SACRAMENTO – Injured workers and their advocates, labor, consumer and medical leaders today opposed the insurance industry's unprecedented proposal to increase workers compensation premiums by 23%. At a news conference preceding a hearing to examine insurance companies' claims of increased "medical costs," the advocates said the insurance industry has misleadingly labeled the costs of denying and delaying medical care as "medical costs." The insurance industry's own data show that "cost controls" and "medical-legal" expenses doubled in recent years, while payments to physicians dropped by 40% from 2003 to 2007 (see accompanying charts)... read more

SAN FRANCISCO – California Applicants' Attorneys Association (CAAA) President Todd McFarren, whose members represent Californians injured at work, today opposed the insurance industry's proposal to increase workers compensation premiums by 24%. At a hearing called by the California Insurance Commissioner, McFarren noted that insurance premium rates continued to decline through the end of 2008, dropping to $2.25 per $100 of payroll. "This is the lowest rate in several decades, and is down over 65% from its peak of $6.45 at the end of 2003," said McFarren. ... read more

Injured Worker’s Family to Lose Temporary Disability: Insurance Carrier’s Delays of Medical Care to Put Sacramento Family Out in the Cold

An injured Sacramento operating engineer and advocates on his behalf have called a news conference to announce that due to insurance company delays in medical care, and the governor’s restrictions on Temporary Disability, he and his family are losing their Temporary Disability income during Christmas Week.

A motorcyclist hit Richard Chance at work and Richard was thrown 35 feet. Richard will detail his injuries, the delays in approving medical care, and the financial impacts on his family from being cut off of Temporary Disability this week.

WHAT: Protest the loss of temporary disability for injured worker
WHO: Injured Operating Engineer Richard Chance;
Sue Borg, Legislative Chair, CA. Applicants' Attorneys
Assoc. (CAAA)
VotersInjuredatWork
WHEN: Tuesday, December 23, 2008, 10:00 a.m.
WHERE: 1127-11th Street, 8th floor conference room, Sacramento
(print information)

Injured Workers, Advocates:
Governor Again Puts Insurance Companies
Ahead Of Disabled Workers
Latest delay will total 5 years of horror
for permanently disabled

SACRAMENTO - Injured workers and their advocates today said the Schwarzenegger Administration’s latest announced delay in restoring compensation to permanently disabled workers has again put insurance companies ahead of disabled workers. The administrative director of the Division of Workers Compensation announced recently that a new permanent disability ratings schedule, with a modest increase in compensation, would be delayed until July 2009....more

NATIONAL STUDY SHOWS INSURERS SHIFTING
WORKERS COMPENSATION COSTS ONTO TAXPAYERS
Cuts to injured workers’ compensation increases
Social Security, Disability and Welfare Costs

SACRAMENTO – A recent national study has found that California workers compensation insurance carriers have shifted millions of dollars in claim costs onto taxpayers. The study by the National Academy of Social Insurance (NASI) found that in 2006 (the last year for which complete data was available) California employers’ workers compensation costs dropped by 16.6%. This drop was caused by a sharp reduction in cash benefits paid to workers for temporary disability and permanent disability insurance payments...more

INJURED WORKERS’ DEATH TOLL MOUNTS: WIDOW SAYS SCIF’S “DELAYS AND DENIALS KILLED MY HUSBAND” While SCIF directors skimmed millions, they issued fatal denials of care

SACRAMENTO, CA – Desiree Baker, the widow of Joe Baker an injured welder and machinist who committed suicide in despair after fighting unsuccessfully to get the care needed to recover from his work injuries, told a news conference outside the State Compensation Insurance Fund (SCIF) today that “SCIF’s denials and delays killed my husband.” Ms. Baker, from Durham, near Chico, said, “SCIF’s delays in providing care drove my husband, Joe, to shoot himself in despair.” Ms. Baker blamed her husband’s suicide on repeated delays and denials in accepting Joe’s injury and authorizing needed medication, “It was SCIF’s denial of Joe’s treatment and his pain and sleep medications that eventually drove Joe to suicide.”...more

Governor vetoes AB 2081
Fails to Prohibit Fraud in Utilization Review and Limiting Classification of Employees as Officers and Directors of Closely Held Corporations

SACRAMENTO - Injured workers and their advocates today criticized the governor’s veto of AB 2081, authored by Assemblyman Joe Coto, Chair of the Assembly Insurance Committee, and sponsored by the California Applicants' Attorneys Association. AB 2081 prohibited kickbacks from a utilization review company to third party administrators (TPA) as an inducement to refer a workers' compensation claim for utilization review. This bill was in response to a California Attorney General lawsuit regarding fraudulent officers and directors. The measure was also based on information from the Workers ...more

Governor Refuses to Restore Compensation to Permanently Disabled Workers: Advocates Vow to Keep Fighting, Governor’s alternative is inadequate

Sacramento, CA - Injured workers and their advocates today criticized Governor Schwarzenegger’s veto of SB 1717 (Perata, D – Oakland), which would have restored compensation to permanently disabled workers. The injured workers’ advocates said the governor’s own administrative proposal to restore a small percentage of the permanent disability compensation he cut by 50% to 70% ... more

SB 1717 Passes Assembly Floor
Injured workers’ advocates call for Governors signature

Sacramento, CA - Injured workers and their advocates today hailed State Assembly passage of SB 1717 (Perata, D – Oakland), and called upon the governor to sign the measure, which seeks to restore compensation to permanently disabled workers. The injured workers’ advocates said the governor’s own administrative proposal to restore a small percentage of the permanent disability compensation he cut by 50% to 70% is a wholly inadequate alternative. The advocates have released figures showing that California is well below neighboring states, and comparable US states, in compensating permanently disabled workers. SB 1717 passed the Assembly by a vote of 46-31. ... more

BILL BANNING BIAS IN DISABILITY BENEFITS IS VETOED BY GOVERNOR SB 1115 would have Prohibited Insurers from Penalizing Women, Ethnic Minorities, Older Workers

SACRAMENTO – Injured workers and their advocates today criticized Governor Schwarzenegger’s veto of Senate Bill 1115 (Migden, D – San Francisco). SB 1115 would have banned discrimination by insurance carriers in determining disability compensation for workers injured on the job. Sponsored by the California Applicants Attorneys’ Association (CAAA), SB 1115 passed the California Assembly on a 46 to 31 vote. Currently, insurers and doctors are reducing permanent disability compensation based on age, race and gender. Discrimination has reduced compensation to disabled workers by millions of dollars.... more

BILL BANNING BIAS IN DISABILITY BENEFITS PASSES
ASSEMBLY, SENT TO THE GOVERNOR TODAY
Migden Bill Prohibits Insurers from Penalizing Women,
Ethnic Minorities, Older Workers

SACRAMENTO – Injured workers and their advocates today hailed State Assembly passage of SB 1115 (Migden, D – San Francisco), and called upon the governor to sign the measure, which bans discrimination in determining disability compensation from insurance companies to workers injured on the job. Senate Bill 1115 (Sen. Carole Migden). Sponsored by the California Applicants Attorneys’ Association (CAAA), passed the California Assembly today on a 46 to 31 vote. Currently, insurers and doctors are reducing permanent disability compensation based on age, race and gender. Discrimination has reduced compensation to disabled workers by millions of dollars. This bill was inspired by discovery of doctors' reports and Workers' Compensation Appeals Board findings allowing an injured workers' compensation insurance payments to be reduced because of his or her age, race and/or gender. This bill bans such discrimination. The bill is now on its way to the Governor's desk to await signature. ... more

How to practice medicine without a license
By Robert L. Weinmann

Doctors not licensed to practice medicine in California are allowed to practice medicine in California as long they restrict their decisions to injured workers who claim on-the-job injuries. This convenient niche is favored by insurance companies and acquiescent utilization review companies retained by the insurance companies. They argue that utilization review doctors aren't practicing medicine.

Here's how the scheme works. Josephine Hardhead reaches for a box of records stashed on an overhead shelf. The box falls onto her head and neck. She develops headache and neck ache that won't quit. Her primary care physician prescribes MRI scanning. Instead of doing the prescribed scanning, the insurance company refers the prescription to a utilization review company where a doctor who may be in another state and who has been hired to do utilization review looks over the prescription. insisting that the original workers' comp doc do it. My wife is adamant that Kaiser do it. ... more

New U.S. Chamber Figures Show Governor’s Permanent Disability Proposal is No Fix; California Still Ranks Among Lowest in U.S. California falling even further behind;
How much is a finger worth?

Under Governor Schwarzenegger’s new Permanent Disability compensation proposal, Californians injured at work would still receive permanent disability compensation among the lowest in the nation. “Loss of use of a finger in California currently is worth just $ 8,798.00, which the governor proposes to increase by just $2,630.60. California continues to be among the lowest, falling even further behind, in the nation in compensating injured workers for permanently ... more

Permanent Disability Hearing media coverage at the Ronald Reagan State Building from this morning.

News Coverage by LOS ANGELES FOX Channel 11. (listen here)

Suit: Company moved dead worker's body

STOCKTON, Calif.—A lawsuit has been filed against the former employer
of an immigrant worker who died during a Central Valley heat wave and
claims the company moved the dead man's body to a nearby orchard to
escape responsibility.

Pedro Servin collapsed in 2006 while working a $6.75-an-hour job for
General Pallet in Vernalis. The 43-year-old suffered heart failure while
working on his boss' car.

Plaintiff's attorney Douglas Gessell says owners Jose and Joe Lopez, and an
employee, Rogelio Sanchez, moved Servin's body to avoid paying workers'
compensation benefits and other fines. The suit seeks damages for
intentionally inflicting emotional distress on Servin's parents, who live in
Mexico.

General Pallet's attorney Mark Perelman says a reasonable explanation will
be presented in court for the movement of the body. The attorney also
argues in documents that Servin's parents don't deserve damages because
Gessell cannot prove the company intentionally tried to harm them.

ASSEMBLY INSURANCE COMMITTEE TO VOTE ON
DISABILITY BENEFITS BIAS BAN,
PERMANENT DISABILITY COMPENSATION;
Senate Rules Committee to Hear DWC Chief Nomination

On Wednesday morning, June 25, the Assembly Insurance Committee will vote on Sen. Carole Migden’s SB 1115 to ban race, gender and age discrimination in awarding disability compensation to workers injured on the job, and on Sen. Don Perata’s SB 1717, to restore compensation to permanently disabled workers....more

SB 1717 Passes Senate
Injured workers’ advocates call for bill’s significant boost in
compensation for permanent disabilities;
Reject Administration’s “Insignificant” 16% proposal

Sacramento, CA - Injured workers and their advocates today hailed State Senate passage of SB 1717 (Perata, D – Oakland), and called upon the governor to support the measure, which seeks to restore compensation to permanently disabled workers. The injured workers’ advocates said the governor’s own administrative proposal to restore a small percentage of the permanent disability compensation he cut by 50% to 70% is a wholly inadequate alternative. The advocates have released figures showing that California is well below neighboring states, and comparable US states, in compensating permanently disabled workers. U.S. Chamber of Commerce data shows that weekly benefits for permanently disabled workers in California are the 4th lowest in the nation. The business organization’s data show, for example, that a California worker who loses an ear at work would receive just $5,280 while the same injury in Arizona would be compensated with $26,400, in Oregon $100,310 and in Washington $12,685. “California workers permanently disabled on the job receive compensation that is among the lowest the nation,” said Sue Borg, president of the California Applicants’ Attorneys Association (CAAA), whose members represent hundreds of thousands of workers injured on the job each year. “Injured workers have suffered 50 to 70 percent cuts to benefits that were never intended by the legislature. To give some injured workers a meager 16% increase while decreasing compensation to older workers is nearly meaningless.” The measure passed on a vote of 23 to 15. ...more

California Would Still Rank Among Lowest in U.S.
Governor’s Permanent Disability Proposal is No Fix
How much is your foot worth?

Under Governor Schwarzenegger’s new Permanent Disability compensation proposal, Californians injured at work would still receive permanent disability compensation among the lowest in the nation. “Loss of use of one foot in California currently is worth just $28,820.00, which the governor proposes to increase by just $7,288.00. California continues to be among the lowest in the nation in compensating injured workers for permanently disabling injuries,” said Sue Borg, president of the California Applicants’ Attorneys Association (CAAA), whose members represent hundreds of thousands of workers injured on the job each year. “Injured workers have suffered drastic cuts to benefits, 50 percent of which were never intended by the legislature. Even the administrations own studies showed a decrease in the average rating of up to 41%. To give some injured workers a meager increase is nearly meaningless. To increase disability compensation for loss of the use of one foot by just $7,288.00 is insignificant.”

The permanent disability compensation awarded in the workers compensation system is the only compensation most injured workers receive for losing the ability to do many things that we all take for granted each day, and for facing a lifetime of pain and suffering. Had these Californians been injured outside of the workplace they would have received much greater compensation for the life-long effect of their injuries.

* Under Governor’s proposal, California’s Permanent Disability compensation would remain amongst the lowest in the country.

Source: US Chamber of Commerce, “Analysis of Workers’ Compensation laws”see chart

California Would Still Rank Among Lowest in U.S.
Governor’s Permanent Disability Proposal is No Fix
How much is your eye worth?

Under Governor Schwarzenegger’s new Permanent Disability compensation proposal, Californians injured at work would still receive permanent disability compensation among the lowest in the nation. “Loss of sight in one eye in California currently is worth just $17,714.00, which the governor proposes to increase by just $2,664.00. California continues to be among the lowest in the nation in compensating injured workers for permanently disabling injuries,” said Sue Borg, president of the California Applicants’ Attorneys Association (CAAA), whose members represent hundreds of thousands of workers injured on the job each year. “Injured workers have suffered drastic cuts to benefits, 50 percent of which were never intended by the legislature. Even the administrations own studies showed a decrease in the average rating of up to 41%. To give some injured workers a meager increase is nearly meaningless. To increase disability compensation for loss of the use of one eye by just $2,664.00 is insignificant.”

The permanent disability compensation awarded in the workers compensation system is the only compensation most injured workers receive for losing the ability to do many things that we all take for granted each day, and for facing a lifetime of pain and suffering. Had these Californians been injured outside of the workplace they would have received much greater compensation for the life-long effect of their injuries.

* Under Governor’s proposal, California’s Permanent Disability compensation would remain amongst the lowest in the country. Source: US Chamber of Commerce, “Analysis of Workers’ Compensation laws” see chart

California Would Still Rank Among Lowest in U.S.
Governor’s Permanent Disability Proposal is No Fix
How much is your ear worth?

Under Governor Schwarzenegger’s new Permanent Disability compensation
proposal, Californians injured at work would still receive permanent disability
compensation among the lowest in the nation. “Loss of hearing in one ear in
California currently is worth just $5,280, which the governor proposes to increase by just $479. California continues to be the lowest in the nation in compensating injured workers for permanently disabling injuries,” said Sue Borg, president of the California Applicants’ Attorneys Association (CAAA), whose members represent hundreds of thousands of workers injured on the job each year. “Injured workers have suffered drastic cuts to benefits, 50 percent of which were never intended by the legislature. Even the administration’s own studies showed a decrease in the average rating of up to 41%. To give some injured workers a meager increase is nearly meaningless. To increase disability compensation for loss of the use of one ear by just $479 is insignificant.”

The permanent disability compensation awarded in the workers compensation system is the only compensation most injured workers receive for losing the ability to do many things that we all take for granted each day, and for facing a lifetime of pain and suffering. Had these Californians been injured outside of the workplace they would have received much greater compensation for the life-long effect of their injuries.

* Under Governor’s proposal, California’s Permanent Disability compensation
would remain amongst the lowest in the country. see chart

The perils of workers' compensation
By Bil Paul

When you're seriously injured on the job, the California workers' compensation system is there to help you through difficult times. Or is it?

My wife injured her wrist in a fall and went to a Kaiser emergency room to have it X-rayed and a cast applied. Upon arrival, as usual, Kaiser asked if the injury was work related, and that began the paperwork of becoming involved with "the system." Afterwards, her employer's workers' comp insurer insisted that one of the docs on their network check out the wrist. My wife called eight docs on their list before finding one to see her. By that time, it was time for the cast to come off, and the new doctor removed it. Three weeks later, because of the original fall, her thumb lost all movement, and the workers' comp doc's office was contacted. They said they couldn't look at the thumb until two weeks later.

Concerned about the thumb, my wife made a Kaiser appointment for two days later, where she learned she needed an operation, which Kaiser made plans to do. The workers' comp insurer initially OK'd the Kaiser visit, then disapproved it along with the planned Kaiser operation, insisting that the original workers' comp doc do it. My wife is adamant that Kaiser do it. ... more

INJURED WORKERS, ADVOCATES:
GOVERNOR’S DISABILITY BENEFITS RESTORATION IS “RIDICULOUSLY SMALL”

California’s compensation would remain among lowest;
Decreases compensation to older workers

Sacramento, CA - Injured workers and their advocates today said the governor’s proposal to restore a small percentage of the permanent disability compensation he cut by 50% to 70% is wholly inadequate in view of the Administration’s own studies. The injured workers’ advocates called instead for passage of SB 1717, that seeks to restore half of the compensation taken from permanently disabled workers. The advocates released figures showing that even with the governor’s proposed increase, California would remain well below neighboring states, and comparable US states, in compensating permanently disabled workers. “This proposal does not fix the harm done to injured workers. California workers permanently disabled on the job would still receive compensation that is among the lowest in the nation under the governor’s proposal. This schedule has eliminated the age adjustment for workers between the ages of 41 to 51, further reducing their ‘average rating.’ The proposal does not come close to making up the reductions that the administration’s own studies found,” said Sue Borg, president of the California Applicants’ Attorneys Association (CAAA), whose members represent hundreds of thousands of workers injured on the job each year. “Injured workers have suffered 50 to 70 percent cuts to benefits that were never intended by the legislature. Even the administration’s own studies showed a decrease in the average rating of up to 41%. To give some injured workers a meager increase while decreasing compensation to older workers is nearly meaningless.”
 
Multiple independent studies, including studies conducted last year by the Division of Workers Compensation’s Administrative Director, have documented 50% to 70% cuts in compensation for permanent disabilities.
 
The governor has vetoed two bills by Senator Don Perata that would have doubled permanent disability compensation, promising instead a correction via the regulatory process. With today’s meager proposed increase, the injured workers of this state and their advocates will look once again to the Legislature for much needed help.
 
 “It’s insulting to cut disability compensation by 50% to 70% and then give only some injured workers back a dime or so on the dollar,” said Jesse Ceniceros, president of VotersInjuredatWork.org, an advocacy group of and for injured workers. “Permanently disabled workers rely on this compensation for their survival and that of their families. This inadequate increase does not address the unfairness of the governor’s permanent disability benefits schedule.”

How much is Your Eye Worth in California?
Governor’s Permanent Disability Compensation is Blind to Worker’s Loss

Californians injured on the job receive less in compensation than those injured in all other states. Governor Schwarzenegger reduced compensation for workers who live the rest of their lives with disabilities caused by work-related injuries by more than 50%. Multiple independent studies have confirmed this drastic reduction.

The chart is available here.

What's a big toe worth?
By Dan Walters
California By the Numbers, April 29, 2008

If a California worker loses a big toe – or at least its use – in an on-the-job
accident, it’s worth $3,960 in workers’ compensation benefits, but $61,874 if the worker is in Oregon, according to a state-by-state compilation of payments for jobrelated maladies by a coalition attempting to raise California benefits.

The coalition of labor groups and attorneys who specialize in workers’ comp cases is attempting to modify an overhaul of the multi-billion-dollar system that was pushed through the Legislature by Gov. Arnold Schwarzenegger in 2004 and resulted in new administrative rules tightening up eligibility for benefits.

Schwarzenegger has vetoed other attempts to undo the 2004 legislation and the rules, but the coalition is trying again this year with legislation (Senate Bill 1717) by Senate President Pro Tem Don Perata that would double benefits by doubling the number of weeks they could be paid. Employers, meanwhile, have lined up with Schwarzenegger to oppose any changes, hailing the billions of dollars in lower workers’ comp insurance premiums that the 2004 overhaul generated.

As part of the campaign to enacted SB1717, the coalition, called “Denial of Care,” compiled the chart comparing benefits in California to those in other states, claiming that they have fallen to among the lowest in the nation. It shows benefits for losing each limb, and portion of a limb, as well as eyes and ears.

The chart is available here.

Four Years After Governor’s Compensation Cuts:
INJURED WORKERS, ADVOCATES TO CALL ON
GOVERNOR TO RESTORE DISABILITY BENEFITS
California’s compensation among lowest

Sacramento, CA - Injured workers and their advocates held a news conference Wednesday calling upon the governor to restore compensation to permanently disabled workers. The injured workers’ advocates and Senate President pro tempore Don Perata presented his new measure, SB 1717, that seeks to restore compensation to permanently disabled workers to the Senate Labor & Industrial Relations Committee. The advocates released figures showing that California is well below neighboring states, and comparable US states, in compensating permanently disabled workers. U.S. Chamber of Commerce data shows that weekly benefits for permanently disabled workers in California are the 4th lowest in the nation. The business organization’s data show, for example, that a California worker who loses an ear at work would receive just $5,280 while the same injury in Arizona would be compensated with $26,400, in Oregon $100,310 and in Washington $12,685. “California workers permanently disabled on the job receive compensation that is among the lowest the nation,” said Sue Borg, president of the California Applicants’ Attorneys Association (CAAA), whose members represent hundreds of thousands of workers injured on the job each year. “Injured workers have suffered 50 to 70 percent cuts to benefits that were never intended by the legislature.”...more

State Senate alters limits on workers' comp
ASSOCIATED PRESS

SACRAMENTO – The state Senate approved legislation yesterday that would
prohibit doctors from considering age, race or genetic factors in determining the size of workers' compensation benefits for employees who suffer job-related disabilities.

The bill by Sen. Carole Migden, D-San Francisco, would alter a key provision of the sweeping workers' compensation changes promoted by Gov. Arnold
Schwarzenegger and employers in 2004.

Among other things, the reforms require doctors to determine what “other factors” besides a job-related injury contributed to a worker's disability. Benefits can be cut if the physician decides that an earlier injury or a medical problem contributed to the disability...more

Race, age, gender bias hits workers across state
By Dean Calbreath
Sunday, February 17, 2008

In an age when an African-American, a woman and a senior citizen each has a pretty good shot of becoming president, you'd think that this country is finally evolving beyond discrimination based on race, gender and age.

But there's one area where such discrimination appears to be perfectly allowable: workers' compensation insurance.

Since Gov. Arnold Schwarzenegger successfully pushed his workers' comp reform package in 2004, some medical examiners have decided that they not only have the right but the state-mandated duty to pare down claims based on the race, gender or age of the worker.

The problem stems from the portion of the law dealing with “apportionment,” which requires employerapproved medical examiners to review injuries and determine to what extent they are related to unspecified “other factors” beyond the employee's working conditions....more

Daniel Weintraub: Governor should allow a fix to workers' comp bill
By Daniel Weintraub - dweintraub@sacbee.com
Thursday, February 14, 2008

When Gov. Arnold Schwarzenegger, early in his first term, brokered a bipartisan compromise to overhaul California's troubled system for compensating workers injured on the job, many observers thought his claims of success might be overblown, an enthusiastic exaggeration of the kind for which he was already becoming famous.

But Schwarzenegger's claims turned out to be an understatement. The bill he signed in the spring of 2004 did everything he said it would and more. The legislation was so effective at reducing costs that Democrats soon began trying to repeal some of its provisions, arguing that they and the governor had gone too far. Truly injured workers, they said, were being damaged by the reforms. ... to read the entrie story go to http://www.sacbee.com/110/story/711071.html

ABOUT THE WRITER:
Call The Bee's Daniel Weintraub, (916) 321-1914. Readers can see his California Insider political blog at CapitolAlert.com.

BILL BANS BIAS IN DISABILITY BENEFITS:
Migden Bill Prohibits Insurers from Penalizing Women,
Ethnic Minorities, Older Workers

SACRAMENTO - Sen. Carole Migden, VotersInjuredatWork.org and the
California Applicants Attorneys Association (CAAA) today unveiled legislation to
ban bias in awarding workers compensation disability benefits. SB 1115 bans
discrimination in determining disability compensation to workers injured on the
job. Currently, insurers and doctors are reducing permanent disability
compensation based on age, race and gender. Discrimination has reduced
compensation to disabled workers by millions of dollars...more

• BIAS AGAINST AFRICAN-AMERICAN & LATINO INJURED WORKERS IN DISABILITY COMPENSATION FOR JOB-RELATED INJURIES
• BIAS AGAINST WOMEN AND OLDER INJURED WORKERS IN DISABILITY COMPENSATION FOR JOB-RELATED INJURIES

"Four score and seven years ago our fathers
brought forth…a new nation conceived in
liberty and dedicated to the proposition that
all men are created equal..."
Abraham Lincoln, Gettysburg Address, 1863

COURT AGREES WITH AARP, CIVIL RIGHTS GROUPS:
WORKERS’ COMP LAW DISCRIMINATES AGAINST SENIORS
Court rejects WCAB decision that reduced benefits on account
of age and gender -related conditiong

SACRAMENTO - The Third District Court of Appeal today validated a legal challenge, joined by the AARP, ACLU and other civil rights groups, to Governor Schwarzenegger’s workers compensation law. The court ordered the Workers Compensation Appeals Board (WCAB) to restore benefits taken from a Sacramento woman based on her age. Injured worker’s advocates
and civil rights groups argued that the law discriminates against women and elderly workers by reducing the compensation they would otherwise receive for a disability caused by a work injury simply because of their age, gender or other "risk factors." Lois Vaira, 76, a receptionist for the California Tourism Department, was able to perform her job prior to her work injury and should not be penalized because of osteoporosis that had no impact on her job performance. AARP argued that older workers are subject to a substantial reduction in compensation for a workcaused disability based simply on age-related conditions.... more

Workers’ comp reform needs fixing
Editorial

SAN FRANCISCO – The 2004 reform of California workers’ compensation was Republican Gov. Arnold Schwarzenegger’s first and virtually only victory with the Democratdominated Legislature. He won because Democratic lawmakers understood that if they didn’t vote for a much-needed overhaul, the state’s business organizations were poised to spend millions on an even more sweeping ballot initiative.... more

APPEALS COURT TO HEAR DISCRIMNATION CASE
Injured workers, AARP:
Insurers Penalizing Women, Older Workers,
Millions of Dollars withheld each Year

On Tuesday morning, November 20th, the Third District Court of Appeal in
Sacramento will hear arguments from injured workers’ advocates, the AARP and civil rights groups that Governor Schwarzenegger’s workers’ compensation laws have led to discrimination against California workers based on their age and gender. A state commission has estimated that compensation provided to disabled workers has been cut by at least $40 million a year due to this change.... more

Experts Expose Fatal Flaws in Workers' Comp Medical Care:
ACOEM Company doctors serve the company; "Conflicts of Interest" inherent in ACOEM

SACRAMENTO – Advocates for injured workers today responded to a new journal article criticizing the basis of workers compensation medical care as fatally flawed. The article, published in the current edition of The International Journal of Occupational and Environmental Health, concludes that the American College of Occupational and Environmental Medicine (ACOEM) is “controlled by corporate leaders,” and finds that the association is “a vehicle to advance the agendas of their corporate sponsors.” The Administration has based medical care for injured workers on the guidelines of this biased group with “conflict of interests inherent.”... more

Journal Article Takes Aim at ACOEM
By John Bowman, WorkCompCentral Western Bureau Chief

California -- Journal Article Takes Aim at ACOEM: Top [11/14/07]
An article in the current edition of “The International Journal of Occupational and Environmental Health” launched a blistering attack on the American College of Occupational and Environmental Medicine (ACOEM), whose guidelines serve as an important basis for workers’ compensation treatment in California and many other states.... more

Governor Refuses to up Benefits for Disabled Workers
By Steve Lawrence

SACRAMENTO — For the second year in a row, Gov. Arnold Schwarzenegger has refused to raise benefits for disabled workers that critics say were slashed too deeply by regulations his administration adopted in 2004.

The Republican governor vetoed a bill Friday by Senate President Pro Tem Don Perata, D-Oakland, that would have doubled over three years the benefits available to workers who suffer permanent disabilities on the job. He rejected an identical measure last year.

Schwarzenegger said his administration was reviewing the changes adopted by his Division of Workers' Compensation in 2004 to determine whether any increases are needed to ensure injured workers receive "appropriate benefits." ... more

Nuñez Statement on Veto of Injured Workers Bill

SACRAMENTO—Assembly Speaker Fabian Núñez has released the following statement on the veto of SB 936 (Perata):

“When we fixed California’s workers’ comp system the governor and the legislature made a promise that truly injured workers wouldn’t be harmed by the changes. That hasn’t been the case, and it’s time the promises we made were kept.  SB 936 would have been a good way to do that.  While I regret the governor vetoing this bill, and I believe enough time and data have been collected to allow us to appropriately restore fairness to the system, I remain committed to working with Senator Perata, the Governor and his administration to quickly bring about the necessary changes to regulations to ensure that injured workers receive the benefits they deserve.”

PERMANENTLY DISABLED WORKERS CALL ON GOVERNOR TO FIX PERMANENT DISABILITY
California compensation among lowest in U.S.

SACRAMENTO, CA – Permanently injured workers and their advocates today criticized Governor Schwarzenegger’s veto of SB 936, which would have increased compensation for workers permanently disabled on the job. They called upon the governor to implement SB 936 through administrative action. Gary Hoag, a CHP officer from Fallbrook, told a Capitol news conference, “The governor’s veto is a slap in the face to Californians injured on the job. I lost my career as a California Highway Patrol Officer when I was hit by a car on the freeway while investigating an accident. I’ve been forced into a disability retirement.  Every step I take is extremely painful.” SB 936 contains modest increases phased in over a three-year period. The decrease in compensation has been verified by many independent studies, including the Administration’s own studies, conducted by the Division of Workers’ Compensation in 2007.... read more

Workers' Comp Still a Battlefield
By Dan Walters

SACRAMENTO - Arnold Schwarzenegger's first major achievement as governor was to bulldoze the Legislature into overhauling the state workers' compensation system, much to the delight of employers, who have seen their costs drop by billions of dollars, and much to the dismay of labor unions and others on the other side of the perennial battle.

Ever since the Legislature acceded to Schwarzenegger and the business coalition that was threatening to place a workers' comp measure on the 2004 ballot, Democratic legislative leaders have tried to at least partially undo what they wrought... read more

Disabled Employess Are Shorted Too Often
EDITORIAL

The effort to reduce workers' compensation costs to employers has been one of California's greatest political success stories of the decade.

The original goal was to make the state's business climate more competitive, while fairly compensating injured workers. The latter remains a work in progress.

Part of the solution is AB 338, which is sitting on Gov. Arnold Schwarzenegger's desk. It would make the state's benefit package for temporarily disabled workers more equitable. He should sign the legislation... read more

COMPENSATION BOOST FOR WORKERS PERMANENTLY DISABLED ON THE JOB PASSES
California compensation among lowest in U.S.

SACRAMENTO – The California State Legislature has passed SB 936 (Perata) on a virtually unanimous vote of Senate and Assembly Democrats. This remedial bill partially corrects unintended 50% to 70% cuts in permanent disability compensation to injured workers as a result of regulations promulgated by the Administrative Director of the Division of Workers Compensation. SB 936 contains modest increases phased in over a three-year period. The decrease in compensation has been verified by many independent studies, including the Administration’s own studies done by the Division of Workers’ Compensation this year... read more

How Much Money is a Foot Worth? In California, Not a Lot
By Linda Rapattoni

SACRAMENTO - In California, losing a foot from a job injury will get you $28,820 in compensation, while other states pay an average of $80,977.

An eye isn't worth as much. It's only good for $17,714, according to an analysis by the U.S. Chamber of Commerce. Your leg - the entire thing - is worth a lot more. You can get $61,435 for that.

Lawyers complain the benefits, which dropped by 50-70 percent following reforms in 2004, are unfair. Their pay, based on the benefits, also has declined.... read more

Changes in workers' compensation system have benefited insurers, but not many employees
By Dean Calbreath

Gary Hoag was in the fog when his legs were crushed.

On a foggy day in 2005, the California Highway Patrol officer was standing on the shoulder of Interstate 5 near the San Onofre nuclear plant, calling for an ambulance to help passengers in a Jeep that had crashed into the center median. Suddenly another car spun out of control on the rain-slick road, slamming into Hoag and pinning him against the Jeep. Hoag's left leg was nearly severed from his thigh.

“I was bleeding profusely and thought I would probably die,” he said. “I asked the dispatcher to call my wife and tell her that I loved her.”... read more

ADMINISTRATION’S OWN STUDY CONFIRMS DEEP PERMANENT DISABILITY COMPENSATION CUTS;
Insurance Commissioner Orders Investigation into Insurers’ Denial of Medical Care

SACRAMENTO – Injured workers and their advocates today said that the Schwarzenegger Administration’s own study has now confirmed that workers injured on the job have had their permanent disability benefits cut in half by the administration’s 2005 Permanent Disability Rating Schedule (PDRS). The advocates for fair compensation and medical care for injured workers also applauded Insurance Commissioner Steve Poizner’s announcement today that he will conduct an investigation into insurers’ failure to promptly pay benefits to injured workers.. ... read more

PERMANENTLY DISABLED WORKERS' COMPENSATION NEAR BOTTOM IN US:
Cuts Harmed 250,000 Permanently Disabled Workers; Injured Workers' Advocates Call on Legislature to Restore Fairness

SACRAMENTO – Advocates for California injured on the job today released new materials documenting that permanently disabled California workers receive lower compensation than in nearly all other states. "Permanently disabled California workers' compensation was slashed by nearly 70%, and has fallen nearly to the bottom among US states," said Linda Atcherley, president of the California Applicants' Attorneys Association (CAAA), whose members represent hundreds of thousands of workers injured on the job each year. ... read more

WORKERS’ COMPENSATION JUDGE THROWS OUT ADMINISTRATION’S PERMANENT DISABILITY CUTS:
Permanent Disability Compensation Cuts "Arbitrary, Disturbing,"
"No Rational Explanation" for Administration's Cuts

SACRAMENTO – Advocates for injured workers today reported that a Judge of the Workers Compensation Appeals Board has invalidated the Schwarzenegger Administration’s deep cuts in injured workers’ permanent disability compensation. The advocates for Californians injured on the job hailed Workers Compensation Appeals Board (WCAB) Judge Jacqueline Duncan’s May 9 decision in the case of injured worker Scott Boughner vs. Comp USA and Zurich North America. “The court’s decision affirms that the administration’s schedule violates the legislative mandate of Labor Code Section 4660, and is not based on empirical data. We call upon the Legislature to enact a statute that ensures restoration of adequate benefits to permanently disabled workers,” said California Applicants’ Attorneys Association (CAAA) President Linda Atcherley.“We have repeatedly asked the administration to overturn the drastic reductions in the already-meager compensation permanently injured workers receive. Today, we renew that call based upon the court’s decision.”... read more

THREE-YEAR EVALUATION OF GOVERNOR
SCHWARZENEGGER’S WORKERS COMP. LAW:
Law Fails Injured Workers,
Insurance Companies Post Record Profits

SACRAMENTO – Advocates for injured workers today reported that a Judge of the Workers Compensation Appeals Board has invalidated the Schwarzenegger Administration’s deep cuts in injured workers’ permanent disability compensation. The advocates for Californians injured on the job hailed Workers Compensation Appeals Board (WCAB) Judge Jacqueline Duncan’s May 9 decision in the case of injured worker Scott Boughner vs. Comp USA and Zurich North America. “The court’s decision affirms that the administration’s schedule violates the legislative mandate of Labor Code Section 4660, and is not based on empirical data. We call upon the Legislature to enact a statute that ensures restoration of adequate benefits to permanently disabled workers,” said California Applicants’ Attorneys Association (CAAA) President Linda Atcherley.“We have repeatedly asked the administration to overturn the drastic reductions in the already-meager compensation permanently injured workers receive. Today, we renew that call based upon the court’s decision.”... read more

INJURED WORKERS’ ADVOCATES:
STATE MEDICAL CARE SURVEY FLAWED
Focus should be on badly injured workers:
CMA survey showed care is a problem

SACRAMENTO – Advocates for injured workers today responded to a state-sponsored survey regarding medical care for injured workers.

“We are disappointed at the results of the administration’s survey which are contrary to the experience of the injured workers we represent. California workers injured on the job are suffering due to delay and denial of needed medical care. Just walk into any workers compensation appeals board office and you’ll plainly see multiple trials set virtually every day on medical care issues.,” said Linda Atcherley, president of the California Applicants Attorneys
Association. “Perhaps the difference between the administration’s survey findings and the realities of the workers compensation system are that the survey focused on ALL injured workers. The vast majority of workplace injuries are minor, requiring only one visit to urgent care for treatment. Over 100,000 California workers are seriously injured on the job each year. These are the workers who need care, and are not getting it.... read more

INJURED WORKERS’ ADVOCATES WILL FIGHT TO RESTORE CUTS IN DISABLED WORKERS’ COMPENSATION:
Californians Disabled on the Job Are Suffering

SACRAMENTO – Advocates for injured workers today said they would continue to press their effort to restore the Schwarzenegger Administration’s deep cuts in disabled workers’ compensation. The advocates for Californians injured on the job responded to Administration figures released yesterday showing a tiny increase in the rate of return to work by disabled workers.... read more

(Sacramento) Senate President pro Tem Don Perata (D-Oakland) issued the following statement after the announcement that The Division of Workers’ Compensation will need more time to study the effects of the Permanent Disability Rating Schedule: ... read more

California -- A report released by the California Workers' Compensation Institute (CWCI) Wednesday shows that
chiropractic and physical therapy treatment dropped dramatically after passage of the 2004 reforms. Smaller decreases were noted for radiology, surgery and medicine.... read more

A California appellate court has agreed to decide whether the new permanent disability rating schedule can be applied retroactively to injuries before 2005. ... read more

The California Applicants' Attorneys Association vowed Tuesday to keep up its legal battle against "deep cuts in injured workers' permanent disability compensation" approved by Gov. Arnold Schwarzenegger's administration. ... read more

You heard almost nothing about it during the campaign, but workers' compensation -- the very contentious system that deals with job-related illnesses and injuries -- was a powerful factor in the duel between Gov. Arnold Schwarzenegger and his Democratic challenger, Phil Angelides. ... read more

SACRAMENTO – Advocates for injured workers today said they would continue to press their fight challenging the Schwarzenegger Administration’s deep cuts in injured workers’ permanent disability compensation. The advocates for Californians injured on the job responded to a Workers Compensation Appeals Board (WCAB) decision last week. ... read more

New rules are proposed to penalize insurers that unfairly delay or deny medical treatment.
SACRAMENTO — Gov. Arnold Schwarzenegger's administration is preparing to punish insurance companies that wrongly delay or deny medical care for workers hurt on the job. ... read more

Reform cut costs 60% in just 2 years but a loophole may be delaying necessary treatments for patients ... read more