Examiners and Lawyers
The majority of examiners are lay people. For many years attempts have been made by some representatives of the Bar, in various states, to have legislative action taken, classifying the work of a claims examiner as an unauthorized practice of the law and therefore to be done only by attorneys. The fact is that the respective authority of the lay person and the attorney in the area of Workmen's Compensation is fairly well understood and there are no reasons for any abuses to exist or skirmishes to develop. The state Workmen's Compensation laws define the spheres of operations in the practice of Workmen's Compensation.
It is obvious that a lay examiner cannot practice law even though he may find himself at times engaged in what could be considered as pseudo-legal activities. He does have the right to investigate the claim, interview the parties involved, to get information, arrange for medical examinations of the claimant, and see witnesses.
Responsibility
The success of an attorney largely depends upon his willingness to recognize and accept responsibility. He must have the ability to recognize a claim problem if it exists, weigh and list the statutory and decisional legal alternatives, and then have the courage to make a decision and take the responsibility.
Many times, rejecting a claim is the easiest thing to do in a compensation case. In this way, the responsibility of representing the assured and the company is passed over to the hearing attorney, and the responsibility for making the decision is passed over to the referee of commissioner. This type of examiner feels that he cannot be criticized for having acted in the manner of an alleged unyielding and tough claims man. Actually, this type of behavior blankets his unwillingness to undertake responsibility. He plays safe and reflects a lack of confidence, a lack of ability to act independently or take a calculated risk.
However, an attorney must also be able to reject a claim after he knows the issues and facts and after he has researched the legal questions, even if the position be unpopular.
Lawyers must be Effective Communicators
For an examiner to be worth his salt he must have the ability to communicate properly, both orally and written, with those with whom he works, with the claimant, the doctor, the lawyer, administrative agency, his own supervisor and management. It is shocking how many people fail to properly communicate their thoughts, desires, decisions, requests, even though these functions are an integral part of their job and of their daily activities.
It is obvious that a lay examiner cannot practice law even though he may find himself at times engaged in what could be considered as pseudo-legal activities. He does have the right to investigate the claim, interview the parties involved, to get information, arrange for medical examinations of the claimant, and see witnesses.
Responsibility
The success of an attorney largely depends upon his willingness to recognize and accept responsibility. He must have the ability to recognize a claim problem if it exists, weigh and list the statutory and decisional legal alternatives, and then have the courage to make a decision and take the responsibility.
Many times, rejecting a claim is the easiest thing to do in a compensation case. In this way, the responsibility of representing the assured and the company is passed over to the hearing attorney, and the responsibility for making the decision is passed over to the referee of commissioner. This type of examiner feels that he cannot be criticized for having acted in the manner of an alleged unyielding and tough claims man. Actually, this type of behavior blankets his unwillingness to undertake responsibility. He plays safe and reflects a lack of confidence, a lack of ability to act independently or take a calculated risk.
However, an attorney must also be able to reject a claim after he knows the issues and facts and after he has researched the legal questions, even if the position be unpopular.
Lawyers must be Effective Communicators
For an examiner to be worth his salt he must have the ability to communicate properly, both orally and written, with those with whom he works, with the claimant, the doctor, the lawyer, administrative agency, his own supervisor and management. It is shocking how many people fail to properly communicate their thoughts, desires, decisions, requests, even though these functions are an integral part of their job and of their daily activities.
