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Patients with Fake Injuries

By: Freddy Brouwer

Those who are involved in worker's compensation know that the system has problems and fingers are pointed at different people. Professionals, lawyers, legislators, and insurance companies are not spared from accusations of fraud. The California Department of Insurance always goes after the bosses.

Worker's compensation insurance involves employer fraud. Among the different forms of fraud committed by employers would be reporting the wrong amount of an employee's pay and giving the wrong classification to an employee. The state's top insurance regulator sees this from a different angle. People who are being paid large amounts of money by their employers often misuse the workers' compensation insurance, says a California insurance commissioner.

The attorney dealing with workers' compensation issues says that the blame for this current crisis can fall on any group involved. His strongest defense will be used for the workers. The incidence of fraud committed by workers is not very big. There was a very small number of arrests and convictions between 1993 and 1998, reports one of the sources of the attorney, the California applicants' attorneys association Web site.

It would be best if employers and employees set aside their differences and realize that the insurance companies are what they will both be facing. Five years after the insurance industry was deregulated, insurance costs fell. But the number of claims was also way down and insurance companies made large profits by investing those premiums in the runaway stock market.

The 9/11 incidents brought its own share of problems. Terrorist attacks cost the insurance industry around $40 billion, and it also closed down several companies. According to him, around 235 private companies are still offering workers' compensation insurance in California and that he approves legislation that would include them in the state Web site.

Another concern is that when claims are made, rates go up, but when there are no claims, there is no drop in rates. He supports the provisions of Senate Bill 191 which seeks to give rewards to employees who did not make any claims for two years.

The conditions of the patients one physical therapist serves can be described with the word compitis. This gentleman, who specializes in spinal care at a rehabilitation center, said he thinks there is often a significant difference in the recovery time between similar work and non work injuries.

Injuries related to work will not recover as fast as injuries related to other things. This new payment system would help in keeping the names of workers' compensation patients in the books of health specialists.

He says that once the paperwork is accomplished, the health professionals can just wait for the check to come to them. According to him, this is very different from the many requirements and problems one may usually expect from an HMO.

This one chiropractor who has been practicing for 13 years claims that only 15% of his patients are on workers' compensation. Chiropractors take advantage of this system by billing for a lot more than what is normally recommended. He knows what patients do to abuse the system. Through certain tests, we can tell whether a patient has fake injuries or not.

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