclusive Remedy" or in the case of public entities, school districts and joint power authorities, "Governmental Immunity" regardless of whether these crimes are due to gross negligence, malicious intent and in many cases without any probable cause at all.

The combination of high risk of injury and wealth-producing functions means that these workers are compensated at rates which to a degree but not completely reflect the risks they take and benefits that they generate for the national economy. Workers who become disabled still must bear a share of the loss, and shoulder completely the costs for loss of heath insurance for themselves and their families, and their pension benefits. Often even with the meager state benefits, their families can no long afford health insurance.

As has been stated, the present system is not perfect. For example, employers frequently and unreasonably contest claims, many times in bad faith. Court hearings often delay the legal process while the worker's claim languishes. Some employers use this to their advantage. Employers can unilaterally terminate compensation for no justifiable reason, and without making a prima facie case of reasonableness to the court.

Understand the realities of this system. You're dealing with corporate entities that have billion dollar bankbooks and they won't think twice about using those resources against you to save themselves a few bucks. If they do it often enough to enough injured workers, then it really begins to add up. They employ legions of defense attorneys, master manipulators of the law who play it like a finely tuned fiddle.

If we can't bring fairness and equity back to this system, maybe it's time for the Justice Department and the United States Attorney to become involved in the process. Smells like racketeering and enterprise corruption to me.

If you're sick and tired of watching these guys get away with this kind of behavior, then you're just the kind of person we're looking for. No kind of legislation will fix anything until the insurance industry gets the message that they WILL be held accountable for their actions! Stop the fraud and end the legislative corruption that has this system in a stranglehold!

Help us help others. You get alot of bang for your buck and there is absolutely nothing wasted on administrative costs. It all goes to helping and assisting the occupationally injured deal with the best Workers' Compensation system that insurance industry money can buy.

---

Click on the "Donate Button" below to use your Visa, MasterCard, Discover or American Express card.

---

How It All Started
The insurance industry and their minions have managed to completely bastardize the Workers' Compensation benefit delivery system of California, as well as, many States across our Country. What we now see is an industry hell bent on allowing injured workers to suffer and sometimes die all in the name of their corporate profits.

Insurance companies and their corporate attorneys are in business to make a profit. As such, they are also in the business of making business profitable. Look around and you will find many examples of corporate fraud in the news, not only across all lines of insurance, but in many other consumer driven businesses as well.

While not every businessman is a crook, some are. There are those who will "fudge" a little, and there are quite a few who will say nothing about it ["Job Security"]; however, there are a select few that will just break the law with impunity in order to improve their financial bottom line.

The news is filled with million dollar "Insurance Fraud" cases within the Workers' Compensation system of California and other states as well, but it is generally employers, providers, vendors, and "insurance related" businesses you will hear about.

Not until this past decade or so have some select "politicians" and "adjudicators" actually called them what they really are. Federal and State Courts, as well as representatives of several State Governments have accurately described the insurance industry as totally corrupted by greedy top-level executives.

As with "privately" purchased insurance policies, individuals have civil Tort Law to compensate them when an "Insurer" has committed fraud [or an "act of bad faith"] against the applicant, claimant, and injured, or disabled person.

However, in the area of work related injuries, the right to bring civil action against an employer or their "Workers' Compensation insurance carrier" has been eliminated. It has been replaced with the infamous, "Exclusive Remedy", a drastically flawed concept of "fairness" given to the employer and worker alike. But, more importantly it is just another part of the 20-year plan; insurers have found it less costly to pay up to $10,000 for immediate medical attention while they work on denying the claim without fear of retribution.

The Exclusive Remedy is best described as a compromise, an agreement if you will, to provide the appropriate and immediate medical care/treatment necessary to "Cure or Relieve", even before the claim is processed. For this empty promise, injured workers have been stripped of their rights to bring suit within the civil court system. And, just who made this compromise; it certainly wasn't the workforce of this State. It was employers, insurers, and your State officials that have brought this system to the sorry state it is in today.

The Exclusive Remedy has become exactly what insurers have wanted all along, a "post-injury" shield to protect them from prosecution for the widespread criminal acts, abuses and fraudulent practices employed to deny, delay, and/or terminate all claims, legitimate or not.

The 20-Year Plan
The goal of this "20-year plan" is simple; strip away the injured workers rights to any and all benefits! But, there are obstacles to every business plan and the ways to overcome these obstacles are not always clear, at first.

The 20-year plan is a euphemism for "How To Keep All The Money". Insurance companies, over two plus decades, have been using a business plan designed to strip injury related cases from the jurisdiction of State and Federal Courts. Many years ago insurance companies started a process whereby they would invest millions in politicians, legislators, and the mainstream media, through political contributions and erroneous, misleading advertising.

Attorneys and Lobbyists for the insurance industry have been very effective and, over time, have managed to make many subtle but significant changes to insurance laws and/or regulations, ultimately allowing insurers to write policies that afford them sole discretionary powers to investigate, interpret, and decide the validity of an injured workers claim. Simply put, to practice medicine without a license or fear of retribution.

Each phase of this 20-year plan has brought with it additional resources the insurer would employ to deny, delay, and eliminate claims, i.e. unscrupulous claim handlers, unethical insurance company doctors, and outside vendors that provide the industry with a wide array of services geared toward reducing or completely terminating all claims made by injured workers.

They've already started test-driving it right here in California. It started with "big insurance" flexing their legislative muscle and forcing the passage of Senate Bill 899 in 2004. If we don't put a stop to it now, it's going to spread like wildfire all over the other 49 states.

SB899 created the "Medical Provider Networks!" Now, when an injured worker goes to the doctor, the primary goal of the doctor is to get repeat business from the employer, not take care of the injuries of the injured worker in an expeditious and humane manner.

SB899 created "Utilization Review," which is nothing but a ploy to delay and deny treatment on a wholesale scale. Claims examiners requesting UR send case after case to these independent physicians with little or no documentation, so the review is doomed to failure from the start!

SB899 removed any meaningful penalties that kept insurers in compliance with the law. Now it's simply cheaper to pay the penalties than it is to comply with the law. And they don't even get a slap on the hand for committing the most heinous of crimes. Where else can the gross negligence and wanton disregard of an insurer relating to the incompetent delay or denial of necessary life-saving medical treatment that leads to the death of an injured worker allow them to get off scott free with no fear of recrimination, financial liability or responsibility?

Now do you get the picture?

As with all business plans, the insurers have continued to fine-tune theirs. They have spent years figuring out how to bring together like-minded individuals with an ability to operate in unity; a blending of individuals from many "related" businesses. At the same time, this plan has had a drastic effect on legal representation for the injured worker.

They found the easiest step of all was taking advantage of greedy corporate executives and government leaders, believing [and proving] that with a lack of integrity comes a powerful negotiating tool MONEY. The more money spent, the more influence bought, yielding a net result of more POWER afforded to the insurance industry.

Insurance companies have been ever diligent in their efforts to bring this plan to fruition. They, step-by-step, have spent the last 20 years and billions of dollars bringing together like-minded individuals from the corporate world, select attorneys, and elected officials.

Insurance companies have their attorneys in waiting and pay them well to defend their bad faith activities. All the while applicants' [injured worker] attorneys are being forced to reconsider taking on Workers' Compensation cases because, through legislation, the insurance industry has managed to drastically reduce Permanent Disability Awards; the single source considered in paying applicant attorneys their pittance of a fee for representing their injured worker clients. The insurance industry won't be happy until injured workers have totally lost their right to legal representation in a very legally complex system!

This group of corporate criminals was formed [and continues to grow] with a common philosophy, "above all else, focus on profit retention". However, they knew to accomplish this they would have to exploit the American People, starting at the top.

The Reality Sets In!
The system is so corrupt and wrought with such widespread fraud and corruption that no one wants to do anything about it. Even the state insurance regulators and watchdogs, the State Department of Insurance, sit by idily as occupationally injured workers are victimized by ruthless corporate predators for fear that the whole system will simply collapse under the weight of widespread prosecutions.

Insurers educate subordinates ways to ignore the person and the injuries they suffer from and to focus solely on the industries profit driven directives, teaching them to make subtle [some not so subtle] influences within the claim process.

We all know and talk about the fraud committed by insurers on a regular basis; however, what represents fraud to us is merely "business as usual" to the insurance industry. Did you ever notice that except for the accusations from the insurance industry there is very little in the news about "Worker Fraud"? Why, simply because there is very little actual "insurance fraud" committed by injured workers. Another aspect of this 20-year plan is the amount of money insurers spend each year in advertising campaigns.

These ad campaigns are not sales oriented or directed not only to the public they are designed and used as propaganda to create the illusion of rampant worker fraud; with the sole purpose of misdirecting the attention of the our government leaders as well. As the old adage goes, "if you repeat a lie often enough, people will begin to believe it's true," and, for all intents and purposes it is insulting to the American people.

A prime example of the influences that the insurance industry has on our leaders is evident in the attempts by State Senate Pro Tem Don Perata's efforts to pass his Permanent Disability increase bill, which has already been vetoed by Governor Schwarzenegger on two occasions. The governor has followed the line presented by an Insurer/Employer Coalition; as any "businessman to another" would do and has [twice] failed the workforce and the people of California.

This Insurer/Employer Coalition, led by the California Chamber of Commerce keeps mixing their words up and calls any effort to help the injured workers of California a "job killer." It's not killing any jobs! What they really mean is that it is a "profit killer"!

The Final Step
The final step of this 20-year plan brings to light the original obstacle they faced, an obstacle so large and difficult to overcome. This final obstacle has been the main focus of every step of this 20-year plan from its inception.

What has transpired over the past 20 years, the chipping away at our laws, the buying off of our elected politicians, and the networking with unscrupulous corporate executives has been what was necessary to finally take on the last and most important obstacle of all; an across the board, wholesale elimination of legal representation for the injured workers of California and the United States.

Applicants' attorneys, are the last line of defense for the injured worker and the last obstacle for the insurance industry to overcome. The insurance industry has completed the prerequisites to get to this step and are now poised to attack. Once this occurs there will be no further obstacles to overcome and the insurance industry will finally have succeeded to destroy this much needed system.

It's time to be part of the cure, not the problem. A legislative fix just simply is not the solution, as long as the insurance industry has the ability to grease the right palms in our legislature. We're the only ones that have the kahones to tell you the truth. Help us put a stop to this fraud & corruption! There is a Paypal button in the next article below. Use it and help us get the word out to all concerned Californians. It's entirely up to you. Our 501(c3)tax exempt status is pending.

Thanks to all of you who have supported us over the past several years. Our phone lines have been ringing off the hook not only from injured workers in California but in many other states and Canada. So much so, that we have made the decision to help injured workers on a national basis. That's going to make our operating costs skyrocket and we're counting on some of you good souls out there to help us along.

We have a new name and a new look to reflect our new mission!

Keep in mind that we are not a political organization like VIAW. We are a (tax-deductible IRS status pending) 501(c)(3) charitable educational non-profit corporation dedicated to educating, informing and empowering America's injured workers. And you can actually see your money at work! We produce the only regularly scheduled television show in California, Injured On The Job that exclusively deals with the issues that face California's occupationally injured workers.

Remember that this is a Full Featured website and not just a glorified blog as some others try to pass off. Hey we have one of those too located at blog.noiw.org. Check the informational pages that are located in the grey colored gutters on either side of the yellow center. They are just chock full of information for injured workers both here in California and around the country. This Workers' Compensation problem is not just a California problem, it's a national problem!

It's not cheap, but it's very necessary! It's your voice! It's up to you! That means that all donations are tax-deductable. We have had absolutely great response to our Injured Worker Horror Story videos both here on our website (it's not just a blog) and over at www.YouTube.com as well. The response and outrage of viewers has been unbelievable and apparently we are hitting the right nerve as many of you want to know what you can do to help this noble cause.

For those of you that want to help us fight this scourge on working Americans, please contact us or use the PayPal button to contribute to this noblest of causes.

Our address is 640 Bailey Road, Suite 129, Pittsburg, CA 94565, and we ARE the National Organization of Injured Workers.

Below is a Paypal button, should you wish to use a credit or debit card thru their secure website. We don't waste our time chasing after politicians. You've seen where all that effort gets you. NO WHERE..... And we're not afraid to get in the faces of these white collar crooks who think that they can buy anybody off!

Help us help others. You get alot of bang for your buck and there is absolutely nothing wasted on administrative costs. It all goes to helping and assisting the occupationally injured deal with the best Workers' Compensation system that insurance industry money can buy.

Since the so-called reforms of 2004, the California Workers' Compensation system has gone to hell in a handbasket! The governor SOLD control of the system to his insurance industry buddies for contributions to his ever mounting political campaign fund. Face it, they're not giving him money because he's a nice guy, they're giving it to him to buy influence.

His so-called reforms have re-capitalized an industry that took some very serious hits in their investment portfolios in the latter part of the 1990's due to bad investments and the reinsurance scams, to the tune of hundreds of billions of dollars. The money had to come from somewhere. So why not get it off of the backs of California's injured workers and make the public believe there is a serious crisis? And so they did. Now at least you know why you aren't getting the benefits that the state constitution and that social contract of 1913 mandates.

Are you tired of the Fraud & Corruption that have taken over this state? Do you wonder why no one will enforce the laws that are there supposedly to protect you and I when your employer and his insurer violate them with impunity? It's all about Money & Power. Are you ready to do something about it? The National Organization of Injured Workers is one of the oldest and largest injured worker advocacy organizations in the California and we're dedicated to stopping this rampant fraud and corruption. We don't chase around kissing legislative asses! They are part of the problem, not the cure!

Do you want to tell your story of horror on television, we'll give you that chance. That is precisely why we created the "Injured On The Job" television program well over 4 years ago. Contact us for further information, meanwhile check out the Injured Workers channel on www.YouTube.com or our streaming video page to watch and hear of the difficulties of others trying to deal with this dysfunctional and broken system.

If you need information about this broken Workers' Compensation system, you've come to the right place. We have a built-in internal search engine to find what information you might need, not some flash enabled site that is all looks and no substance.

If you're tired of people and organizations who claim to help you, but don't, then join us and together we'll stop this nonsense.

Join us and help us to help others. It's up to you!

To Join the National Organization of Injured Workers,
CLICK HERE!

To Help Support the National Organization of Injured Workers, CLICK HERE!

The Insurance Commissioner & District Attorneys From Around The State Ignore Fraud Committed By Insurers & Their Attorneys and Doctors!
There is an inherent Conflict Of Interests between the Department of Insurance and District Attorneys from around the state who you think are working in YOUR best interests. The reality is that they are NOT! The Department of Insurance gives the DA's money from the Fraud Assessment Commission to fight fraud, and more and more evidence shows that they are trying to prosecute the occupationally injured whether they are guilty or not to get their peice of the multi-million dollar pie. There simply is no financial incentive for them to go after the real bad guys who bring the system to a standstill! When injured workers file complaints with the DOI and the DA's illustrating prima facie cases of insurance fraud committed by insurers and their doctors and defense counsel, they are simply ignored or buried. So WHO is really committing the fraud?

SB899 Reduced Or Totally Elimated Meaningful Penalties For Insurance Carrier Misconduct & Delay!
Governor Schwarzenegger reduced penalties on insurance carriers who repeatedly, unjustifiably & maliciously withhold payments for accepted medical care and disability benefits. As of 6/1/2004, penalties were reduced to 10% of the amount denied. Insurance carriers can now routinely deny valid benefits and treatment with impunity. Late payment and unreasonable withholding of benefits is widespread, penalties should be increased, not decreased. Gone is the Labor Code 5814 (Full Species) penalty which insurance carriers feared, which forced them into some form of compliance with the laws and made a serious dent in their pocketbooks.

Insurance Carriers Were Allowed To Pocket All Of The Savings From The Changes Of SB899!
Governor Schwarzenegger refused to regulate excess insurance premiums. Insurers have ignored rate reduction recommendations and have reported record-high profits. Insurers have pocketed billions of dollars cut from injured workers, while employers have seen little, if any, respectable reductions in insurance premiums.

The Injured Workers' Choice Of A Competent Treating Physician Has Been Eliminated!
All injured workers (as of 1/1/2005) are now forced into employer and insurer controlled "Medical Provider Networks! " We're back to the days of the company controlled town.... No longer can you choose a treating physician in whom you have the utmost trust, faith and confidence. Most company doctors aren't primarily interested in the injured worker's care or wellbeing, nor whether he gets back to work or not, only in the company's repeat business!

The New Permanent Disability Schedules Cut The Compensation Of Injured Workers By Almost 75%!
Governor Schwarzenegger rushed into law (as of 1/1/2005) at the request of the insurance industry and their lobbyists, a Permanent Disability Schedule that reduces an injured worker's permanent disability compensation by almost 75%. Thousands of California workers - such as farmworkers and especially public safety officers - with disabling back, shoulder, and knee injuries will have a "0%" AMA Guides impairment rating and receive no benefits at all. It's happening now!

Apportionment To Causation Unfairly Penalizes Women, Mothers, & Naturally Aging Workers!
Apportionment to causation, (4/19/2004) further reduces permanent disability benefits based on conditions both known and unknown such as having given birth, having lived long enough to start aging, and being born with defects that are not work disabling. Workers with diabetes or osteoporosis, or aging workers with asymptomatic arthritis, now receive reduced benefits.

The Courts of Appeal are now starting to hear cases which deal with these very issues!

SB899 Arbitrarily Cut Off Temporary Disability Benefits For The Most Severely Disabled Workers!
Governor Schwarzenegger cut off (as of 4/19/2006) temporary disability benefits after two years whether the worker is healed or not. How do you tell Mother Nature to fix you in 24 months or else, for those who suffer the most catastrophic of injuries, and require a long road back to recovery? Discontinuing wage replacement benefits while workers are still medically unable to work is immoral, unconscionable and unfair, and hurts the most seriously injured or ill workers.

NOIW member and fraud investigator Ray Polly along with volunteer director Sam Gold and member Bill Parkin participated in one of Kurtis Ming's "Call Kurtis" segments dealing with Workers' Compensation Fraud investigation.

This piece was originally shown on the 10 O'Clock news on Thanksgiving night.

Click on the picture below for the video.

---

Think Different

Here's to the crazy ones.
The misfits.
The rebels.
The troublemakers.
The round pegs in the square holes.
The ones who see things differently.
They're not fond of rules...
And they have no respect for the status quo.
You can quote them, disagree with them, glorify or vilify them.
About the only thing that you can't do is ignore them.
Because they change things.
They push the human race, forward.
While some may see them as the crazy ones, we see genius.
Because the people who are crazy enough to think that they can change the world, are the ones who do.

Think Different!

Watch the "Think Different" Video.......

I guess we're the crazy ones, the ones who aren't afraid of the insurance companies.....or the state bureaucrats who pimp and pander for the governor's interests.

---