CA: Workers' comp judges abuse the system

San Diego Union -Tribune ^ | 12/6/04 | Op/Ed

[NormsRevenge]

A judge who can't handle "deadlines, attorneys' and parties' harassment and conflicts (with) angry, hostile litigants" probably ought to find another line of work.

But a state workers' compensation judge – actually, an arbiter of money and medical benefits in workers' comp cases – has filed a workers' comp claim for, according to The Sacramento Bee, "injuries to the heart and psyche." And hers is hardly the most glaring case of judges working the workers' comp system to their personal advantage. More's the pity that it's lawful.

In fact, the cost of workers' comp as a percentage of payroll at the Department of Industrial Relations is nearly as high as the percentage for Department of Corrections prison guards. Is this a function of unusual judicial stress or playing a system that the judges know better than most? You be the judge.

A workers' comp judge in Bakersfield who has already won a $14,480 cash settlement for injuring her shoulder from lifting file boxes now wants her case reopened because, she says, her injuries have worsened.

Another judge and former workers' comp lawyer for the state has filed five claims in three years, been found to be 40 percent disabled, had two breast implants replaced, and collected more than $33,000 and future medical benefits. She now has notified the state that she's willing to settle all claims for another $200,000.

A third judge has filed for 100 percent disability from on-the-job injuries, including neurological deficits in his feet and hands that he attributes as much to his duties as to his diabetes. None of which stopped him from running for a Superior Court judgeship; unsuccessful, he continues his disability claim.

A fourth judge, who as a veteran already has government health coverage, still pursues a claim, already denied on appeal, for writer's cramp and other ailments.

We should all have such jobs – except that somebody's work ethic must pay the taxes that pay the salaries and settlements of workers' comp judges. Protected by Civil Service rules, steeped in workers' comp rules and at least partially disabled by the heavy physical and psychological lifting they claim their job entails, these judges slip, fall and cramp through the claims process. How much time do they spend on the job?

They are, moreover, unfettered by any ethical restrictions on retaining for their own claims the lawyers, law firms and physicians who appear before them in other cases. And though judges don't decide the cases of colleagues in their own offices, the statewide pool of judges from whom to choose is small and, well, collegial.

Only the Legislature can corral this close clique of experts: Impose ethical restrictions. Farm out the personal cases of workers' comp judges to retirees. Mandate training in proper lifting, sitting and walking. Workers' comp is meant to be serious business, not a professional perk.

[Tacis]

The legislature can not even consider this issue because the unions will NEVER give them permission to do so!

[foolscap]

A workers' comp judge in Bakersfield who has already won a $14,480 cash settlement for injuring her shoulder from lifting file boxes now wants her case reopened because, she says, her injuries have worsened

Actually this injury is very possible and may be legitimate. The judge however should have known not to close her case without open medical.

[steplock]

you DO realize what a "judge" really is? nothing but another scumbag attorney.

That explains the corruption and criminal behavior.