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Iowa Workers Choice of Treating Physician Bill Sitting Pat with a Full House

By Steve Lombardi

Iowa's Governor Chet Culver is in favor of the bill before the legislature that would allow injured workers the right to choose their own treating physician. He calls it a 'fundamental fairness issue.' Workers' compensation laws in Iowa allow the employer to choose the injured workers treating physicians. For years the argument has been made they pay and they get to choose the doctor.

But the system is out of balance with doctor's feeling beholden to the employers that regularly send them injured workers for patients. The patient is caught in the middle between case managers, whom I refer to as case mis-managers, the employer's HR representative and the employer all wanting the employees back to work before they have healed and are ready. Doctor restrictions are often ignored and the employee is pressured to work at a level beyond their limitations or the doctor is pressured by the employee to lift the restrictions so the employee doesn't get fired. The company doctors write restrictions vaguely or not at all, work up to what you feel you can do, and realistically probably feel pressure to do so by the referring employer.

The bill passed out of committee on a 10 to 6 vote. The Democrats have a 56-44 margin in control of the house. But this isn't really a party line issue. Rural Democratic House members with large manufacturers in their counties most likely fear reprisals during the next election and will not vote along party lines on this measure. House Republicans may also view this measure as more than just a vote for party lines. Fundamental fairness along with family values is something Republican's preach. With the drubbing Republican's took in the last election they may feel the need to reevaluate how workers currently view their treatment of the working class. Under Bush I and II clearly the Republicans faired better with working America. Not so at this time. The working public views them as talking tough and about fairness and frugality but actions speak louder than words.

Republicans spent America into this crisis. They can argue all they want that Democrats voted for it, but America still remembers the attitudes that produced situations like the Dixie Chicks and the San Francisco sewer plant naming project. They played mean and talked lean; but in the end they dug an economic hole large enough to drive a Mack truck through. Tough talk is worthless if we can't afford to pay the monthly bills.

American taxpayers are tired of of Congress saying one thing and doing another. Their votes along with taking campaign contributions from lobbyists show disdain and the voters have reacted and will continue to act to vote out those in power. It seems to me the voter sentiment is the same as what this bill is about: If we as a nation still value human dignity. And so that question in Iowa remains to be answered.

'The panel backed the bill on a 10-6 vote after a public hearing on the proposal.

Republicans vowed to put up a fight in the full House, where the bill's fate is uncertain.

Democrats control the House by a 56-44 margin, but there have been signs this year that important labor-backed bills face a tough fight.

A bill that would require contractors to pay the prevailing wage on public projects fell a single vote short in the House earlier in the session.'

As for the title, no I don't gamble, never did and never will.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on March 12, 2009 (boomark / email).