I vehemently believe our Worker's Compensation System needs to be fixed!
- I vehemently believe that our Worker's Compensation System is broken and it needs to be over hauled dramatically!
- First, I will propose a Bill to take back the statutory process from private insurance companies and place the control of the entire program under the South Dakota State Department of Labor. The D.O.L. will be held accountable by the office of the Governor and the State's Attorney General's office! The State's Attorney's Office will oversee the adjudication processes at all stages!
- When a treating physician supports an applicant's claim for workers compensation because of a job related injury, no one, other then the original treating physician, shall be allowed to take the injured employee's compensation benefits away without first petitioning the D.O.L. for a full adjudication on the merits of the individual claim! This Bill also extends coverage to Farm Workers' who have been left out historically!
- Compensation will be awarded if supported by a licensed physician at the employee's full Gross earnings, without consideration of taxable income! Coverages include any and all medical and prescription recommendations by the treating physicians'!
- I support this Bill because injured employee's have enough to worry about without losing their benefits by private insurance company's who think of nothing but their bottom lines!
- This new law will even the playing field and protect every worker's due process rights! Our Constitution says, paraphrasing, "we cannot be deprived of life, liberty or property without due process!" Workers compensation benefits constitute a property right interest and therefore, cannot be denied without due process!
- Too many times, insurance companies ignore treating physicians advise and send injured employee's to IME doctors, which almost always result in the termination of comp benefits without due process!
- Fast tracking these claims to full adjudication under the D.O.L. will insure fairness and equitable and amicable treatment under the law!
- The rules of evidence will fully apply!
- Compulsory attendance by all participants' will be mandatory at all stages of the claim!
- Only disinterested ALJ's will officiate these hearings! No D.O.L. employee's or interested attorney's will be utilized!
- Either party to the individual claim may petition the D.O.L. for redress of contested issues, following standard notice requirements!
- The decision of the D.O.L. is binding on all parties, unless appealed to Circuit Court immediately within 10 business days of a decision!