Who really holds the power in WC claims?

The injured worker?  The judges/commissioners?  The insurance carriers?  The employer?

Depending on which chair you're sitting in, you'll likely have a different answer.  Most times, your answer is someone other than yourself.  Stop putting the power into someone else's hands!  Whether intentionally or not, if you believe you have little or no control over the outcome of a claim (or any situation, for that matter) you relinquish your share of the “power-pie” to someone else. Stop!

Think about the ubiquitous day-time attorney commercials.  They are based upon the assumption that the insurance companies possess all of the power.  What about the employer's perception that the injured worker has all of the power?  Don't these two positions seem at odds with each other? 

Some additional thoughts on perception...

Even a watched pot eventually starts to boil.

If you say you don't have modified duty work, then you don't have modified duty work, and probably never will, since you will stop looking for opportunities and never revisit the idea again.  However, if you keep your mind and eyes open, there's a good chance you'll find what you're looking for. 

You can't control what happens to you, you can only control how you react to it. 

Aside from avoidance, there is not a risk control technique that will completely eliminate any and all chances of an accident occurring.  That is not to say that you throw in the towel.  One thing that you can do is prevent needless days of disability from occurring by having a proactive RTW program. 

The ride is much smoother when all four tires are properly inflated. 

Employers and injured workers have certain responsibilities after a loss occurs.  One of the employer's responsibilities after a loss is to evaluate the availability of modified duty work.  The injured worker has a responsibility to look for work within his/her restrictions, and to accept a reasonable job offer.  A claim goes much smoother when everyone does what they're supposed to do.

So, forget about the "power struggle" in workers' compensation claims and focus on what you can do to help your injured workers heal faster, return to their regular duties faster, and put your business and your employees in the best position to move forward after a loss.