Evening journal., 1921-09-22
GRANTLANn TALKS
OF COMPENSATION
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for claimants to engage such legal
talent as can successfully combat the
representatives of the employer or
insurance company. then the claim
ants rights are likely to be seriously
affected, unless the members of the
boards or commissions, whose duty
it is to pass judgment on the case,
intervene to bring out such facts as
are necessary for a proper presenta-
ton of the after at issue. On the
other hand. II the administrators or
the assistants take up the side of
the claimant, prepare the case and
help in its presentation, you have
gone a long way toward deciding the
matter beforehand, and such prac-
tice will undoubtedly cause a lack of
confidence in the administration of
the law on the part OF the general
public. In our Jurisdiction. few at
torneys (due, they say, to inability to
secure what they consider fair re-
Enumeration for services rendered)
have delved deeply enough into the
principles of workmen's compensa-
tion to be able to present the salient
points of a case; but come to the
secretary of the Industrial Accident
Board for information in their prep
aration of cases. In the last analysis.
there would seem to be but little diff
ference in the two methods OF pro-
cedure, except that in the first one
the claimant is not obliged to sac
rifice a portion of his compensation
for legal services. To be sure, there
is nothing in the law to prevent any
one from securing such counsel as
he may see fit, make their own finan-
ciai arrangement. and settle same
without the knowledge Of the board I;
but il asked for advice this practice
is discouraged, for very rarely are
the services of an attorney needed.
\ The hearing of a claim before our
board is more in the nature of an
| informal conference, surrounded by
all the legal steps made necessary
by the provisions of the law, court
procedure being kept in the back
ground as much as possible. The
employer, or his representative, the
injured employees and the members
of the board sit down at the confer
ence table and discuss the facts in
the case, and the law touching the
same and within a few days an
award is made. If this be bad prac-
tice, we can only say that it has
proved most satisfactory and would
ask to be informed if there is a bet
ter method of procedure.
5. Adjustment Of Medical. Surgica
and Hospital Fees as Part Of the Du.
ties of Administrative Boards.
Some one has said that a yer,
considerable portion of the energy
and time of the administrators o
workmen's compensation acts is con
sumed in the attempt to adjust thu
fees for physicians and hospitals.
This statement does not hold goo'
insofar as the jurisdiction we rep
resent is concerned as up to the
present no effort has been made tC
have such adjustments made save
through the good offices of the Sec.
retary of the Board. While there
has been discussion as to the righ
Of the employer to choose the ply
sician rather than TO have the EN-
ploye given the right to choose hi
own, the right of the employer s,
to do is generally recognized. Thii
means very largely the services o
, the contract physician Of the insur
ance company. On occasion wheI
. the employe is given the choice n
. is more likely to turn to his famil,
/ physician in preference to a sur
geon. Rather frequently exhorbitan
/ charges supplemented by padding o
number OF visits follow this choic
. with resultant controversy. AS 70
a various reasons an amicable rela
! uonship is desirable between tn
e medical profession and the admin
istrators of a composition law, tn