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899 FACT SHEET
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INJURED WORKERS’ CHOICE OF DOCTOR IS ELIMINATED
All injured worker have been forced (as of 1/1/2005) into employer-controlled “physician networks.” No longer can they choose a doctor in whom they have confidence. Company doctors aren’t primarily interested in the injured worker’s care, but in the company’s business!
GOVERNOR’S PERMANENT DISABILITY SCHEDULE CUTS INJURED WORKERS’ COMPENSATION BY 70% ON AVERAGE
The governor rushed into law (as of 1/1/2005) a Permanent Disability Schedule that reduces injured worker’s permanent disability compensation by an average of 70%. Thousands of workers – such as farmworkers and police officers – with disabling back, shoulder, or knee pain will have a “0%” AMA Guides impairment rating and receive no benefits.
THE GOVERNOR PENALIZES WORKERS WHO RETURN TO WORK
The governor cut benefits for workers who return to work, reducing already inadequate benefits and giving a windfall to employers who already have return to work programs while increasing costs to smaller employers.
THE GOVERNOR ALLOWED INSURANCE CARRIERS TO POCKET ALL SAVINGS
The governor refused to regulate excess insurance premiums. Insurers have ignored rate reduction recommendations for July 2004 and January 2005 rates and have reported record-high profits for those periods. Insurers have pocketed billions cut from injured workers, while employers have seen little, if any, reductions in insurance premiums.
APPORTIONMENT TO CAUSATION PENALIZES MOTHERS, AGING WORKERS
Apportionment to causation (4/19/2004) further reduces permanent disability benefits based on conditions such as having given birth, having lived long enough to start aging, and being born with defects that are not work disabling. Workers with diabetes or osteoporosis, or aging workers with asymptomatic arthritis, now receive reduced benefits.
THE GOVERNOR CUT OFF TEMPORARY DISABILITY BENEFITS ARBITRARILY FOR THE MOST SEVERLY DISABLED WORKERS
The governor cut off (as of 4/19/2006) temporary disability benefits after two years whether the worker is healed or not. Discontinuing wage-replacement benefits while workers are still medically unable to work is unfair and hurts the most seriously injured or ill workers.
THE GOVERNOR REDUCED PENALTIES FOR INSURANCE CARRIER MISCONDUCT & DELAY
The governor reduced penalties on insurance carriers who repeatedly and unjustifiably withhold payments for accepted medical care and disability benefits. As of 6/1/2004, penalties were reduced to 10% of the amount denied. Insurance carriers can now routinely deny valid benefits and treatment with impunity. Late payment and unreasonable withholding of benefits is widespread, penalties should be increased, not decreased.
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