State lawmakers will scrutinize whether Wyoming workers who get hurt on the job are receiving fair compensation and benefits, while still making sure there is money to cover future expenses.

A hearing of the Joint Labor, Health and Social Services Interim Committee today will focus on the state's workers' compensation program. The hearing begins at 8:05 a.m. at the University of Wyoming Outreach Center, 951 N. Poplar St. in Casper.

The public comment portion of the hearing begins at 1:30 p.m.

The interim study was launched in response to workers and worker advocate groups who testified to legislators earlier this year that the program has evolved into an employer protection bureaucracy that systematically rebuffs those who get hurt on the job.

"We get bombarded with calls from people who feel like they've been treated unfairly and harassed," said Kim Floyd, executive director of the Wyoming AFL-CIO, one of three advocacy groups that pushed for reforms.

Floyd said the program is inaccessible to employees, and they need help navigating the highly complex system. There are no penalties in place for employers who try to defraud the system by not reporting accidents or for lodging unwarranted challenges to claims.

"There's almost a billion dollars in there (workers' comp fund), and workers rely on that system to make ends meet when they get hurt," Floyd said. "It's time we look at this system and find out what's gone awry."

During the past 12 years, the workers' comp program has gone from a bankrupt system to one that has amassed tens of millions of dollars in cash surplus. A bill that would have given employers a rebate was killed during this year's legislative session amid concern that future expenditures are difficult to measure.

"Employers have worked very hard in the past 15 years to help make the workers' comp system solvent, and they did that by making surcharges and trying to increase their safety practices," said Lynn Birleffi of the Wyoming Lodging and Restaurant Association. "At this point they deserve some sort of a premium (refund) for all of their hard work."

But supporters for workers' comp reform say the program isn't paying out as much as it should to injured workers. At a time when Wyoming's work force is stressed to the limits, churning out unprecedented public revenue and business profits, many who get hurt on the job are denied the benefits they deserve.

The effect is that injured workers who don't find help with workers' compensation are forced to turn to other government assistance programs.

"What happens to the worker is he has no money coming in, they lose their house, they lose their car, and it tears up families," Floyd said.

What lawmakers say

It's been 12 years since the last significant reform of Wyoming workers' compensation. Sen. Charlie Scott, R-Casper, said he's likely the only member of the committee who was around back then and has a linear perspective of the program's evolution.

Scott said that's why the morning hours of today's hearing were reserved for the workers' comp staff to explain the program.

"What we want them to do is take us through how all the benefits are calculated with samples," Scott said. "We've got a lot of committee members who are new to this business."

Criticism of workers' compensation is divided between the laws that guide the agency's procedural operations, and the agency's own execution of those laws.

In regard to the law, critics say changes to workers' comp statutes have steadily reduced benefits and stacked on procedural requirements that seem to place an undue burden on injured workers.

In regard to bedside manner, the workers' comp agency has been accused of harassment. Alleged tactics include baseless and continual denial of claims that are ultimately proven legitimate and compensable, "doctor-shopping" for desired diagnoses, and outright intimidation by claims analysts.

Rep. Tom Lubnau, R-Gillette, said he indeed has concerns about both the laws that guide the program and that those guidelines are carried out. However, the administration of the Workers' Compensation Division is outside the authority of the legislative branch.

"If it's an administrative problem, then call the governor's office," Lubnau said. "If it needs a legislative solution, then the committee will make a legislative solution."

Asked whether he had any specific concerns with the workers' compensation program, Gov. Dave Freudenthal said through a spokeswoman last week, "I have those concerns about the administration of all state programs. I look forward to the evolution of the discussions of the committee next week."

Lubnau said it's important to gather as much information as possible about the program and the people involved with it before any action is taken.

"Until I go to the hearing and hear everything and judge for myself, I don't know," he said. "That's why we have the hearing process, so people can come talk about their problems and we can see how to fix it. We can't make good legislative decisions until we have all of the facts, so it's important we hear from all sides."

Worker advocates

Cheyenne attorney George Santini said there are plenty of legislative repairs to be made to workers' compensation, beginning with where it fits within the structure of state government.

Wyoming is one of only a few states that administers its own workers' comp program. Essentially, the Wyoming Workers' Compensation Division is the insurance company and the administrator, so it investigates grievances filed against itself.

"The division becomes the agent of the employer rather than a neutral administrator of the entire system," Santini said. "That's something the Legislature has to fix. They can make structural changes in order to return neutrality to the system.

"The governor can step in try to do what he can," Santini continued. "But the real problem is systemic. You can't serve both the employees and the employers of the state. You can't be both."

Wyoming AFL-CIO, the Equality State Policy Center and the Wyoming Trial Lawyers Association lobbied the Legislature to make reforms. High on their list of requests: Create an employee advocate program.

Floyd said the Workers' Compensation Division has scheduled a series of forums for Wyoming employers in coming months, but has not made a similar attempt to perform outreach to employees.

More workers express frustration

After the Casper Star-Tribune series examining workers' compensation, "Pain and Politics," was published in March, dozens of people contacted the newspaper wanting to tell their stories of frustration with the system. Here are a couple of them:

Traci Bergeron, Hanna

Traci Bergeron suffered a rotator cuff injury while training as a correctional officer. A year later, she reinjured the same shoulder while on the job. Later, she was run over while performing a perimeter patrol at the Newcastle honor conservation camp.

At the age of 39, Bergeron was forced to retire because she could no longer perform her duties as a correctional officer.

"I wanted to work until I was retirement age. I wanted to promote up the program. This is not something that I asked for," Bergeron said.

Workers' compensation ultimately paid for Bergeron's medical procedures, but it only offered a $4,600 settlement. Just $4,600 for a career cut short and physical suffering that will last a lifetime, she said.

"It's a multitude of problems," Bergeron said.

Endemic in workers' compensation programs nationwide is a tendency to avoid correctional procedures and lifelong medical care. When Bergeron was first injured, doctors put her arm in a sling and provided three months of physical therapy.

"Then the doctor turned to me and said, 'I can dope you up as much as you want to be,'" Bergeron said. "Workers' compensation needs a huge overhaul. My life is worth more than a few thousand dollars."

Brandy Hall, Casper

After reviewing her claim, Wyoming's workers' compensation program determined that Brandy Hall's carpal tunnel in both her right and left hands was indeed work-related, according to Hall. But company that employed Hall as a scraper operator fought the claim, delaying wage benefits.

"It was an off and on battle fighting with workers' comp and fighting with the company to get bills paid, get medical bills paid," Hall said. "If workers' comp had deemed it was work-related, they should have fought the company instead of fighting me, because the company pays premiums to cover these things."

Unable to return to work, Hall watched everything she owned slip away until she had to file for bankruptcy, she said.

"They'd get court dates, then wait until it was close to the date and the company would pay at the last minute just to stretch it out," Hall said.

At age 32, Hall, a single mother, has been forced to move back in with her parents, she said. Still suffering from carpal tunnel syndrome, she said she's trying to find work and put her life back together. Still, no impairment rating has been set for her injury, and there's no compensation coming from the state.

"If it wasn't for my family, I don't know where I would be right now," Hall said.



Energy reporter Dustin Bleizeffer can be reached at (307) 577-6069 or dustin.bleizeffer@trib.com.