After surviving two attempts to overhaul its board of directors, North Dakota's workers compensation agency is backing the creation of a new panel of legislators who would review disputed claims and suggest policy changes.
The board, supported by the Legislature's Republican leadership, would hear testimony from workers unsatisfied with the way the agency has handled their claims.
"When you handle 20,000 claims a year, I can't tell you we catch every one of them," said Charles "Sandy" Blunt, the agency's chief executive officer. "If (the proposed review panel) catches something that we can do better, we will implement change immediately."
The committee would review cases only after legal appeals have been exhausted or abandoned, and would not have power to overturn or settle claims.
Instead, it would suggest changes in workers compensation policy or in the laws governing the agency, which is called Workforce Safety and Insurance.
"I believe we can make WSI better than it is today," said Rep. Rick Berg, R-Fargo, the House majority leader. "We can make it more responsive for injured workers."
The six-member board, made up of four Republican and two Democratic legislators, would meet between legislative sessions.
Workers would need to sign a waiver allowing the committee and the agency to review his or her workers compensation records. An amendment added Tuesday by the House Industry, Business and Labor Committee would allow the interim panel and WSI officials to discuss those private medical records at an open meeting.
Releasing the actual documents, however, would require additional authorization from the worker, said Rep. George Keiser, R-Bismarck, the committee's chairman.
The committee voted unanimously Tuesday to recommend that the House approve the measure. It also would have to get approval in the state Senate. Berg is the primary sponsor of the legislation, which was introduced after normal deadlines had passed.
Dave Kemnitz, president of the North Dakota AFL-CIO, said the panel also should allow third parties to provide testimony, and should hear the cases of workers who have settled claims outside of court.
Rep. Mary Ekstrom, D-Fargo, said limiting the interim committee's oversight to cases already decided may restrict its ability to propose effective changes.
"We may be only hearing about problems that existed long ago," she said. "I want to hear about the here and now, the problems that are ongoing."
The WSI board now has 11 voting members, a majority of whom represent employers. The Senate already has defeated a bill to put three legislators on the agency's present board, and another that gave the governor, instead of the board, the power to hire a chief executive officer. Both measures were sponsored by Democrats.
The alternative proposal is better, because it doesn't change the board's authority, said Dave MacIver, president of the Greater North Dakota Chamber of Commerce.
"It leaves the board in place and really lets them do their job," he said.
Blunt said WSI has handled an average of 19,650 claims in the past five years, and ultimately agrees to pay benefits for 96 percent of them. Those numbers, however, are little comfort to workers who feel they have been treated unfairly, he said.
"The key for us is to communicate, communicate, communicate, and work with our customers," Blunt said.
The bill is HB1523.
Posted in State-and-regional on Tuesday, March 8, 2005 6:00 pm Updated: 6:41 pm.
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