The Worker's Compensation Morass

In the name of commerce, Governor Leavitt seeks to fully privatize the Worker’s Compensation Fund. At a recent luncheon, the Governor, with great insight, explained his position. Though his presentation was impressive and his desire to do good was undeniable, it is apparent that the Governor is blissfully oblivious to everything but the problems of the rich and powerful. I do not claim he bears any malice or guile in his political goals, it’s simply that the concerns of the downtrodden never attain his notice.

If they did, if he truly was the Governor for all, he would have learned of more serious problems with the Worker’s Compensation system than whether the Fund should be privatized. The current system rewards insurance carriers who frivolously deny claims, use incompetent medical providers and medical evaluators, and delay paying claims for any pretext. They do so because those challenging them have an almost insurmountable burden.

They know that desperate injured workers, forced to wait months and sometimes years to have their claims heard by the overwhelmed Industrial Commission, will either die, give up or drastically compromise their claims. They know that often the cost to fight them is greater than the benefits owed, so they deny thousands of dollars in medical bills. They know that even when they lose they win, suffering no penalty for their intransigence. And finally, since benefit rates have not kept pace with inflation, the injured become more impoverished while the carriers become richer.

In short, instead of the Fund’s TV propaganda of an alley mugging, the real scene is of an Armani-suited gang beating an already injured worker to death with their brief cases. The message to Governor Leavitt? Widen your vision to include "these the least of thy brethren," and not just the rich and influential. Then, being the honorable person you are, you will do the most good for the most people by making a comprehensive reformation of the Worker’s Compensation system.

Loren M. Lambert
June 23, 2002