Date: Wed, 17 Aug 1994 16:26:00 CST From: Wayne Hauber Subject: Worker's Comp. Lawyers To: Multiple recipients of list SOREHAND Organization: Iowa State University To the person who asked about Dragon Dictate and received the response that a lawyer might help get DD from the insurance company. I worked as the all-around computer analyst for Iowa's Workers Comp agency for several years. Before you hire an attorney consider these points: 1. If you are currently receiving Worker's Comp payments, the Insurance company may be willing to do anything which will get you back to work and ultimately shorten the time you are off work. I recall hearing insurers talk about folks with back injuries. They had stats to show that people who are off work for 9 (?) months have a good good chance of being classified as permanent total (won't go back to work). The *good* insurers wanted to rehabilitate folks with back injuries so they'd be more likely to return to work. There was a lot of information which suggested that early return to work prevented people from slipping into a syndrome where they were mentally and physically unable to return. I don't know if this philosophy would extend to RSI and Dragon Dictate, I've been away from Worker's Comp for 10 years... It can't hurt to ask your insurer for help. It costs nothing to ask. 2. Your State Worker's Comp agency should have claims analysts who can answer questions for you. Ours all started with Insurance companies and know how insurers work. They are usually willing to call your insurer for you and talk to your insurer's claims analyst. They probably already know if your insurer's claim's analyst will be receptive to RSI adaptive devices. Worker's Comp laws vary widely from state to state. They'll know what is true in your state. I called one of my friends (a claims analyst) in the worker's comp agency when I filed my first report of injury last month. She knew all the current RSI case law and sadly had unnecessary carpal tunnel surgery herself this year. So we both could relate to RSI, though in different ways. If I were you, I'd talk to a claims analyst *before* I hired a lawyer. Their knowledge of worker's comp claims practice is much better than most lawyers and they *may* be able to save you the cost of litigation by talking to the insurer. 3. If you get a lawyer, find one who specializes in worker's comp. It is a very specialized body of law. The RSI portion of the case law is changing. Our hearing room was next to my office. I always saw the same lawyers. They know each other and feel comfortable negotiating with each other. They know the hearing officers and how to present a contested case. A worker's comp lawyer will be a better lawyer than a will and probate lawyer. 4. Avoid a contested case if possible. Hiring a lawyer is often the first step in filing a contested case. In 1984, contested cases took over 2 years to resolve. I'm told that the time is longer now. Don't expect a resolution in time to make this month's house payments. Good luck with your endeavors... Wayne Hauber wjhauber@iastate.edu Network Information Iowa State University Computation Center