HoustonChronicle.com -- http://www.HoustonChronicle.com | Section: Business
Jan. 9, 2003, 1:51PM
Bill would let employers ask about past claims Bill to prevent workers' comp fraud raises alarm Associated Press
AUSTIN - A bill that would give companies more power to collect injury and workers' compensation information from job applicants and employees has labor groups fearing workers will be blacklisted and kept off the job.
The industry behind the bill, the International Association of Drilling Contractors, and the bill sponsor, Rep. Warren Chisum, R-Pampa, say the intent is to prevent worker's comp fraud. However, recent statistics show insurance carriers and health care providers are far more frequently cited for violations than workers.
Chisum said employers have a right to know about an applicant's workers' compensation history if it is relevant to the job.
For example, a person with multiple back injury claims should not be put on a job with heavy lifting, Chisum said. "I don't know how you can be against anybody knowing employment history in that area," he said.
Disclosure also would help prevent workers from trying to collect twice on the same injury, he said.
But according to statistics provided by the Texas Workers' Compensation Commission, insurance carriers and health care providers were cited for workers' comp violations 1,814 times in 2001, compared to just 59 times for workers and employers.
The Texas AFL-CIO and other labor interest groups worry companies would refuse to hire workers with claim histories, making it even harder to get back on the job. Union spokesman Ed Sills called the bill a "scarlet letter" for injured workers.
"It seems like an effort to weed out people who are seen as weak because they've been hurt before," Sills said.
Current law has tight protections on injury information in most cases, said Workers' Compensation Commission spokeswoman Linda McKee.
Under Chisum's bill, an employer would be allowed to ask an applicant to provide information on any injury, disability or other medical condition that directly relates to qualifications for the job.
Workers could be asked to disclose previous injuries and claims that paid benefits in Texas or any other state. They must answer truthfully or risk forfeiting their right to any future claims.
If requested, the bill would require the Workers' Compensation Commission to give companies information on an employee claim made in the past five years.
The bill also would give companies immunity from lawsuits if they used the information in deciding not to hire an applicant.
Bill Hedrick, manager of health and safety at Houston-based Rowan Companies, an offshore and land drilling contractor, said the bill is designed to reduce fraudulent claims and to collect information on injuries and claims relevant to doing a particular job.
"This is about honest disclosure where common sense enters the equation," Hedrick said. "No one's on a witch hunt to obtain someone's complete medical history."
Labor groups question whether the bill would violate the Americans with Disabilities Act or other medical privacy protections.
Hedrick says it wouldn't, noting that Chisum's bill is similar to laws in Louisiana and maritime law, which govern injuries on vessels such as oil rigs.
"This is not something new," he said.
Dan Lambe, executive director of the consumer group Texas Watch, called the bill a step backward for employee rights.
"Companies could blacklist workers based on any past medical history without any fear of accountability or responsibility or punishment," Lambe said.