Thursday, Sept. 30, 2004 | 8:53 a.m.
CARSON CITY -- Private attorneys representing injured workers who are seeking more benefits have a better record than state lawyers, an executive audit said Wednesday.
The state Division of Internal Audits reported that 63.1 percent of clients of private attorneys won their cases in the administrative appeals process. That compares with 56.7 percent of the cases handled by the state attorney for injured workers.
Auditor Bill Prowse said that translates into $2.3 million a year in additional benefits to the injured workers who hire private lawyers to process their claims.
The cases used in the audit were those before state administrative or state appeals officers.
The report was presented to the Executive Branch Audit Committee headed by Gov. Kenny Guinn.
But Prowse, under questioning by Guinn, said, "I would not go to a private attorney." He said the staff in the state agency is very competent.
The governor said the Nevada system of supplying attorneys for injured workers was the only one in the nation.
Part of the reason for the better success of private attorneys is that the lawyers from the state handle an average of about 100 open cases compared to 60 cases for the attorneys in private practice.
The audit said, "One reason why private attorneys win more often is they choose cases they are more likely to win, while Nevada Attorney for Injured Workers accepts all injured worker cases."
The audit recommended the agency be able to hire an additional two legal research assistants, which the agency believes will enable it to win an additional ten percent of its cases.
Nancy Ann Leeder, head of the agency of lawyers, told the executive committee that her staff this year won 19 cases and didn't lose any in the district court and won all nine of the appeals to the Nevada Supreme Court.
Leeder said a number of the cases are not about money but concern such things as the injured worker wanting to change doctors or to have additional tests.
Guinn said he was concerned about the time it takes to process the claims of an injured worker who must wait for a decision before getting relief. The biggest complaint he said he receives is that the state office in Las Vegas does not hold hearings or appeals on Friday.
Leeder told the governor that most of the cases in Las Vegas are handled in six to seven months. But she said she has three cases that have dragged on for more than two years.
Guinn ordered the auditors to find out the time it takes to complete cases.
Guinn wondered if the system of having the state handle the appeals was a good one. Leeder said other states are looking at Nevada's system, but she said the trial lawyers in those states are opposed to having a state agency representing the injured worker.
Nevada's system was established in 1977 when there were not many trial lawyers in Nevada, she said.
The audit division also looked at the energy assistance program operated by the state Welfare Division to help low income families pay their power and gas heating and air conditioning bill.
The division estimated there are about 150,000 households that may qualify for this assistance but the division provided help to about 16,500 homeowners.
The audit said some assistance ranged up to $4,000 for individual households. It recommended that a limit be put on the grant so other families could be served. The minimum grant now is $180. The audit said other states provide between $200 and $1,800 yearly to a family in energy assistance.
The auditors also said putting the limit on the grant would lead to energy conservation.
An audit of the state public defender's office recommended a task force be created to determine if indigent criminal suspects are getting consistent legal help. The state office represents criminal defendants in eight counties. Clark and Washoe counties have their own public defenders offices and the rest of the rural counties contract with private lawyers to defend those accused of a crime.
The audit said, "Without statewide oversight of public defense services, there is no guarantee defendants receive a consistent minimum level of public defense services. It said "rural counties, which contract with public defense services, may experience a limited pool of qualified attorneys with skills in criminal law or trial experience."
The task force would establish minimum qualifications for public defenders and develop standards on the caseload of the public defenders.
archive
