Legislation Introduced to Eliminate 90 Day Panel Requirement is Bad For Injured Workers

State Representative Chad Reichard has introduced legislation, House Bill 1998, to eliminate the 90-day limit on panel provision with the Workers’ Compensation statute. This legislation is NOT a benefit to injured workers. It is a detriment to injured workers and a win for businesses. The legislation simply removes the 90 day limit, which means injured workers would be stuck with treating on the employer’s panel list indefinitely.

Rep. Reichard’s statement in support of the legislation says that “we have seen time and again the benefits of injured workers staying with the same doctors throughout their road to recovery.” This is just plain wrong. Often times, injured workers get little care or support from panel providers. Time and time again, I see injured workers treat for the first 90 days with a panel provider, and they receive very little treatment, care, or understanding. Likewise, their recovery is much longer because the panel doctors solely try and keep costs down, rather than determine what the real medical condition is and appropriate treatment for the injury.  I have had thousands of injured workers that can attest to poor medical care by panel providers.

The article explicitly says “the legislation is expected to lower costs for employers by reducing claim costs.” Exactly. It is about saving businesses money at the expense of those injured at work. It will worsen medical care. Injured workers would be at the mercy of panel doctors who benefit from businesses sending them business by placing them on the panel list. How do they stay on the panel list? By controlling costs and denying injured workers the treatment they need to recover. Not only that, but often times, panel providers do not order tests to determine the extent of injury, causing more harm and longer recoveries for injured workers.  Injured workers face financial hardships and deal with physical pain and mental anguish, that all takes a devastating emotional toll on them and their families.  Now, we want to restrict their right to medical care?  This is just plain wrong.

The legislation would accomplish nothing more than taking away personal choice for medical treatment for injured workers. It is amazing to me that anyone would want to restrict an individual’s right to choose their medical care. Perhaps the legislators should have their choices restricted to. It is only fair. To put it bluntly, this is an attack on hard working Pennsylvanians. I encourage all hard working Pennsylvanians to contact your state legislators to oppose this legislation. Obviously, when drafting the legislation, there was no sharing of conversations with injured workers, you know, those impacted by medical care choices.

Mark Buterbaugh

Attorney representing injured workers and Social Security Disability clients in Pennsylvania and Maryland.