By Davin White
The Charleston Gazette
November 17, 2009

CHARLESTON, W.Va. -- More and more injured workers fail to get needed medical treatment under new state rules created after a 2005 law privatized the state's Workers' Compensation system, lawmakers were told Tuesday evening.

The Legislature's Joint Judiciary Committee held a hearing on Tuesday evening about increasing difficulties many injured workers face today.

Among the new rules is one that makes it illegal for a lawyer to receive a fee for representing injured workers who are trying to get medical benefits.

Pat Maroney, a Charleston lawyer who represents unions and injured workers, told the committee an increasing percentage of all protests challenging the benefit denials today focus on medical benefits.

In 2003, before the new law was passed, 8 percent of all appeals involved denial of medical benefits. Since 2004, Maroney said, that percentage has ranged from 21 percent to 31 percent.

Not everyone dislikes the new rules.

"The system is working fairly well. There has been a tremendous reduction in protests [of benefit denials]," said Tim Huffman, a lawyer for Jackson Kelly and vice chairman of the West Virginia Chamber of Commerce. "In 2005, there were 19,000 protests. By the end of 2009, there will be about 5,800 protests."

Chamber President Steve Roberts, president of the West Virginia Chamber added that his group would be "concerned about anything that might increase costs."

House Majority Whip Mike Caputo, D-Marion, said he frequently talks to small business owners in Fairmont, such as beer distributors and restaurant owners.

"I have not seen anyone whose workers' comp premiums have gone down," he said.

Roberts said premiums have dropped for the large companies who employ half the state's workforce.

The complexity of new rules and regulations also makes it more difficult for physicians to complete paperwork associated with injury claims.