Workers' Comp payment

[Debbie Taggart]

Can someone explain to me how worker's comp depos are charged?  I'm not asking for page prices.  I'm just wondering what the rule is about the party for the insurance company paying for the O & 2 with one of those copies going to the applicant.  That's the way I've seen it and been paid for years.  Now I'm noticing that some firms are only paying me for an O & 1cc for workers' comp. 

[Patricia Babits]

Hey, I like in Cotati also. Small world!

Defense pays for the applicant's copy, so they pay for the O & 2. I can't state a rule or code for that practice, though.

I've seen a couple of agencies paying a flat fee for WC jobs recently, instead of paying a page rate.

If they are paying you an O & 1, I would think they're not giving you any of that copy money.

[Cynthia Dunbar]

Here's what I understand.  WCAB page rates are, in general, noticeably higher than the standard page rate.  The reason for this is that WCAB is an automatic O&2 as opposed to an automatic O&1.  So the page rate is taking that into account.  No one really makes much money off of that second copy because it is required by the Labor Code (at least in California).  So I view it that I'm somewhat lucky to get any extra money at all via the higher page rate.  Just make sure you get a higher page rate for WCAB.  I can see where attorneys would find it presumptuous for reporters to cash in on a copy order required by the Labor Code.

It's Labor Code 5710 (b) Where the employer or insurance carrier requests a deposition to be taken of an injured employee, or any person claiming benefits as a dependent of an injured employee, the deponent is entitled to receive in addition to all other benefits: (3) A copy of the transcript of the deposition, without cost.

[Debbie Taggart]

Thank you, Cynthia.  That's exactly what I was looking for was some code requirement, but had no idea where to look.  So the way I read that code, it's not required to sell two copies of the transcript.  It's been done that way, selling two copies, over the years because that's what they were getting:  two copies.  This business is so frustrating lately.  The big firms seem to be making deals, reaping the rewards and cutting us out of it.  I guess I'll do what I have been doing and not working for those firms who aren't paying fairly, but that's really starting to limit who I can work for. 

[Rosalie DeLeonardis]

Debbie, I think one way around getting paid for just an 0&1 is asking the applicant's attorney if he would like a copy on the record.  I have never asked in a WC case unless there were three attorneys present because it's always been an 0&2, but I may have to start now if things are changing.

[Debbie Taggart]

Could try that.  But I specifically put on my job sheets O&2 for the Ins. Co, with a notation to send one of those copies to the applicant.  Sounds to me like it's part of the Workers' Comp system, that the applicant gets a copy. But I feel more confident in this information now so that next time I only get paid an O&1cc for WC, I'll be able to confront the firm and ask them why no O & 2cc payment.

[Rosalie DeLeonardis]

Just out of curiosty, did you ask the agency why only 0&1?  I know sometimes the person in billing at the agency will make a mistake, but once I bring it to their attention it's always corrected and I get paid for the additional copy.

[Debbie Taggart]

Not yet.  That was the reason for this post.  I wanted to make sure I knew what I was talking about before I asked about it.

[Deborah M.]

Debbie, I've done plenty of WC depos, and it's a higher rate, but not the same as an O+2 would normally be.  So say a PI is normally $3.50 (just picking a number of my hat) and an extra copy would be $1/page, a WC would be paid at $4 or $4.25/page.  Why don't you just ask the agency what their rate is for different types of jobs?

[Cynthia Dunbar]

You nailed it.  That's why I mentioned the higher rate when I cited the Labor Code.  It's the agency's way of keeping their business with attorneys who are bound by the state to give the applicant free transcripts - while throwing you "a bone," if you will, because you'll rarely see a copy order unless you have co-defense.  If you have co-defense, make sure you get paid for a copy since it's then an O&3 (or 4 or 5).

So the way to look at it is PI/Business (anything Superior Court) = automatic O&1 = page rate

WCAB = automatic O&2 = DIFFERENT/HIGHER page rate

I'm in SoCal where they stip for the original to go to the other side on a lot of PI and even business.  So, frankly, the WCAB O&2 with the higher rate can often be more lucrative for me than a Superior Court case that just ends up as an O&1.

[Judy]

I've been wondering kind of the same question.  My question is when my client is the Applicant's attorney, I'm supposed to bill him the O&1, and 1cc to the Employer's attorney, right?  Or am I supposed to bill an O&2 to the Employer's attorney even though the Applicant's attorney ordered me?  I have done so few of these in my career, but I now have a client that's an Applicant's attorney that's taking doctors' depositions.  I've been invoicing my client and he hasn't complained, but I do wonder if I'm doing it correctly.

But I will say that an agency that I cover work for, on the two or three WC depos they've sent me on, they have paid me for an O&2.  Knowing it's an automatic O&2 is the only reason I agree to go, since they're always so short.

[Rosalie DeLeonardis]

Judy, I've been doing workers' comp for a long time and the applicant is never charged.  Your client is probably sending a bill to the insurance company to be reimbursed.  I have never personally done the billing, but I know the agency bills the insurance company for the 0&2 (most agencies have the info to bill directly to the insurance company and bypass the defense attorney completely). 

[Judy]

Thanks for the info, Rosalie.  Maybe he's getting reimbursed by the insurance company, because he's cutting the checks from his account.