'Opinions for Sale' Target of Injured Worker Advocate

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'Opinions for Sale' Target of Injured Worker Advocate

'Opinions for Sale' Target of Injured Worker Advocate: 01/13/06

AUSTIN -- In his first appearance before a legislative committee,

Public Employee Counsel Norman Darwin said Thursday he plans to

identify doctors " with opinions for sale " who help insurance

companies deny legitimate benefits to injured workers.

The Fort Worth claimants' attorney, who was named to his new

position last month by Gov. Rick , told the House Business and

Industry Committee that he knows who those doctors are in his home

area, and intends to learn who they are in other areas of Texas.

Darwin was one of four witnesses invited by the committee to provide

on update on efforts to implement reforms under House Bill 7, the

workers' compensation bill signed into law by last June.

Darwin reported that as an attorney representing injured workers he

had encountered instances where insurers had used opinions from

doctors paid by the insurance company to delay or deny paying

legitimate claims.

Darwin also told the committee he plans to gather data on which

workers' compensation insurers most often dispute claims, what types

of claims are disputed most often, and how the disputes are resolved.

Another initiative planned by Darwin is to work with the State Bar

of Texas to encourage more attorneys to represent workers'

compensation claimants.

Many attorneys stopped representing claimants in the 1990s after

changes in Texas workers' compensation laws, Darwin said.

However, attorneys can become board-certified in workers'

compensation law, and a former president of the state bar has agreed

to help him in determining how to get more attorneys to seek such

certification, Darwin said.

Darwin reported that he arrived in Austin last week to take over his

new post, and has begun filling key posts at the office of injured

employee counsel (OIEC).

Currently, he is interviewing candidates to serve as staff

attorneys, Darwin said.

In addition to staffing, Darwin reported, he is working on

various " logistical " matters, such as assuring OIEC has an adequate

telephone system to handle calls from injured workers.

A communications expert with the Texas Department of Insurance is

assisting with that particular need, he said.

Committee Chair Helen Giddings, D-Dallas, asked Darwin to provide an

update to the panel in a week regarding his progress, including

efforts to solve problems faced by injured workers.

--By Bill Kidd, WCC correspondent

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