How often do insurance companies appeal a judgement?

Author Subject: How often do insurance companies appeal a judgement?
Thomas Posted At 17:51:45 07/26/2001
I won the first battle with a major, I repeat major corporation in Hillsboro, Oregon. The insurance company that should be listed in the Hall of Shame is threatening to appeal. Someone educate me on what I'm due and how often and what circumstances will they appeal. They have no evidence. They treated me like a dog on crook and I served my country for 8 years in the United States Marine Corps. I would love to talk with someone that has been through this.
Injured
Workers'
Alliance
How often do insurance companies appeal a judgment? (Currently 0 replies)
Posted At 12:50:00 08/01/2001

Thomas,

It is outright shameful how you've been treated by the system. Unfortunately, what you're being forced to endure is common practice when an injury is moderate to severe from what we've learned from injured worker meetings and one-on-one talks, through our IME Survey, and thousands of hours of research including studying court documents. We suggest you learn everything you possibly can about Oregon Workers' Compensation law. You should also report all mistreatment to and seek the assistance of the Oregon Ombudsman for Injured Workers at (800) 927-1271. Their Web site is at http://www.cbs.state.or.us/external/wco/index.html.

As to your "appeal" question. It varies and for those who read this is the future, we suggest contacting the Ombudsman office above since laws change. At present time (July 2001) the appeal process may involve these steps after a worker receives a Notice of Claim Closure. This does not apply to all closures.

Decision: DCBS director's office
Ruling: Administrative Law Judge (ALJ)
Ruling: Workers' Compensation Board
Ruling: Oregon Court of Appeals
Ruling: Oregon Supreme Court

We hope the information at the following sites will help you learn more about the system. Knowledge is the key to making sure you're hurt as little as possible by present law and practices. The sad truth is that the "system" as it exists today has been manipulated so that profit-driven insurance companies and greedy self-insured employers are allowed, with little "fair-minded" government intervention, to practice routine denials, repeated claim closures on the same injury, and never-ending delay tactics. Their objective is for injured workers to walk away outright, die before settlement, or give up and accept ghastly settlement offers, many of which don't even cover "known" medical bill totals, let alone loss-wage compensation, retraining, and other future injury-related expenses. The carriers have given this never-ending delaying routine a name. They call it the "STARVE-OUT."

Please learn all you can from the following sites. Do not put all your faith in WC attorney's who are underpaid (due to legislation) and overworked (many have left the field as a result).

http://www.cbs.state.or.us/external/wcd/docs/oarors.htm (bulletins, etc.)
http://landru.leg.state.or.us/ors/656.html (Oregon Revised Statutes:Workers' Compensation)
http://www.cbs.state.or.us/wcd/pubs/pub_indx.htm (What happens if I’m hurt on the job?, other publications)
http://www.injuredworker.org/legal.htm (legal research links)
http://www.injuredworker.org/Letters/Truth.htm (Oregon's Anti-Worker Compensation System)
http://www.lra-ny.com/workers_comp/workerscompfraud.html (Workers' Compensation Fraud: The Real Story)
http://www.lra-ny.com/workers_comp/nextassualt.html (The Next Assault on Workers' Comp)
http://www.cbs.state.or.us/external/wcd/bulletins/bul_139.pdf (claims closure by insurers and self-insured employers. Free Adobe Acrobat required)

If together we are to stop this needless present-day suffering of thousands, and prevent future horrors that will fall upon our children and then their children, we must unite and create change. This includes contacting legislators and writing the media regularly.

It's vital that all workers, injured or not, organize. Please either form an worker advocacy group in your area or help an existing one. We at Injured Workers' Alliance (and other Oregon groups listed on our main page) need volunteers who can devote a few hours or more a month to force change. To help, please contact us through our main page. If your physical condition or other reasons make this impossible, we could use donations. IWA has formed a Political Committee. Contributions by Oregonians to PC are reinbursed ($50, single or $100, joint filers) if state taxes are owed the following year. We know the comp system creates financial strains. We have suffered as you. Until now (we formed in Summer 1998), IWA resisted asking for contributions but reality tells us that a few organizers can't fund what it'll take to overhall this pathetic work comp system now in place. We need desperately to educate (inform and warn) non-injured Oregonians, lobby for "just" laws, and possibly gear up for an ballot initiative. If you like, place an ad yourself perhaps listing this website address. The average worker and their family have "absolutely" no idea what physical and emotional torment they're in for should they be injured. Did you?

In numbers, we can make this system fair and responsible to all. Please assist us in any way you can. God Bless You.


"It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal or acts to improve the lot of others or strikes out against injustice he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance."

Robert F Kennedy - 1966


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