Change of the Administrative Handling, Allowing Legal Recourse for the Inappropriate Handling of the Washington State Industrial Insurance Act

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As a citizen of the State of Washington it has come to my attention that the Department of Labor & Industries is allowed to operate in an unfair, unconstitutional manner.

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,

176 Signatures

  • Dont give a D
    • Are you the Injured Worker, Family, Citizen of State
    • no
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 15
    • Comments
    • Who really cares!! Quit your b**chin people!
  • Anthony L
    • Are you the Injured Worker, Family, Citizen of State
    • Injured Worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • This poor handling of my claim has already ruined my life and is working on ruining the lives of my wife(our Marriage),my sons(cant even talk to me because they never know "which dad" they are going to be talking to), and all of my friends, well, thgose who used to be my friends.
  • RENE S
    • Are you the Injured Worker, Family, Citizen of State
    • INJURED WORKER ,YES
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • THE PROOF IS THERE ,1+1=2
  • lee a. r
    • Are you the Injured Worker, Family, Citizen of State
    • yes,
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • -100
    • Comments
    • fraud, manipulation, defacing records,
  • chris b
    • Are you the Injured Worker, Family, Citizen of State
    • yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 5
  • daniel j
    • Are you the Injured Worker, Family, Citizen of State
    • yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • They Have recently falsified documents claiming that a permenant injury I have had priorly been healed!
  • Dana S
    • Are you the Injured Worker, Family, Citizen of State
    • yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 4
    • Comments
    • i have been on l&i for almost 4 years now and im just finding out about resorces i should have been told about at the time of my claim
  • Peggy T
    • Are you the Injured Worker, Family, Citizen of State
    • Camano Is. Wa 98282
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1=2 No Concern for my well being!!
    • Comments
    • I would also like to say that there should not be such a fight to re-train people that have had a career for more the 2 years. I have lost my career and now have been released to a job that does not pay enough to feed a family of 4. I should not have to fight the system to get help in becoming a productive worker again.. I don't think that they should look at your work history and say that because you have worked in a Service Deli for 6 month that you should be told that they will not retrain you because you have some means of getting back to some low paying Job.. There should be some kind of help that goes un-fought to get me or anyone esle back to a job that can pay the bills and put food on the tabel.
  • ROBERT S. P
    • Are you the Injured Worker, Family, Citizen of State
    • I WAS INJURED IN WASHINGTON STATE...
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • #2
    • Comments
    • I AM NOT IMPRESSED WITH FINDING OUT THAT THE DRS. DOING THE I.M.E. HAVE CLOSE TO (50) COMPLAINTS . THEY HAVE STATED MY CONDITION HAS NOT WORSENED. YET MY ORTHOPEDIC/AND NEUROSURGEON AFTER VIEWING MRI./X-RAYS HAVE TOLD ME MY CERVICAL AND LUMBAR FUSIONS SHOW A SIGNIFICANT CHANGE,AND WE ARE IN THE PROCESS OF TREATMENT. AND I AM IN THE PROCESS OF APPEALS TO REOPEN MY CLAIM.
  • Jim
    • Are you the Injured Worker, Family, Citizen of State
    • IW
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • -3
    • Comments
    • Agency 235 employees are not trained in washington law, improperly handle claims, treat IW poorly and unfairly, have selective application of the laws, ime providers in the most part are frauds with agency 235 aiding and abetting these crimes
  • Robert C. S
    • Are you the Injured Worker, Family, Citizen of State
    • I am the injured worker...totally disabled.
  • Barry C
    • Are you the Injured Worker, Family, Citizen of State
    • Injured worker and citizen of state
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
  • Michelle Kristine Judy B
    • Are you the Injured Worker, Family, Citizen of State
    • Injured worker citizen of the state
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • the system is barbaric, humane and unjust.
  • Bryan K. B
    • Are you the Injured Worker, Family, Citizen of State
    • Yes,Yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
  • Kim G
    • Are you the Injured Worker, Family, Citizen of State
    • Injured worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • I was injured on the job 3 years ago,It took me more than a full year to have surgery(I had a completly severed biscep tendon, I have two herniated disc , among other things)I was finally able to have surgery through my private insurance, Because of how long I had to go without surgery on my shoulder I have many more other problems related to an injury that wasn't taken care of.. I also need neck surgery, which of coarse was denied.I am in such unbelievable pain all the time.It is really destroying my life and the life of my family.My husband has had to work two jobs just to make ends meet,, he was working two full time jobs untill he was told he had a rare form of bone cancer(I really believe it was caused by stress from working two jobs) I have days when I truely don't think I will make it one more day.I really believe that if LI would of given me the medical treatment that I deserved I would be back to work and my life would be much much different. LI has destroyed me and my family
  • Teresa K
    • Are you the Injured Worker, Family, Citizen of State
    • No
    • Comments
    • It's past time for government offices to be held as liable as the citizens are, & they treat people in a humane & speedy manner.
  • David J. M
    • Are you the Injured Worker, Family, Citizen of State
    • Citizen of State of Washington
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
  • Kenneth E. K
    • Are you the Injured Worker, Family, Citizen of State
    • yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • Reform needs to be made. My case has been open for 13 years and I have had problems for most of those years with the worker's comp. agents.
  • Craig L. W
    • Are you the Injured Worker, Family, Citizen of State
    • Claim # P777286
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • I went to court last summer against L&I and I won. It is now better for all Washington Injured workers. We can now record their dishonest IME exams on video to help prevent them from lying on the IME exam reports and prematurely dismissing our claims in order to cheat us out of our legal benfits.
  • Shawn S
    • Are you the Injured Worker, Family, Citizen of State
    • injured worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • I am an injured worker; filed claim 1996. L&I had employer agreement and three documents from treating physicians. Claim mgr. Katie Holmes denied claim. L&I sent me to IME who was later charged with kidnapping, rape, illegal drug sales. I appealed, won after two years . During the appeal (no medical care) complications from injury resulted in 9 unsuccessful surgeries; I lost use of my wrist and hand. I sued L&I in King County Sup. Court (00-2-19104-9) under RCW 4.92.010, intentional negligence, fraud. I did most legal work; every atty I hired was brought before WSBA disciplinary board and dropped my case. My case was railroaded by the court. I filed with Ct. of Appeals (50255-7-1). Now am in Supreme Ct (74604-4). L&I has tried to destroy me. All L&I's legal is PAID by the injured workers med and acc. funds. Noone, including Locke will take action. Without media support, things will NOT change. I will help any way possible. Contact me 206-361-6590.
  • Mary W
    • Are you the Injured Worker, Family, Citizen of State
    • Injured Worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • Worst, Horrible,
  • JULIE K
    • Are you the Injured Worker, Family, Citizen of State
    • I am the injured worker and a citizen of WA
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • Threatened with now show fee and denied different IME'S ones assigned had 19 complaints, waiting 14 months for surgery approval, have health insurance, cannot use as L+I has closed all options for treatment, may end up paralyzed, no end in sight. cant get surgery though I've been paying L+I tax for 26 years and have adequate health insurance. Isnt enough room to touch on all the other things done to me.
  • RENE S
    • Are you the Injured Worker, Family, Citizen of State
    • SELF, LAKEWOOD,WA
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • L&I SHOULD PAY SO SHOULD EMPLOYER
  • Marilyn M. B
    • Are you the Injured Worker, Family, Citizen of State
    • Family (Mother) - I am a Washington State Citizen
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 2
    • Comments
    • The department has created a nightmare for my injured son, his wife & children, and for his father and I as his parents. It has nearly destroyed him, and the nightmare continues!
  • Rosa M S
    • Are you the Injured Worker, Family, Citizen of State
    • yes, I am theinjured worker & citizen of State of WA
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
  • JACK C
    • Are you the Injured Worker, Family, Citizen of State
    • Injured worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 2
    • Comments
    • The adriministrative handling of my case was inappropriate and should be investigated
  • R.M. A
    • Are you the Injured Worker, Family, Citizen of State
    • Injured worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • I thought I was alone with my thoughts in obtaining benefits for my workplace injury caused by coworkers and my employer, its commissioners, and its attorneys. Despite my medical records and documents provided by Doctors and Mental Health professionals, I am still denied benefits. Maybe Senator Patti Murray should address the State of Washington Dept. of L & I as she did in Congress for fighting Health funding for all the returning injured (PTSD) soldiers.
  • Johanna S
    • Are you the Injured Worker, Family, Citizen of State
    • Injured Worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • been injured 3+ years, numerous problems, unable to get medical treatment, unable to time loss, had to hire three attorneys to fight off the falsce accussations,lies, ongoing problems.
  • Kirk N
    • Are you the Injured Worker, Family, Citizen of State
    • Injured worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 2
    • Comments
    • I have had a torn rotator for a year and a half and have been trying to get my claim accepted so that I can recieve treatment . I had an appointment with an Ime whom of which was incompetent. The Ime Falsified his report, only spent about 5 minutes on the exam and his opinion is being used against me in the determination of my Claim.
  • jeremy
    • Are you the Injured Worker, Family, Citizen of State
    • Washington state
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • IME doctors are frauds that work with L&I
  • Lee A. L
    • Are you the Injured Worker, Family, Citizen of State
    • Yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 2
    • Comments
    • I understand that the system is the way it is now, because of previous injured workers that have abused the system. I really have no idea why a person who was injured on the job would want to stay out of work for 7 months and bring home less than 50% of what they were making before they got hurt. But ...Thats just me.
  • Gay A. B
    • Are you the Injured Worker, Family, Citizen of State
    • yes
    • Comments
    • The treatment received from L&I is deplorable.
  • Angel S
    • Are you the Injured Worker, Family, Citizen of State
    • yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • The Dept. of L & I uses unethical means to close out claims, and will do whatever it takes to keep them closed. They lie, cheat, and get paid to deny valid claims
  • Sandy H
    • Are you the Injured Worker, Family, Citizen of State
    • I am an injured worker and live in Washington
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 2
    • Comments
    • Self-Insured companies do not handle claims properly either and the State does not follow-up on them.
  • Gerald H
    • Are you the Injured Worker, Family, Citizen of State
    • Family yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • definitely 1 should be a 0
    • Comments
    • Join Washington State Injured Workers Coalition
  • Monica H
    • Are you the Injured Worker, Family, Citizen of State
    • myself and my spouse We are both citizens
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • Definitely 1 and should be 0
    • Comments
    • Join Washington State Injured Workers Coalition
  • Elizabeth A H
    • Are you the Injured Worker, Family, Citizen of State
    • yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • claim#X-730949, L and I is one of the most disgusting programs in this state due to their disgusting ways. Why is there forms for filing claims against people committing fraud against L and I but no forms for fraud being committed by L and I that injured workers may file?
  • MaryAnn G
    • Are you the Injured Worker, Family, Citizen of State
    • Yes, state of Florida
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 2
    • Comments
    • Injuruies are BAD enough without Intentional Suffering & Delays which compound the injured party & unknowingly hurts the system. To resolve an injury, outcome in a timely manner would decrease the costs for many. (Time is money the more stall tactics used, the more money lost for all parties involved!)Then again, do the employees of the insurance company's drag cases out intentionally for their own personal reasons???
  • CRYSTAL H
    • Are you the Injured Worker, Family, Citizen of State
    • yes,i'am the injured worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • i had to retain a lawyer inorder to get help,my claims manager was verbally abusive the few time i got a hold of her . she would never call me back,I even had to call the local office to have them try to contact her at the seattle office.she (marcy attwood)would not return their calls finaly the local office had her paged and held on hold as long as it took to get her..her treatment of me realy did a number one me.i did'nt think anyone could mentaly brow beat me but she did. I truely hate L @ I and just thinking about them makes me emotional..Their is much uglyness I've been through and I'am tired..I's pretty bad when all you want is help to get back to work,they seem to think people would rather be poor,lose their dignity and evey thing they worked so hard for then to return to work.i was injured (assualt working community protection) at the age of 25 in 1998. Believe me I'am not ready to retire on wellfare or disability,I wanted things in life!!!!! VERY ANGRY IN WASHINTON..Thank god she's no longer their
  • Corrie K
    • Are you the Injured Worker, Family, Citizen of State
    • Citizen of State
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
  • craig s
    • Are you the Injured Worker, Family, Citizen of State
    • yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 2
    • Comments
    • Because of the stalling techniques allowed by wash.state L&I I will be going through my 4th.shoulder replacement.
  • Reid I D
    • Are you the Injured Worker, Family, Citizen of State
    • Injured Worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 0
    • Comments
    • I'd like to see the state workers go threw what I have been threw!!!
  • Debra R
    • Are you the Injured Worker, Family, Citizen of State
    • Citizen, and family of injured worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 3
    • Comments
    • The Washington State system is arbitrary and capricious, and does not uphold the "sure and certain" remedy clause. . . An injured worker can be ASSURED he or she will receive different benefits depending on who the employer is, regardless of the severity of his or her injury. It is time for State Fund to be held to the same accountability standards of the self-insured sector, and for all claims to be handled in a manner that reflects the promises stated in the law . . .
  • Marty S
    • Are you the Injured Worker, Family, Citizen of State
    • No
    • Comments
    • Standing by my freinds
  • Cathleen B
    • Are you the Injured Worker, Family, Citizen of State
    • yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • failure to provide treatment, when treatment was allowed and the order and decision was correct and affirmed, and no appeal was made by the employer. Employers represenative manipulating medical file for self gain, these alone is unconstitutional.
  • Elena K
    • Are you the Injured Worker, Family, Citizen of State
    • yes
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • 6 years later and still dealing with this with no resolution yet.
  • vincelle m d
    • Are you the Injured Worker, Family, Citizen of State
    • have had injuries in the past
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • definate need of change
  • Louis P B
    • Are you the Injured Worker, Family, Citizen of State
    • Washington
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • Who Governs L&I,cause they are out of control!
  • Patricia W
    • Are you the Injured Worker, Family, Citizen of State
    • Wife of injured worker and citizen
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • honestly...negative 10
    • Comments
    • As an EMT, if I treated ANYONE in the manner L&I operates, I would lose my certficiation. Permanently.
  • Brian L
    • Are you the Injured Worker, Family, Citizen of State
    • Injured Worker
    • Assesment of Dept. of L&I in proper handling of claims, 1 = worst - 10 = best
    • 1
    • Comments
    • Reform the system that we the people pay for. Allow it to work for us not the wealthy pockets of the state insurance business/profits! We injured workers do not deserve to be dangled like puppets on strings by those who manage our claims "Adam Normoyle" Claims manager Unit N Washington State has failed us ethicly!