Pay Attention to the Worksheets Agencies Send!

[Melanie C. Hines]

I accepted a workers' comp job yesterday.  When the worksheet came to me, it had the following note on it: 

"REPORTER - Farmers does not pay more for WC. Pay is normal; no per diem."

So I emailed the agency and asked the following: 

"Could you explain the pay on this job? I noticed that there was a note to the reporter that Farmers doesn't pay extra for workers' comp."

The response was:  "Farmers doesn’t pay for an O&2 on worker’s comp jobs…just an O&1."

Needless to say, I emailed back to take me off the job.

[Marge Teilhaber (TILE hobber)]

Good for you.  I'd have done the same thing.   So, IOW, there's a copy sale and Farmers won't pay for it?

[kathy - iamwrdsmth]

but the agency is charging??

or is this another version of "contracting?"

[Melanie C. Hines]

My assumption was they treat it as a regular depo, and the applicant's attorney has to order and pay for their own copy. Is this even legal?

[Marge Teilhaber (TILE hobber)]

When you say O&2, what does that mean?  Taking lawyer pays O&1.  So why is it referred to as O&2?

[Melanie C. Hines]

Because in workers' comp, the comp carrier for the defense pays for the applicant's depos.

[Melanie C. Hines]

That's why it's an automatic O&2.

[Melanie C. Hines]

Maybe the defense attorneys are just sending a copy to the applicant's attorney for free.

[Marge Teilhaber (TILE hobber)]

Oh, so an automatic free copy just like Superior Ct of NJ.   Whoever made these rules should be executed.

[kathy - iamwrdsmth]

I agree with you!!

Why do the agencies and law firms think we make TOO MUCH money?

Attys charge $300 hr.

[Janiece Young]

When they play tricks like this we adjust our O&1 rate to what an automatic O&2 rate would be.  I don't know about your insurance rates, but mine are not going down, so insurance companies are not making do with less.  Why should court reporters?  Our rates are based on us selling a copy most of the time.  If that is going to go away, we will have to change our rate structure.

[Marge Teilhaber (TILE hobber)]

So, Janiece, with opposing counsel not ordering and getting a "free copy," you're adding a copy sale to the O&1 rate for taking lawyer?  No one complains?  I wonder if NJ agencies have done that all these decades and ripped off the CRs.

[Janiece Young]

Hey, Marge, in that instance, no.  But in instances where people are blatantly cheating the reporter such as the SoCal stip and insurance agencies not agreeing to pay for the other side's copy in a work comp venue, our rates here are based on the model of most times we sell an O&2.  I think it is totally fair to raise your rate to an O&2.  If the rules of the game are being changed, we must change our rate structure.  We are in this to make a living.  That is my humble opinion.