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

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 pe