AgdaPkt 2004-01-26 - Laserfiche WebLink

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G.A-B WORKERS' COMPENSATION - ANYONE'S GUESS In his state-of-the-state address, Governor Administrative costs: Amend Labor Code 5814 Schwarzenegger made it clear to the Legislature so that the penalty is assessed on the actual late that if they did not bri.,g him a reform package by payment rather than the entire claim-past, present March 2004, he woula take his own proposal to the and future; allow an insurer or employer the ability voters in November. Th.1re has been no word from to self-ilT!pose a penalty upon themselves so that legislative leadership thaI discussions on reform will an unintentional violation can be quickly remedied. resume. The Senate Labor Committee and the Assembly Insurance Committee have not given Other issues: Restore the exclusive remedy notice that the workers' compensation debate will and reduce the possibility for lawsuits for employers continue. who follow the law; eliminate prisoners from being eligible for compensation; eliminate the requirement In the meantime, the League will continue to included in SB 228 for all insurers to inspect the support both reform vehicles, SB 4x 3 (Poochigian) safety program of every single business; modify the and AB 4x 1 (Maldanado). These bills contain alternative dispute resolution (ADR) program significant reform that will aid cities and counties as provisions of SB 228 so that all industries can avail well as private businesses in curbing skyrocketing themselves of the successful model of ADR cur- workers' compensation costs. In summary, the bills rently authorized for the construction trades. do the following: Indemnitv costs: Mandate use of objective medical findings; outline the use of nationally SCA 1 - ACCESS TO GOVERNMENT recognized guidelines, like the American Medical Association guidelines, for impairment to improve INFORMATION PASSES consistency of awards; curb the use of permanent BOTH THE ASSEMBLY AND SENATE BY disability (PO) benefits by limiting awards for those who return to their previously held jobs or who are UNANIMOUS VOTE offered. but refuse to return to their job, or an equivalent paying job; bring rationality to the SCA 1 passed both houses and will now be apportionment determination, so that a person placed on the November 2004 ballot. Sup- cannot continue to receive new PO awards for the ported by the League of California Cities, SCA same injury; ensure that cumulative injuries are 1 amends the State Constitution to provide that truly work related by applying the standard of the public has a right of access to governmen- "predominant cause" to those kinds of injuries and tal information. for all other specific injuries, apply a 10% standard; clearly define "permanent and stationary" so that The League worked tirelessly with the claims cannot continue unresolved; require that California Newspaper Publishers Association, medical physicians be the ones to determine the California First Amendment Coalition, and permanent disability. the Attorney General's Office to reach a mutu- ally acceptable piece of legislation. SCA 1, in its Medical costs: Allow for an employee to change final form, states explicitly that the public has a doctors after 30 days or to pre-designate a doctor right to information about its government only if it is mutually agreed to by the employer; whether in the form of access to public records make clear that the mandate to "cure and relieve" or to public meetings. SCA 1 is an important is based on sound, proven principles of medical measure that not only allows for governmental necessity; establish an independent medical review access, but also protects existing statutes that process; ensure that the "qualified medical exam- address the need to keep certain types of iner" (QME) process is used solely for PO determi- information confidential. nations; improve the utilization controls created in SB 228 (Alarcon, Chapter 639 statutes of 2003) For more information, contact Amy Brown at that the abuse of over-utilization of the system is browna@cacities.or<;l or call 916-658-8279. truly curtailed. PAGE 2/PRIORITY FOCUS Visit the league's Official Web Site--www.cacities.org