Playing The Workers’ Comp Waiting Game Amid The Cost Of "No"

I moderated a panel at the American Bar Association Mid-Winter Conference in New Orleans this past week. Our topic was concerning delays in treatment of compensable claims, with a look at the causes and consequences regarding both expense and outcomes for the industry.

The panelists were Florida Judge David Langham, Defense Attorney Mike Fish of Alabama, and Claimant’s Attorney Robert Nelson of Illinois.

It was fairly clear that for many injured workers, the workers’ compensation waiting game is a long and arduous one. Especially once their case becomes litigated.

One of the most extensive parts of the discussion came when the time it takes for a judge’s opinion to be rendered was brought up. In some jurisdictions, the wait is not that long.

In Florida, the expected time is within 30 days of a hearing. In Maryland, it is just two weeks. In Alabama, the decision has been known to be issued during the hearing, but that is not always the case. Other states, however, fare much worse when it comes to timely judicial opinions.