How much more illegal activity will North Dakotans have to put up with from the state workers compensation agency before someone steps in to provide proper oversight?
A story in the Sunday edition of The Forum outlined the latest, perhaps most grievous episode of foul play at the state Workforce Safety and Insurance (WSI) agency. Apparently, the agency’s top managers have been pressuring the medical director and another staff member to alter records in a way that would allow the agency to avoid paying claims to injured workers.
Not only is that despicable, it’s also a felony to tamper with public records.
And, unfortunately, it’s par for the course.
Five years ago, Jim Long, WSI’s head of support services, was fired after blowing the whistle on illegal activities within the agency. More recently, former WSI director Sandy Blunt was convicted of a felony after misspending agency money. And now top managers have been accused of pressuring employees to lie, cheat and steal from hard-working folks who rely on the agency to provide fair compensation for workplace injuries.
The worst part is that this nightmare will continue unless North Dakota residents demand that our elected officials put a stop to it. Already, state Attorney General Wayne Stenehjem and Burleigh County Attorney Richard Riha have abdicated authority in the matter. Stenehjem’s office claims it doesn’t have jurisdiction to investigate, and Riha says he has seen no evidence of a crime.
Both of them should take a closer look.
Last week, the Great Plains Examiner obtained a list of alterations that were made on claim records, and six of them showed information was removed without explanation. One of the records was altered to remove a notation from a medical expert or claims representative that says “claim is compensable and will be accepted.”
On top of that, The Forum published the contents of a letter written by WSI’s medical director Dr. Luis Vilella to the state Board of Medical Examiners in which Vilella noted that he was concerned his medical license would be in jeopardy if he complied with a WSI policy that he feared would require him to write “false, fraudulent, or deceptive” statements on the agency’s behalf.
The Forum also published statements from WSI employee Barbara Frohlich, who said she had been asked by her supervisor to delete a computer notepad record from a claim file. In North Dakota, claim files are public records, although some private information may be redacted.
Someone with authority and fortitude needs to investigate these allegations of corruption before WSI has a chance to retaliate against two brave public servants who stepped forward to do the right thing.
Neither Frohlich or Vilella wanted to become whistleblowers. Vilella said he never intended for his letter to the Board of Medical Examiners to become public. Frohlich called the agency’s fraud hotline and talked to higher-ups privately in the futile hope that the problem would be solved internally.
When the system failed them, they went public. They did so with hopes that right would prevail over wrong. And they did it even though they knew their jobs would be on the line.
Now it’s up to all of us to make sure Frohlich and Vilella don’t suffer the same fate as Long, who was fired after he ratted out Blunt for misspending money, misusing sick leave, nepotism and deliberate circumvention of open records law. And it wasn’t just Long; three other employees involved in the matter were fired after seeking whistleblower protection.
So it’s not difficult to imagine that WSI Director Brian Klipfel will retaliate against Vilella and Frohlich if given an opportunity. Already, Klipfel has said he was disappointed in Frohlich’s decision to report the matter to authorities and what he called “unfounded accusations.”
Expect Klipfel and his cohorts to smear Vilella and Frohlich with as much mud as they can dig up. That’s the usual routine. And it worked the last time someone alterted the public about corrupt practices at WSI.
The big question is whether we’ll stand aside and allow it to happen again or demand that our elected leaders put a stop to the perpetual corruption at WSI. For Vilella and Frohlich’s sakes, I hope North Dakotans say enough is enough.
-Matt Bunk is publisher of the Great Plains Examiner.
i was injured at work over 4 years ago at work. I have had one of the doctors that injured workers go to out right lie onhis letter to wsi. ive seen this letter because im appealing what they havein mindfor me. i wanted to switch doctors but was told that wasnt possible..Did a little research..told them to send me a c6 fourm..change of doctor..isnt it there job to let u know thesethings..also asked for note pad entries..but they werent sent…i could go on and on..I have had plenty of surgeys and other medical problems because of injuries…i wish they all could walk in my shoes just one day to see what its like..I have a big battle to fight and dont know what to really do..Since the time of my injury its been hard one my family..But to the point i wasnt surprised by what is going on at wsi…ive even heard from a theripist i had that 12av. occupationa medicine is in wsi back pocket..i hope they do alot more digging in to whats going on in bismarck,,
Don’t hold your breath, Matt. The last time this happened, the state spent $300,000 on two fake reviews commissioned by the Governor’s office and his minions. How were these ‘independent’ audits conducted? With direct oversight (interference) by WSI. Our then-Governor wasn’t stupid. This couldn’t have been an accident.
Watch. It will go nowhere fast. Let’s be real. Klipfel came from the Highway Patrol. The same entity that was allegedly directed to do nothing more than a file review of the whistleblower firings, no investigation into possible crimes or the allegations made by the whistleblowers themselves. Who investigated those? WSI.