Sunday, July 19, 2009

MN Union Construction Facilliation Program - Does it work?


Over the years I worked as attorney representing construction and insurance companies participating in the Minnesota Union Construction Workers Compensation Program.

The stated goal of the MN UCWCP is as follows:

"OUR MISSION: Eliminate the adversarial culture of workers' compensation claim administration; improve the delivery of wage-replacement benefits and the quality of medical care to injured union members; return injured workers to their pre-injury job quickly; reduce the costs of insurance for union contractors thereby increasing their competitiveness."

I now represent ONLY injured employee's before the MN UCWCP and feel compelled to share my experience and commentary.

Does the MN UCWCP fulfill their mission statement? When it comes to "reducing costs of insurance for construction companies the answer is clearly YES. When it comes to fairly looking out for the injured worker the answer is "NOT in many cases". In my opinion the biggest problem is the alleged "neutral" panel of physicians which is LAUGHABLE. In fact, many in the legal community on both sides snicker and giggle at the use of the term "neutral" with some of the medical providers listed. Are there good physicians listed - yes. But the question is whether they are neutral and the answer is not always. The majority of the physicians on the list are the same one's used by insurance companies day in and day out for adverse examinations or so called "independent medical examinations". These doctors make MILLIONS upon MILLIONS of dollars performing IMEs in offices across Minnesota.

I urge labor and union members to contact their leadership and stewards and ask that this panel of physicians be replaced with truly neutral examiners. Those who perform IMEs or Adverse Examinations more than once a month should be EXCLUDED from the panel! Do you really want a doctor who performs hundreds of IMEs a year for insurance companies every year to be the decision maker on your MN UCWCP case? The answer should be a resounding NO!

If you have questions regarding the Minnesota Union Construction Facillitation Program please contact Thomas Atkinson at 651-324-9514 or visit my web site at www.mndisability.com

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