The full article - 'Opinions for Sale' Target of Injured Worker Advocate

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'Opinions for Sale' Target of Injured Worker Advocate: 01/13/06

AUSTIN -- In his first appearance before a legislative committee, Public

Employee Counsel Norman Darwin said Thursday he plans to identify doctors " with

opinions for sale " who help insurance companies deny legitimate benefits to

injured workers.

The Fort Worth claimants' attorney, who was named to his new position last month

by Gov. Rick , told the House Business and Industry Committee that he knows

who those doctors are in his home area, and intends to learn who they are in

other areas of Texas.

Darwin was one of four witnesses invited by the committee to provide on update

on efforts to implement reforms under House Bill 7, the workers' compensation

bill signed into law by last June.

Darwin reported that as an attorney representing injured workers he had

encountered instances where insurers had used opinions from doctors paid by the

insurance company to delay or deny paying legitimate claims.

Darwin also told the committee he plans to gather data on which workers'

compensation insurers most often dispute claims, what types of claims are

disputed most often, and how the disputes are resolved.

Another initiative planned by Darwin is to work with the State Bar of Texas to

encourage more attorneys to represent workers' compensation claimants.

Many attorneys stopped representing claimants in the 1990s after changes in

Texas workers' compensation laws, Darwin said.

However, attorneys can become board-certified in workers' compensation law, and

a former president of the state bar has agreed to help him in determining how to

get more attorneys to seek such certification, Darwin said.

Darwin reported that he arrived in Austin last week to take over his new post,

and has begun filling key posts at the office of injured employee counsel

(OIEC).

Currently, he is interviewing candidates to serve as staff attorneys, Darwin

said.

In addition to staffing, Darwin reported, he is working on various " logistical "

matters, such as assuring OIEC has an adequate telephone system to handle calls

from injured workers.

A communications expert with the Texas Department of Insurance is assisting with

that particular need, he said.

Committee Chair Helen Giddings, D-Dallas, asked Darwin to provide an update to

the panel in a week regarding his progress, including efforts to solve problems

faced by injured workers.

--By Bill Kidd, WCC correspondent

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