by INFORUM
Forum editorial: Might be legal, but it’s wrong
July 20, 2010 at 7:00 pm in INFORUM
Workforce Safety and Insurance’s denial of a claim from a Gilby, N.D., woman might be legal, but it’s nevertheless wrong.
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Forum editorial: Might be legal, but it’s wrong
5 Comments
Apparently WSI is more interested in profit than serving the workers. More and more in this country our legal system is no longer a justice system.
Well-loved. Like or Dislike:
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The WSI ruling is wrong in this case, even with the current law. It is wrong because they are doing what they like to do, make their decision, and hide behind the law and make the discussion about the wrong part of the law.
In the definition of “Compensable injury” WSI wants to hide behind the mental injury part of the law, but a compensable injury is also defined as: “(5) An injury caused by the willful act of a third person directed against an
employee because of the employee’s employment.”
The injury was clearly caused by the willful act of a third person, and it was clearly because of the employee’s employment. Hence it is covered by definition.
In the part of what is not covered. It says mental injury from mental stimulus. The stimulus was not just mental, there was physical stimulus as well, so it does not fit the definition of those things not included in the definition but it clearly fits one of the definitions of what is covered.
It’s just one more example of WSI doing what the bosses, not the legislature per se, are expecting WSI to do, deny any and all claims they possibly can.
If one got a decent hearing or judge, one should win this, if you are sharp enough to point out that the definition WSI is talking about is not the only definition and is actually not the correct one to use in this case.
Well-loved. Like or Dislike:
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Sounds like it is not a WSI issue but rather a legislative issue – laws are written by others but followed by many agencies – and yes they DO have to follow what is written and how it is written.
IF the people of North Dakota truly believe this should be covered….. start making telephone calls to those that represent you and can actually make changes in how laws are written and what formats need to be changed so that coverage can be obtained.
Most people, unless they have experienced it, deny the devastation that PTSD or depression or any myriad of mental health issues can cause.
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The blame should fall on the thug who robbed the bank.
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Well put, Forum.
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