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| (210) 995-4430 |
| Center for Injured Workers, Inc. A Non-Profit Corporation |
and they got it through further erosion of the 1989 Act. The ineffectiveness of TWCC encouraged unscrupulous insurers to take
advantage of defenseless injured employees. Insurance carriers have deep pockets so they used their unlimited access to thebest
defense lawyers, claims adjusters, medical doctors, peer review doctors, claims investigators, case managers, expert witnesses,
court reporters, subpoena capability, and whatever they needed to squash injured employees who dared to claim that they
sustained an injury in the course and scope of employment. They did not care how much they spent because they can always pass
the increase on to the employers as the expense of doing business. The extravagant spending resulted in the rise of the cost of
workers’ compensation even though injured employee claims went down. The insurance carriers blamed the health care providers
for the increase in workers’ compensation expenditures.
The ravenous insurance lobbyists go to the Texas Legislators. In 2005, the Texas Legislature enacted House Bill. 7 to reform the
administration of the workers' compensation system and implement major changes in the delivery of benefits to injured workers. H.
B. 7 created and placed a newly-created Division of Workers' Compensation (DWC) under the Texas Department of Insurance
under a Commissioner of Workers' Compensation appointed by the Governor. TWCC was abolished, meeting the same fate as
the Texas Industrial Accident Board (TIAB), for not satisfying the greed of the workers' compensation insurance carriers.
H.B. 7 also established a new state agency, the Office of Injured Employee Counsel (OIEC), to be administered by a Public Counsel
appointed by the Governor. This placed the fate of injured employees under the Governor. It looked good because it seemed like
injured employees now had legal representation, but it was not the case. Ombudsman, who are no match for ravenous insurance
carriers, were still assisting injured workers. Health care networks, similar to those found in group health insurance, were also
instituted to contain the rise in the cost of workers’ compensation the insurance carriers attributed to the claimants’ health care
providers. Health care networks had a rocky beginning but they eventually became the injured workers' nightmare.
H.B. 7 emboldened insurance carriers to continue committing violations of the Act which denied the injured worker due process by
the manner in which administrative procedures are implemented within the workers' compensation system. The ultimate test of
due process of law in an administrative procedure is the presence or absence of the rudiment of fair play. Any procedure which is
unjust and wrong to the Claimant does not satisfy the minimum due process requirements of the Law.
H.B. 7 resulted in many health care providers refusing to treat injured employees. Many plaintiff attorneys also stopped taking
workers’ compensation cases. Without plaintiff attorneys to stand up to the abusive and aggressive powerful insurance defense
attorneys and without sufficient treating doctors who are willing to stand by their medical oath to provide reasonable and necessary
health care to safely return injured employees back to work, the injured employee is not realizing the benefits anticipated from the
workers’ compensation system they agreed upon in return for relinquishing their common law rights.
The injured worker does not have the ability or the money to challenge these violations, so carrier abuses keep increasing. The
majority of injured employees find that they are unable to return to work after their injury. They are forced to rely on social security
disability, food stamps, public assistance, or aid to families with dependent children in order to surviv People of conscience must
stand up and unite under a common banner to stop “injucide”, the relentless, uncontrolled, outrageous abuse of injured
employees. The unscrupulous strategies practiced by insurance carriers and their powerful defense attorneys are not only causing
the rise in the cost of workers’ compensation but are also making it very difficult for the few health care providers and plaintiff
attorneys to help injured employees to not only receive indemnity and health care benefits but also to safely return to work and
become productive employees.
CIW has been on the forefront fighting for the human rights of injured employees by educating and training them so they can
effectively navigate the complex workers' compensation system. CIW has conducted Town Hall Meetings, seminars, conferences
(such as the Occupational Disabilities Guidelines (ODG) Conference) to educate health care providers and participates in the
TDI/DWC Stakeholder meetings. But that is not enough. Texas needs a Statewide grass roots advocacy in order to influence and
elect Legislators who will enact a Workers’ Compensation Act that will be fair and cost effective. This can be done by holding each
party liable and responsible for their duty to deal fairly and in good faith with injured employees in the processing and payment of
claims and providing reasonable expedient health care benefits so injured employee can safely return to work..
CIW is the cradle of hope for the injured employee. CIW does not assist or represent an injured employee under the provisions of
Texas Labor Code §401.011(37) and §410.006(a) and/or 28 Texas Administrative Code §150.3(a)(3). Instead, CIW acts on behalf
of a claimant as permitted by TDI/DWC and OIEC because the Texas Labor Code only provides the Division with monitoring of
representatives, not persons acting on behalf of claimants. CIW provides fee-based education and training on the rudiments of
workers' compensation so injured employees can make informed decisions as they fight to preserve their workers' compensation
benefits. CIW and an injured employee enter into a contract through the use of a sworn specific power of attorney under the
provisions of the Texas Government Code §552.023(a) and the Texas Labor Code §402.084(b)(1).
Carolyn Arambula, who is the Executive Director, and John Arambula, who is CIW's Board President, do not receive a salary or fee
or remuneration directly or indirectly from any fee (tax deductible charitable contribution) CIW receives from an injured employee.
CIW, as a nonprofit organization, does not by law distribute revenue to its owners. Any revenue retained by a nonprofit is used to
propagate the purpose of the organization.
CIW's goal is to be able to attract sufficient tax deductible charitable contributions so it can provide free education and training to
injured employees so they will not become victims to the system that is supposed to help them. To help CIW achieve this goal,
please send generous charitable contributions which are tax-deductible to CIW, P.O. Box 691494, San Antonio, TX 78269-1494 or
click on the PayPal "VISA, MC" Donate icon and you’ll be guided on how to send your charitable contribution. For more information,
contact Carolyn Arambula, Executive Director, at 210-995-4430.
advantage of defenseless injured employees. Insurance carriers have deep pockets so they used their unlimited access to thebest
defense lawyers, claims adjusters, medical doctors, peer review doctors, claims investigators, case managers, expert witnesses,
court reporters, subpoena capability, and whatever they needed to squash injured employees who dared to claim that they
sustained an injury in the course and scope of employment. They did not care how much they spent because they can always pass
the increase on to the employers as the expense of doing business. The extravagant spending resulted in the rise of the cost of
workers’ compensation even though injured employee claims went down. The insurance carriers blamed the health care providers
for the increase in workers’ compensation expenditures.
The ravenous insurance lobbyists go to the Texas Legislators. In 2005, the Texas Legislature enacted House Bill. 7 to reform the
administration of the workers' compensation system and implement major changes in the delivery of benefits to injured workers. H.
B. 7 created and placed a newly-created Division of Workers' Compensation (DWC) under the Texas Department of Insurance
under a Commissioner of Workers' Compensation appointed by the Governor. TWCC was abolished, meeting the same fate as
the Texas Industrial Accident Board (TIAB), for not satisfying the greed of the workers' compensation insurance carriers.
H.B. 7 also established a new state agency, the Office of Injured Employee Counsel (OIEC), to be administered by a Public Counsel
appointed by the Governor. This placed the fate of injured employees under the Governor. It looked good because it seemed like
injured employees now had legal representation, but it was not the case. Ombudsman, who are no match for ravenous insurance
carriers, were still assisting injured workers. Health care networks, similar to those found in group health insurance, were also
instituted to contain the rise in the cost of workers’ compensation the insurance carriers attributed to the claimants’ health care
providers. Health care networks had a rocky beginning but they eventually became the injured workers' nightmare.
H.B. 7 emboldened insurance carriers to continue committing violations of the Act which denied the injured worker due process by
the manner in which administrative procedures are implemented within the workers' compensation system. The ultimate test of
due process of law in an administrative procedure is the presence or absence of the rudiment of fair play. Any procedure which is
unjust and wrong to the Claimant does not satisfy the minimum due process requirements of the Law.
H.B. 7 resulted in many health care providers refusing to treat injured employees. Many plaintiff attorneys also stopped taking
workers’ compensation cases. Without plaintiff attorneys to stand up to the abusive and aggressive powerful insurance defense
attorneys and without sufficient treating doctors who are willing to stand by their medical oath to provide reasonable and necessary
health care to safely return injured employees back to work, the injured employee is not realizing the benefits anticipated from the
workers’ compensation system they agreed upon in return for relinquishing their common law rights.
The injured worker does not have the ability or the money to challenge these violations, so carrier abuses keep increasing. The
majority of injured employees find that they are unable to return to work after their injury. They are forced to rely on social security
disability, food stamps, public assistance, or aid to families with dependent children in order to surviv People of conscience must
stand up and unite under a common banner to stop “injucide”, the relentless, uncontrolled, outrageous abuse of injured
employees. The unscrupulous strategies practiced by insurance carriers and their powerful defense attorneys are not only causing
the rise in the cost of workers’ compensation but are also making it very difficult for the few health care providers and plaintiff
attorneys to help injured employees to not only receive indemnity and health care benefits but also to safely return to work and
become productive employees.
CIW has been on the forefront fighting for the human rights of injured employees by educating and training them so they can
effectively navigate the complex workers' compensation system. CIW has conducted Town Hall Meetings, seminars, conferences
(such as the Occupational Disabilities Guidelines (ODG) Conference) to educate health care providers and participates in the
TDI/DWC Stakeholder meetings. But that is not enough. Texas needs a Statewide grass roots advocacy in order to influence and
elect Legislators who will enact a Workers’ Compensation Act that will be fair and cost effective. This can be done by holding each
party liable and responsible for their duty to deal fairly and in good faith with injured employees in the processing and payment of
claims and providing reasonable expedient health care benefits so injured employee can safely return to work..
CIW is the cradle of hope for the injured employee. CIW does not assist or represent an injured employee under the provisions of
Texas Labor Code §401.011(37) and §410.006(a) and/or 28 Texas Administrative Code §150.3(a)(3). Instead, CIW acts on behalf
of a claimant as permitted by TDI/DWC and OIEC because the Texas Labor Code only provides the Division with monitoring of
representatives, not persons acting on behalf of claimants. CIW provides fee-based education and training on the rudiments of
workers' compensation so injured employees can make informed decisions as they fight to preserve their workers' compensation
benefits. CIW and an injured employee enter into a contract through the use of a sworn specific power of attorney under the
provisions of the Texas Government Code §552.023(a) and the Texas Labor Code §402.084(b)(1).
Carolyn Arambula, who is the Executive Director, and John Arambula, who is CIW's Board President, do not receive a salary or fee
or remuneration directly or indirectly from any fee (tax deductible charitable contribution) CIW receives from an injured employee.
CIW, as a nonprofit organization, does not by law distribute revenue to its owners. Any revenue retained by a nonprofit is used to
propagate the purpose of the organization.
CIW's goal is to be able to attract sufficient tax deductible charitable contributions so it can provide free education and training to
injured employees so they will not become victims to the system that is supposed to help them. To help CIW achieve this goal,
please send generous charitable contributions which are tax-deductible to CIW, P.O. Box 691494, San Antonio, TX 78269-1494 or
click on the PayPal "VISA, MC" Donate icon and you’ll be guided on how to send your charitable contribution. For more information,
contact Carolyn Arambula, Executive Director, at 210-995-4430.
| CIW |
STOP Injucide, page 2