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October 15, 2008

Workers' comp class action filed

"The original petition, . . . alleges that 'workers' compensation insurance is supposed to provide prompt, fair and just compensation for injured employees in accordance with Texas Labor Code §402.021 but the DWC fails to deliver on those goals. . . . In some cases, claimants have waited up to 14 months to learn the results of a claim hearing and have had to turn to Medicare or the Social Security Administration for medical help, Durkin says. 'Dozens and dozens of workers have been bullied out of the workers' compensation system because they need medical treatment,' she says."

Attorney Joan M. Durkin, president of Durkin Law Offices in Hurst, has filed a class action suit against the Texas Division of Workers' Compensation (DWC), alleging that the way the agency handles workers' compensation claims does not meet the due process and open court provisions of the Texas Constitution. The original petition, Sutton, et al. v. Texas Department of Insurance Division of Workers? Compensation, filed Oct. 7 in Tarrant County's 48th District Court, alleges that 'workers' compensation insurance is supposed to provide prompt, fair and just compensation for injured employees in accordance with Texas Labor Code §402.021 but the DWC fails to deliver on those goals.' The Texas Office of the Attorney General has not yet been served with the petition and cannot comment about it, says OAG spokesman Tom Kelley. In some cases, claimants have waited up to 14 months to learn the results of a claim hearing and have had to turn to Medicare or the Social Security Administration for medical help, Durkin says. 'Dozens and dozens of workers have been bullied out of the workers' compensation system because they need medical treatment,' she says.
-- Jeanne Graham

http://www.uslaw.com/library/Texas/Workers_comp_class_action_filed.php?item=268212



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