CMS Fights Workers’ Compensation FOIA Request
by Amanda Griffin-Johnson In December, the Menard Correctional Center became infamous after theBelleville News-Democrat revealed almost $10 million in workers’ compensation paid out to more than half the staff of the facility. The high incident of workers’ compensation claims have prompted multiple investigations at the federal and state level, and the increased scrutiny of the claims has resulted in...
by Amanda Griffin-Johnson
In December, the Menard Correctional Center became infamous after theBelleville News-Democrat revealed almost $10 million in workers’ compensation paid out to more than half the staff of the facility. The high incident of workers’ compensation claims have prompted multiple investigations at the federal and state level, and the increased scrutiny of the claims has resulted in the paid administrative leave of two state arbitrators for the last three months. One of those arbitrators received a $48,790 workers’ compensation award for “delayed onset carpal tunnel syndrome he said was brought on by a fall on the steps of a workers’ compensation hearing office.”
Now the Belleville News-Democrat is trying to obtain more information related to the workers’ compensation claims related to the Menard Correctional Center, but the state agency charged with processing the claims is fighting the release of the information. The Belleville News-Democrat reports:
A state agency has hired a prestigious Chicago law firm at taxpayers’ expense to assist in its appeal of an attorney general’s order to release information related to millions of dollars in settlements paid to Menard prison guards for injuries they say were caused by operating heavy cell locking mechanisms.The state Central Management Services, which processes Illinois’ Workers’ Compensation claims, filed suit Monday in Cook County Circuit Court seeking to deny a request for the records from the Belleville News-Democrat, contending the agency is an insurance pool and therefore allowed to withhold the information as proprietary.
Also on Monday, state Rep. Dwight Kay, R-Glen Carbon, introduced House Resolution 405 in an effort to get the legislature to order CMS to turn over the records.
“CMS is not authorized to play by its own rules and make their own laws as they so choose,” Kay said. “This is all monkey business. This is simply foot-dragging and they are trying to say it is OK.”
The medical information, which the Illinois attorney general’s office has ordered released, consists of 50 nerve-conduction velocity tests with all personal identifiers removed and randomly selected from a pool of more than 200 such specialized exams. The tests are a keystone of workers’ compensation claims and settlements for repetitive trauma made by about 230 Menard prison guards and other employees since Jan. 1, 2008. The settlements, ranging from about $20,000 to $150,000, are paid by taxpayers.
The full article from the Belleville News-Democrat is available here. If you are interested learning more about how to submit a Freedom of Information Act request, check out our directory of FOIA officers andsample FOIA letter.