California Injured Worker Community Anxiously Awaits Decision from Ninth Circuit

Nurse Barb Clark files her appellant brief claiming that private claims adjusters should be considered deputies of the state when deciding utilization review issues.

SAN FRANCISCO, CA (PRWEB) November 28, 2006 -- In what could be a landmark case, Barbara Clark filed her appellant brief before the Ninth Circuit Court of Appeals claiming that an attorney and a private claims adjuster could be considered actors of the state (see in the case Clark vs. John Rea, docket no. 06-16333).

The case was dismissed in the lower U.S. district court serving Sacramento several months ago, when attorneys representing John Rea, the acting Director of Industrial Relations, claimed immunity from suit under the 11th Amendment to the U.S. Constitution.

"We are hopeful that the Ninth Circuit will balance state interests with those of injured workers fighting the workers' compensation bureaucracy," Clark said. "When an injured worker complains to the state with at least fifty letters, it is difficult for me to see how the state can deny culpability in the alleged misconduct of claims adjusters," she continued.

Two other defendants, Dennis J. Hershewe an attorney from Chatsworth and Carol Pope a claims adjuster from Roseville, claimed they were acting in a private capacity when they denied Clark her medical claims for spinal surgery. Clark claims the two failed to follow statutory procedures for utilization review created by S.B. 228 (Alarcon).

"The state is relying on administrative penalties to enforce utilization review standards. I just don't think that is an effective tool against those parties that outside the scope of their claims handling duties," commented Larry Nign, an activist for workers' compensation issues.

For more information see: www.BarbClark.org , www.MyStateFundStory.com , www.AlmostBroken.com

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