It seems that beginning August 28, 2005, Missouri's workers are basically without Workers' Compensation thanks to Senate Bills 1 and 130. The people we voted into office may have thumbed their noses at the employee. If you have ever visited a workers compensation doctor you might have found that the "doctor" realized you are not the one paying them.

Now not only do the insurance companies tell you what doctor (their doctor) you will see, but it is possible they won't have to pay anything either. The way I read the new law is, if you have arthritis, don't complain to me about your carpal tunnel problems. You had bad wrists to begin with--so what if you performed repetitive motion work for 30 years. If you are over 35 don't complain to me about your neck--so what if you were knocked down by a truck, you were getting old anyway. This is called "The Prevailing Factor" defined as the primary factor in relation to any other factor. So don't expect Workers' Comp to foot the bill. You may have to turn it in to your medical insurance company.

Oh, the judge can see you struggling with pain? So what, we don't want his or her opinion. If it isn't showing up on the x-ray, you must not be in pain. Quit lying. You can bet the judges will be sure to pass the new "Review Committee Audits" with flying colors, since they could be kicked off their individual benches if the audits don't bode well for them.

Gov. Blunt is proud of his "Pro Business" measures but at whose expense? Yours and mine, the people who do the work.

If anyone knows what this sentence means I would really like to know: "Prohibit workers fired for post-injury misconduct from receiving compensation." It sounds a little intimidating to me.

Let's not forget this statement, "If the division or the commission determines that any proceedings have been brought, prosecuted, or defended without reasonable grounds, the division may assess the whole cost of the proceedings upon the party who brought, prosecuted, or defended them." To me this sounds like, not only can you be hurt but you better be careful complaining about it, or a lot of money could be leaving your pockets.

I'm sure the Work Comp Insurance Companies and many Missouri businesses are thrilled with all the new changes in the law. I guess lobbying goes a long way. Missouri workers need to group together and make a few changes of their own.

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Commentary by Laurie Bell
Sedalia, MO

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