Dr. Franklin,

It has come to our attention that the citizens of the State of Washington are being unjustly dealt with by the medical profession of the state. Specifically what is happening is that when an individual is seen by their personal Dr. or at an ER facility, for medical reasons coming from their place of employment, that the Attending Physician is unaware of how the filing and system of the Industrial Insurance Act works. They either do not file a claim, or informs the worker that they do not "deal with" workers comp claims.

As an example of both of these statements:

1. Claim ID #Y260258 - The Neurologists wrote to the AP "I told him that it is clearly possible that the repetitive activity at work is in part etiologically related to his hand symptoms", yet when asked to document that to the Dept. of L&I grumbled to the claimant "why can't I just be a Dr. and not a Lawyer". This Drs' billing was sent to the claimant even though the Dept. of L&I Claim Manager had authorized the diagnosis by the Neurologists (RCW 51.28.020(b) "...without charge to the worker..."). The Attorney Generals Office, in writing, asked the Dr. to write his determinations when this was going before the Board of Industrial Insurance Appeals and to our knowledge this was never followed through on. With the same Claim the Podiatrist attending to the claimants feet wrote in the patient file "...It seems that on a more probable basis than not, his symptoms are related to his work being that he has no discomfort when not working...". When this Dr. was subpoenaed for the case before the Board of Industrial Insurance Appeals the Drs' Attorney attempted to quash the subpoena and to require that the claimant pay the Dr. "expert witness fees" if he were to testify. This is not aiding the claimant as legislated in RCW 51.28.020 (Worker's application for compensation -- Physician to aid in).

2. Claim ID #X498145 - The Claimants personal Physician diagnosed and had the Claimant go for MRI testing and given Stellar Ganglion Blocks due to complications to the work related injury, yet when asked by the claimant if she, the Dr., had noted anything in the file and submitted to the Dept. of L&I, her reply was that her corporate billing would not allow her to get involved in any work related injury treatment so therefore it would remain off the record as relating to the claim ((RCW 51.28.020) Worker's application for compensation -- Physician to aid in).

3. Claim ID #X158735 - The Claimant was taken to the ER by the paramedics on Dec. 25, 2003, from her place of work, due to an anaflactic shock to food eaten during "lunch" that was left over from the employee "potluck" of the day before. The Attending Physician of the ER told the patient that the incident would not be filed as work related. Clearly under the Personal Comfort Doctrine and significant decisions by the Board of Industrial Insurance Appeals (http://www.biia.wa.gov/course.htm) it is evident that this should be not only filed as a claim, but that the Physician should be aware that he is to aid in the worker receiving full benefits under Title 51((RCW 51.28.020) Worker's application for compensation -- Physician to aid in). The Claimants Husband has contacted the Hospital Billing, as well as the Physicians Billing, and they are awaiting the Hospital, to this date, to file the claim when the L&I billing officer at the Hospital has admitted that this should have been filed as a work related claim by the Dr.

What we are asking of you is to send a letter to the Medical Professionals of the State of Washington informing them that:

1. If an individual is to come to them from that individuals place of employment, then they, the Dr., should file an Industrial Insurance Claim and it is up to the Dept. of L&I to determine if it is work related for further benefit eligibility.

2. If the patient is seen by their Dr., and the Physician is aware that it is a work related need, that they, the Dr., are to follow the statues of the RCW 51 and aid in that patient receiving full benefits or that their practice may be investigated for failure to follow the State Laws and their code of ethics as Medical Professionals.

We would prefer an educating and training of the Professions involved rather than it result in a need for litigation due to neglect and disregard for a workers legislated benefits and needs. Thank you for your time in this matter,

Kirt Gardiner

Exec. Dir. - Citizens Representing Citizens