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JAMES BADER Nov 3, 2016 a 7:58 am PDT
The carve out programs I have encountered have reduced litigation for a specific reason, they do not allow injured workers to have attorneys, or greatly reduce the ability of a lawyer in assisting the injured worker in the claim. They have a specific "list" of doctors you can utilize for a QME exam, and the adjusters are always happy to tell you, "we have our own judges in this system, you cant go to the WCAB," with this case! Just another form of oppression for the injured workers.
Janet Phinick Nov 3, 2016 a 7:58 am PDT
baderlaw...True - injured workers' attorneys are more restricted in construction carve-outs than non-construction carve-outs. I think you are missing the point. Carve-outs put the injured worker first, which creates less work for the attorney, who gets paid on the award, not on the time they spend litigating. Carve-outs will not suppress the injured worker's rights, but improve recovery times and outcomes, so they can return to work faster and experience less disruption to their lives. Carve-outs can be a good thing for applicant attorneys if they just take a minute to think about how their lives would be if they did not have to spend 50% or their waking time reviewing files and filing petitions.