Tuesday, November 26, 2024

IDOC defends drug tests, reveals 414 workers' comp claims have been filed 'relating to exposure to a chemical substance,' many by the same lawyer

* Remember this?...


The story was also about claims that drugs are being sent through the mail and about growing demands that the Illinois Department of Corrections start electronically scanning mail and sending images of that mail to prisoners, even though that hasn't really done much about the prison drug problems in other states.

* Anyway, I reached out to IDOC about the failure rate and here's what they sent...

The statistics for the IDOC tests are dramatically different than the reports from New York. IDOC has facilities that use the Detectachem test kits, the Sirchie Nark II test kits, and/or SwabTek test kits. ISP believes these tests are suitable for DOC to use as a preliminary step to detect and identify potential illegal drugs. All positive tests are considered preliminary positives, and the results are sent to the ISP lab for independent testing. 

In total (all scheduled drugs) this year, IDOC has submitted and received results back from ISP for 323 items that tested positive when using the tests at the facilities. Of those 323 preliminary positives, 235 (72.5%) were confirmed positive by ISP and 88 (27.25%) returned negative results. It is our understanding from detailed discussions with ISP that given the significant challenges in testing in this area, a 72.5% confirmation rate for positive results is a good rate that supports the continued use of these test kits. 

The drug test kits are a tool but not reliable for a full identification, which is why results are considered preliminary and are sent to ISP for confirmation. The three test kit groups listed below (Sirchie NARK II, Detectachem and SwabTek) all work on the basis of a chemical reaction and an observed color change. This is why the process considers on-site testing preliminary and conducts further testing. 

This can be subjective. 

Given the prevalence of fentanyl and synthetic cannabinoids in the prison system across the United States it presents a challenge for the use of test kits.  These are some of the more challenging drugs to screen with reagent color changes, especially given the sheer number of compounds available. It is all the more challenging given the lack of control status for many of the substances. The ISP laboratory performs a general screening on these types of submissions and does not take results of field testing into consideration to prevent bias in the analytical process

* At the end of the email, the IDOC spokesperson justified the move to mail scanning by pointing to the huge number of workers' comp claims filed... 

IDOC must address the mail in an effort to stop the increase in workers’ comp cases. As of now, CMS has received 414 workers’ compensation claims [as of last week] from IDOC employees relating to exposure to a chemical substance.

According to the governor's office, 102 cases have advanced to the Workers’ Comp Commission and all of those workers are being represented by attorney Tom Rich.  

* You might remember Mr. Rich.  This is from 2012... 

Some Illinois prison guards who received workers’ compensation settlements had only mild carpal tunnel syndrome in their wrists or similar elbow injuries and might not have needed surgery, according to a newspaper investigation.  

Guards at the Menard Correctional Center have filed about 230 repetitive trauma cases that resulted in more than $10 million in partial disability settlements since January 2008. They claimed their injuries were from locking and unlocking cell doors and were awarded between $20,000 and $80,000 each. The surgery that guards had was a factor in how much money was awarded. 

The Belleville News-Democrat reported that it asked two neurologists to review diagnostic nerve testing results for 50 of the guards that it obtained through a Freedom of Information Act request. 

The neurologists concluded that of those cases, 80 percent to 85 percent were mild and likely could have been treated without surgery. They cautioned, however, that without examining the patients, their conclusions would not be up to medical standards. [...] 

Attorney Tom Rich, who handled many of the 230 claims, said many of his clients were “horribly injured” by repeatedly operating locks but returned to work after surgery and received settlements. The newspaper said he declined to comment for the article.

Time is a flat circle.

7 comments:

  1. Nothing ever changes in IL workers’ comp. Might be time for the legislature to look at some more amendments to increase PPD payouts for nonsense like this. I hear there are petitioner attorneys who still don’t own a boat!

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  2. Ambulance chasers gonna ambulance chase.

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  3. Thought of the bangin' on cell doors scam as soon as I saw the headline. It was a wonderful little scam til sniffed by AG. Wonderin' where this is headed.

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  4. Occasionally ModeratedNovember 26, 2024 at 12:53 PM

    "It's cheaper to just settle than defend it".

    Cheaper short term. Squash the frivolous stuff and it will get better. Every time you put money in the hand of an attorney he will keep coming back.

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  5. This is pretty much par for the course with IL Work Comp. Payouts for minor injuries. The real problem is the treating physicians who go along with the demands of the Petitioner's attorney. It is a symbiotic relationship. Until the usual physician groups are investigated, this will go on for years and years to come. Based on the current makeup of this Industrial Commission, Respondents have no shot. It surprises me that IL Chamber of Commerce and other business orgs don't lobby harder for meaningful work comp legislative changes.

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  6. Its also not like this workers comp system hasn't been used for fraud in the past: https://www.cbsnews.com/chicago/news/official-menard-prison-guards-committed-10-million-worth-of-fraud/

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  7. =According to the governor's office, 102 cases have advanced to the Workers’ Comp Commission and all of those workers are being represented by attorney Tom Rich.=

    this is very common with police, firefighters, and other local bargaining units. Usually one lawyer has a great rep and they get the lions share of the WC work as all the employees talk among themselves.

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