Proposed Law Seeks Changes to NC Workers' Comp

The North Carolina legislature is considering sweeping changes to its workers' compensation system. House Bill 709, dubbed the Act to "Protect and Put NC Back to Work" seeks to change how injured workers choose physicians, alter the compensation they may receive, regulate the types of jobs they should take and change how private medical information may be accessed. These changes will adversely affect injured workers because it will likely limit an injured worker's rights to determine treatment, and increase the burden on them to challenge inappropriate recommendations.

Changes to Medical Treatment

When a worker is injured on the job, the company's insurer commonly provides a physician to direct treatment and make recommendations as to when the worker can return to work. However, a worker can petition the North Carolina Industrial Commission to have his or her own doctor manage their care by showing by a preponderance of the evidence that such a change would be in the worker's best interest. The new law would change that standard to "clear and convincing evidence", thus considerably raising the threshold for injured workers and making it nearly impossible for them to switch to a doctor who would have their best interests in mind.

Under the proposed law, the Commission would no longer consider evaluations, diagnoses and other reports by doctors who treated the worker prior to a motion filed to change providers. Also, the injured worker's medical privacy rights would be compromised, as insurance companies and defense attorneys would be able to question the worker's own medical providers without their knowledge. Further, the worker's right to a second opinion examination by their own physician would be curtailed to only involve the applicable percentage of permanent partial impairment.

Changes to Disability Compensation

Most importantly, the number of weeks a worker would be eligible to receive benefits would be limited to 500 weeks from the date of the injury, unless the worker can prove that he or she is totally disabled. Essentially, the amount of compensation would be capped unless workers could prove that they have suffered:

• Severe paralysis of both legs, arms or the torso
• Brain injury evidenced by severe motor or cognitive disorders
• Second or third degree burns on greater than 33 percent of the body

When a worker is deemed to have reached maximum medical improvement, he or she would be required to return to work in a capacity that satisfies the work recommendations based on the injury. However, this proposed change does not take into account whether the particular job is currently available or within a reasonable distance from the worker's home.

These proposed changes are set to take effect once the bill actually becomes law; which is tentatively July 1, 2011. They will affect all workers with current claims as well as those who have claims pending. For questions about the status and additional effects the proposed law would have, contact an experienced workers' compensation attorney.