Labor and Public Employees Committee

March 1, 2010

Good Morning Senator Gomes,

During testimony February 23, 2010 Senator Guglielmo asked what occurs in other states that may have increased the powers of medical determination to WC commissioners. 

I put the Reasonable and Necessary proposal out to an Injured Workers Forum with the information that CT Statute would still contain the Reasonable and Necessary language determination for physicians and surgeons all the while giving the same power to the commissioners. 

I received the following reply that speaks for itself. 

"In my state it works both ways. Both the defense and the IW can take a denied or approved medical procedure to a judge to decide. The problem is...applicant's attorneys do not get paid to take matters to court. They only get a % of our PD, so most applicant's attorneys will not take a surgery denial to the judge. On the other hand, defense attorney's get paid hourly, and do not have a problem taking a surgery approval to the judge. That is the problem that may occur in your state, if commissioners have that power.(IMO)"

Regarding former Commissioner Miles testimony regarding the 1998 Chairman Frankl directive that Injured Workers do not have to receive authorization for each treatment  under an accepted treatment plan, I find it no coincidence that this directive was discontinued upon the appointment of John Mastropietro.

Did you notice John Mastropietro left the hearing room Tuesday February 23, 2010 in order to avoid Labor and Public Employees Committee confrontation of Commissioner Miles claims of fraud?

Giving CT commissioners Reasonable and Necessary medical determination will create problems not solve them.

I think you all need to meet with John.

Sincerely,

William Lawler
P.O. Box 3951
Manchester, CT 06045