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The Workers' Compensation System Should Be Abolished: Today's California Supreme Court Decision--$3,360 for an Amputation
Insurers Already Experiencing Record Profits Are the Ones Who Benefit: Champaign Corks Popping

By Frank D. Russo
The California Supreme Court just handed insurance carriers another windfall in the state's workers' compensation system a major victory in an interpretation of SB 899, the "reform" bill passed three years with a middle of the night hearing and next to no debate on the floor of either house of the legislature without the bill being in print or read by virtually all who voted on it. The result is that a worker who had a leg amputated as a result of an on the job injury will receive $3360 in compensation for his permanent injuries.
If anyone needed any further proof that the workers' compensation system needs abolishing, and that we should return to the pre 1914 system where workers could sue their employers for injuries sustained on the job, this is it. Workers' compensation was a progressive reform brought about by Hiram Johnson who was Governor of California a century ago. A bargain was struck: Workers gave up their right to sue employers where they had to prove negligence, and in return were promised an adequate system of benefits for their injuries and the medical treatment needed without delay.
Workers are getting neither of these. Even before this court decision, benefits were inadequate and there were so many delays in providing medical care that workers with other insurance, even with deductibles, were better of using their own insurance rather than relying upon that denied, delayed, and sometimes authorized under workers' compensation.
I know this, because for 26 years I represented injured workers as an attorney and often presided as a Workers' Compensation Judge, pro tem. Even defense attorneys, those hired by insurance carriers or employers, would admit that the system provided far too little to the vast majority of seriously and permanently injured workers.
You can read about today's Supreme Court's ruling in the case of Welcher v. Workers' Compensation Appeals Board in WorkersComp Zone, a blog maintained by Julius Young, an attorney who practices in this field.
Benefits to Permanently Injured Workers Down 50-70%, Insurance Profits Up
The State of California’s Commission on Health & Safety & Workers’ Compensation studied 30,000 permanent disability cases and found that the Schwarzenegger Administration’s workers compensation permanent disability schedule reduces permanent disability benefits by more than 50%, and was not based on empirical evidence, as required by SB 899
The commission’s findings parallel several prior studies showing that Schwarzenegger’s schedule reduces permanent disability compensation by an average of 50% to 70%.
Meanwhile, insurers pocketed more in profits in 2005 (the last full year for which data is available) than they spent on either benefits to workers or expenses. Insurers pocketed $9.8 billion in profit, before investment income. Insurers only spent $8.5 billion on injured workers’ benefits. During just the first two years under SB 899, workers’ compensation insurance companies in California have earned $20.7 billion in profits, exclusive of investment income.
Governor Schwarzenegger Claims Decision as Victory
Governor Schwarzenegger said: "Today's ruling is a huge victory in protecting the successful reforms to the workers' compensation system that the legislature and I accomplished together three years ago. Thanks to these reforms, we have eliminated a poison to our economy and cut premiums by almost 65% - resulting in more than $15 billion in savings."
I'm sure Mr. Welcher will be happy to hear that, along with countless other workers whose lives have been permanently altered along with that of their families.
Govrnor, put yourself in his shoes, and do something to bring this system back into balance. Seems to me that you have thrown the baby out with the bath water. A lot of people are hurting--and that is not needed for a strong economy.
For further reading, consider our past articles on this topic, some of which include links to injured workers testifying before committees of the state legislature. I'm sure you will be hearing more about this on these pages and elsewhere.
Californians Injured on the Job Are Suffering
Speaker Núñez Makes Statement Regarding Workers’ Comp
TWO-YEAR EVALUATION OF GOVERNOR SCHWARZENEGGER’S WORKERS COMP. LAW
Injured Worker Says 99% Reduction of Permanent Disability Payments is a “Slap in the Face.”
Governor Should Keep His Promise That He Would Not Hurt Permanently Injured Workers
Comments
It is obvious that this administration is saying loud and clear to California injured workers. YOU DON'T MATTER. You are not the subject of consideration. You are insignificant. Everyone involved in this so called "successful" reform are benefiting. By the mere fact that the talking point is called a "success" place a positive light on the resumes of those that created this reform SB 899 at the devestating expense for the voiceless....the injured workers. The intent of this reform is to fatten the pockets of the insurance company and the politicians that the supported that help them accomplish this unfair reform.
It is about money and profits with out consideration for the injured workers. This whole culture of corruption is trickling economy for the big business and employers without considering and respecting a viable protection for the working people of California.
Posted by: anon at May 3, 2007 04:34 PM
What's the price of beef in California? Is this man's leg worth any more than that? Probably not. And what about the cost of a prosthetic limb? Schwarzenegger is pathetic.
Posted by: anon at May 5, 2007 06:33 AM
How can all of us who have documentation of employer/insurer fraud and abuse find an att'y or journalist to bring reform and justice for truly injured workers?
Email me: ashleighkatz@aol.com
Posted by: Ashleigh Katz at May 6, 2007 12:43 PM
My husband was injured in 2004 (march). Because of WC, And the hell they put him through and still, he will never be the same. He was making 75,000 dlls a year, plus company car, free gas, car insurance, health and life insurance. NOW, because of Arnold's reform, my husband is bring home 400dlls bi-weekly. ADD THAT UP.thats only for 2 years. P&S doesn't pay anything. TD should be for 5 years. My husband was taken off TD when he was still waiting for his surgery. and his 2 years wasn't even up. We are losing our home of 26 years, can't make the monthly payments. Savings? Gone... what a great state we live in, boo on Arnold, some one needs to get through to him, he is hurting injuried workers in CA. HE PROMISED IN WOULDN'T HURT PERMANENTLY INJURIED WORKERS, Well Gov. this has hit our home, the people who's lives are ruined. We will lose our home, and next, I will lose my husband. as he is so depressed and feels less of a man because of what you did. He paid tax's and a lot of it for 30 plus years to be treated so unfairly, WC belittled him, denial of treatments he needs. WHY? and how can you sleep at night when you are responsible for this mess. WAKE UP AND FIX IT PLEASE. INJURED IN 2004, how does that fall under 2005? with WC taking months to ok this after 5 denials, for everything my husband needed. They lagged it, If a injured workers ends up with a permanent disability, it should fall under the date of injury. WC know's how to play your system, look at there bank account, than look at the injured workers bank account. You won't find one, as most of us ended up with losing everything we worked hard for, for many years. My husband loved his job, same field for 30 plus years, than to get injured, pernamently and be left at the hands of WC?? and this reform you came up with? Where was your head???? I'll let you answer that one.
Posted by: anon at May 6, 2007 11:56 PM
Isn't TD benefits up to 66 2/3% of your salary up to like $800 a week? If the guy was making 75k a year, seems he should be getting more than $800 a month. So I guess there is more to this story. Also, after 26years, you would think the house would be almost paid for, or at least really low payments and low taxes. The above story smells.
Posted by: anon at May 7, 2007 10:46 AM
Dear anon: The $3360 is what this worker gets paid for the permanent disability--the injury he has to live with for the rest of his life. You are correct that there are other benefits paid: Temporary disability (TD) to live on during the period of recovery from the injury until the worker reaches that point. Medical care is also provided.
If a worker has state disability insurance benefits, which virtually all have in paying into the SDI system as part of taxes, he or she will be paid about the same amount as TD for a year. The major benefit received in a case such as this is in the permanent disability benefits, which is the $3,360 referred to.
I assume you know this as you are posting from an insurance agency.
Posted by: Frank D. Russo at May 7, 2007 11:37 AM
I wasn't clear on my posting. My husband was making on TD 1600.00 bi-weekly, P&S 400.00 bi-weekly. And my story is true, so don't be quickly to judge me, when I didn't have enough space to explain everything, in regards to our home etc. On top of my husband being injured, I had cancer before he was injured, private insurance doesn't pay for all of my chemo, and meds, I had chemo for 9 months. every 3 weeks. My co payments was horrible. and meds to help with the throwing up, insurance wouldnt cover it, due to the cost.
Why do people look at the negative side of people, and not the good side at what they go through. Don't judge people without knowing the whole story. TD wasn't even close to what he should of made. We have had our share of challenging times, but after 26 years of marriage, we are still together, and with 3 children over 18, thanking us, for being parents who didn't judge them during teen times, and learned by our actions. Maybe you need to learn by my posting, come on, lighten up, we have had enough negative situations, the 2004 reform by our gov. topped all..
Maybe I will post again, I will explain all he went through and still going through. It will be worth my time..... Let me just say this, my husband ended up in a hospital for over 30 days due to denial of treatment he should of received...
Posted by: anon at May 7, 2007 12:00 PM
Activist for Injured workers should ask Governor Cortzine of New Jersey the following question:
1. He was obviously doing his work when he was in an auto accident. Since workers comp is suppose to be a NO-FAULT system, is his medical and hospital bill being covered by his work's workers comp insurance?
2. If so, how will the workers comp insurance rate his injuries? If not, why not and who is paying for his medical and hospotal cost?
3. Is his workers comp insurer, State Compensation Insurance Fund? If not what is it?
4. What insurance is paying for his loss of income? If workers comp insurance is paying for his loss of income, at what rate is he getting? Is he getting the maximum rate/week or is he getting 66.66% of his actual weekly pay?
5. While he is recuperating from his injuries, has he thought about what other injured workers might have gone through filing a claim for workers compensation benefits?
6. What has he learned from this experience? Would he share it with Arnold Schwarzenegger?
Posted by: anon at May 8, 2007 01:51 AM
ATLANTIC CITY - Gov. Jon S. Corzine has hailed the state trooper who shielded him from a fire in the governor's sport utility vehicle as a hero who disregarded his own safety to save the governor.
Colleagues of Sgt. Jim Ryan, and Ryan himself, say the trooper was doing what he and others in the executive-protection unit were trained to do in an emergency.
IF THE TROOPERS GOT HURT WHILE DOING HIS JOB, AND IN THIS CASE SAVING GOVERNOR CORZINE'S LIFE, IS THE WORKERS COMP SYSTEM IN PLACE GOING TO PROVIDE AND PROTECT THIS WORKER'S RIGHTS TO A FAIR COMPENSATION AND BENEFITS FROM THE WORKERS COMP INSURANCE WHEN HE GETS HURT?
IF THE ARNOLD SCHWARZENEGGER WAS IN GOVERNOR CORZINE'S SHOE, WOULD HE HAVE ANY CLUE AS TO WHAT AN INJURED WORKER IS GOING THROUGH DEALING WITH THE KIND OF REFORM HE HAS ALLOWED TO PASS IN CALIFORNIA IN EXCHANGE FOR THE BILLIONS OF DOLLARS THAT LET THE INSURANCE GET AWAY WITH?
THERE IS A PUBLIC INTEREST AT STAKE HERE. MILLIONS OF WORKERS RIGHTS ARE AT RISK while insurance company are raking in BIllions of profits at the expense of injured workers.
Posted by: wisdom at May 8, 2007 02:28 AM
If the security guard at the lobby is hurt while protecting the people in a building from a shooter gone mad, are the workers comp insurance going to compensate them fairly for protecting the people?
If fire fighters, police officers, school teachers, security guards, and those secret service officers that are protecting our President, Governors, Mayors, and Corporate CEO from getting hurt, and the lawyers, doctors, engineers, a construction workers, farmers ARE NOT GETTING A FAIR TREATMENT from the workers comp insurance and WORKERS COMP SYSTEM has become subserviant to the BIG INSURANCE COMPANY, then WHO will protect the workers? GOVERNOR A.S. better think over the ramification of his SB899. Someday his children or his children's children may become part of the workers in California.
IT IS A SERIOUS MATTER THAT HAS FALLEN ONTO THE INJURED WORKERS as a result of the cuts in workers comp benefits. WORKERS....all workers should think about this SERIOUSLY.
ARE WE SAFER TODAY since the Republicans/CEOs took over our government? GOVERNMENT was designed to keep law and order. Government's duty was to protect it's public interest. WHAT HAPPENed?
Posted by: Public Awareness at May 8, 2007 02:54 AM
It sure is UNCONSTITUTIONAL!!! IS it possible to get the California (or US) Supreme Court to declare it such?
What WOULD IT TAKE???
I am an injured worker from 1998. I just received a denial from the Appeals Court. I have ONE Chance in ONE WEEK to file with the Calif. Supreme Court. I have no attorney.
The WCAB, in 2006, found that I should PAY the insurer over 90k, as an alleged vocational rehabilitation benefit, and/or as a result of an alleged 'clerical' error.
I have fought, almost with success, to get the pathetic benefit that they call VR. Then, when the RU employee of the WCAB retired, they just deemed it one big clerical error!!!
In actuality, I spent close to, or perhaps more than 90k waiting for the alleged 'counselors' to fill out bogus forms. I have been subjected to this for more than EIGHT years and FOUR idiot counselors have BENEFITED as have the WCAB staff. There has been no benefit to me that would return me to suitable, gainful employment. Said counseling has caused me untold mental, emotional, social, spiritual, and financial distress. This is a sick sadistic punishment, parading as a social service, deemed an adequate substitute for my right to sue my employer.
As an injured worker, my right to redress (First Amendment U.S.C.) has been violated, as well as my right to access to employment, housing and social relations, not to mention my dignity as a human being. Oh, and not to mention the eight years of college required to perform the job that the insurer demanded that I not return to. The alleged 'exchange' of rights, i.e. the notion that I gave up my right to sue my unsavory employer, for the ersatz WCAB charade is an affront to my sensibilities.
WHO cares about the WCAB's corruption? IS there any possibility that the Court will correct this nightmare?
If anyone has expertise in this area, please contact me at my e-mail Edna.M.Williams@gmail.com as soon as possible.
Posted by: EW at May 23, 2007 01:52 PM
I am going through the workmans comp nightmare. My back was severely injured 2 years ago. I work for NBC Burbank. This injury happened because of neglegence. I have been treated like a criminal by NBC ever since. I have been rated permanantly disabled at 16% by two doctors. However I can not even begin to perform my duties due to the injury. They tell me that I will receive a few thousand dollars for my injury as a permamant disability settlement. The laws now say that NBC is not obligated to retrain me for a new position or a new job. What this boils down to is that a blue collar worker can not afford to even work in California let alone live there. I actually plan to picket right in front of NBC until I can get a response from General Electric who owns NBC. I will be in my wheelchair!
Posted by: Lee Von Der Hey at June 4, 2007 02:05 AM
Im sure I will get another form letter back from
here, like from all the rest. FIX THE MACHINE,
QUIT PASSING THE BUCK AND FORGETTING ABOUT US
HURT FROM 2004 TO 2008. I was injured May of
2004, Coto's bill ab 338 is just replacing SDI, state
disabilty. SDI is actually is better. IT WONT
CUT YOU OFF FOR NO REASON. the bill helps those
after 104 weeks who don't know about SDI. But
reality is. with all the added injured workers
appling for SDI they will have to increase
funding of SDI to keep up with the added demand
for it.
A third year of TD may actually make it worse
for injured workers as COMP plays their games of
CUT YOU OFF. SDI won't. This TD bill needs to
roll back Arnolds reforms to reasonable levels
and also allow for delays, appeals, etc. my QME
was 5 month wait alone. 3rd opinion was from dec
to may. going through all the games of getting
approvals/denials and long lines to see over
worked DRs. here was 9 months alone and not even
1 , 16th of all they put me through with Therapy
waits, chiro, wanting to do shots in my back
etc. My fellow carpenters union 25 co worker has
same injury off the job injury. 5 mm buldging
disc. mine 7 mm. he's fixed with no hassles
using our union ins and collecting SDI. i hurt
on the job and 3 years and 1 month later, OUT OF
EVERYTHING, cut off TD, expired the 42 and 1/2
loan they gave me against my final settlement.
yes, they loaned me my final settlement to live
on at 200 a week until i get surgery, Approved i
still am waiting to get Approved for major
lower back surgery I CANT GET ! . my co workers
going back to work soon. IM begging for a loan
or i'll be homeless now soon. CUT OFF MAY 12th
He had our INS and dr, said lets not fool with
it and Git R Done. Me COMP conservative.
therapy, all .
I now have developed many comlications, Drop
foot,I loose my bowels, possible very bad nerve
damage. etc, my co-worker brags he's never felt
better. I fall and rip my front door handle off,
stove shattered when i grabbed the stove handle
falling, ripped my bathroom door off the hinges
going down
Arnold will sign Coto's NOW MODIFIED bill.
Keeps Arnold from raising State Disabilty taxes
to cover injured worker. JUST PASSING THE BUCK
back, not fixing the system.
I have seen NO BILLS that even mention us
hurt from 2004 to 2008. We are homeless some. I
will be homeless soon without a loan. How can I
even get my approved of back surgeries when I
can not get shelter or food. IM very serious.
Until i am permanant and stable, my dr will not
even help me applying for SSDI. Socal Securty.
YOUR AMERICAN TAX DOLLARS and MINE.the whole
country is helping CA businesses and INS
companies reap billion dollar record profits.
MY DRs are afriad of SETTLEMENT. wont even help
e get SSDI. EVEN with about 3 years of DRs
excuses stating I can NOT do work of anykind,
EVEN with approval of major lower back surgery,
EVEN WITH MRI's showing the damage to my
back,EVEN SSDI has denied me 2 times already. I
applied early knowing MOST DO GET DENIED and
have to appeal SSDI. People dying appealing
SSDI, still not soon enough. An HEARing now may
take 2 years just for a judge now with SSDI to
hear my case.
Before everyone jumps for joy and BRAGS we
rolled back some of Arnolds reforms. Be honest
to yourself's. YOU FORGOT ABOUT US. you only
helped push through cotos bill is to keep from
raising funding to cover added expenses to State
Disabilty. everyones leaving us unfixed and out
of TD to go homeless Thanks for getting behind
trying to change all this.
But look at the capital. There is more
interest in the Spay and neutering bill for
animals then us. A homeless dog they take car
of. Me, I get sent to the streets to suffer with
my severe pain there. Me and the 5 others i
found online this week in the same boat begging
for help. everyones forgot about us. Help pass
real bills to help us . . YA in 2008 we
replaced State Disability and got COMP to cover
it back! Thanks, If no one see's me online after
rents due in July. You know I didnt find a loan
Bye
Sorry, at least two of the words you used have
been flagged, indicating your message is likely
to be spam. If this is an error, please make
contact another way. Had to abort at (eval 5)
line 1286 , Now trying to email this they call me spam too.
Posted by: Terry T at June 21, 2007 10:48 AM
What did Ca Gov.Arnold call them at the capital " Girlymen " Ya'll forgot completely about us in the middle. 2004 to 2008, If Mr VETO signs any of the bills for comp. hurt now cut off of everything. i haven't seen one bill to help US in the middle like ANON and I! IS THERE 1 ? soon whole families homeless. just like me, awaiting thier approved surgeries ! state sentors and assemblymen afraid to really try fix the machine ! I guess a lot of children and families have to be homeless before all take notice. It's happening, Just now this is begining to take effect as 3 years pass and loans against final settlements/state disabilty runs out AFTER 104 weeks of TD does! How does AB 338 help this, extend anything, add for delays? help those already hurt? I am very serious. Look at ANONs post also, same as me ! Have y'all got your heads up your A******S ! explain why it takes 9 months for just 2 of three Doctors approvals or denials? not counting (all) of the other run around. My co-worker with same type back injury with our carpenters union local 25 INSURANCE, HURT OFF THE JOB ! Is fixed in 9 months ? He's almost ready to go back to work, I have to type this laying down :( FIX THE MACHINE AB 338 isnt extending any benifits in reality. looks more like it's trying to help Arnold save face from having to raise taxes to cover the added costs INJURED WORKERS who are now adding to the State Disbility System and overloading it. Explain to me me how this isn't what your doing? Bet Arnold buys lunch for everyone for helping him save face. Wouldn't look good to raise taxes to cover state disabilty shortages now ! with INS companies reaping billions in profits. I am begining to think Arnold was right " girlymen "
Posted by: Terry T at June 21, 2007 12:06 PM
I think Arnold said enough on Larry King Live !
KING: You talk about workman's comp and the cost of
workman's comp. But workman's comp helps people. There's a need for workman's comp, to take care of workers who are in need. Are you telling the workers of California that you're going to cut their compensation?
SCHWARZENEGGER: Larry, the sad story is that we have the highest costs in workers' compensation but not the best benefits. I have just met the other day a man that was in a wheelchair. His name is Frank. He fell off -- through an elevator shaft, and he hurt himself badly, on the job. He's now in a wheelchair. He can never work again. You know what he gets a month? He gets $800 a month. Now, that is not fair when we have the highest costs here. We are talking about three times as much as the average of other states in this country.
Do you know that it costs five times as much to hurt -- to injure -- to break your arm, let's say, on the job than at home? It is ridiculous. We have to have utilization schedule (ph). We have to have certain things -- how many times should you be allowed to go to the doctor? People go three times as many times to the doctor. There's this whole scam going on between the lawyers and the doctors. And as soon as someone gets injured, the lawyer comes in, says, I can represent you...
KING: This is statewide?
SCHWARZENEGGER: This is statewide. He sends you to a doctor. The doctor examines you five, six times. Then he sends you to an X- ray. Then he does his thing. Then he sends you to the chiropractor, then he does his five sessions. Then he sends you to the physical therapist. And this is what goes on because they want to ring up the cost. That's because the lawyer collects one third of what...look at the other states, what they are doing and model it after those states...
1)First, My Lawyer gets a LOW 15% THATS TOPS he can get. .I went looking and begging for a Lawyer to help me !! forced by the SYSTEM to do so !!I hadnt even been to a dr in about 12 or 13 years before i was hurt. I could not believe what was happening awaiting approvals/denials/etc. what they were doing to me ?
2) Did Arnold help guys like Frank and his 800 a month? or make billions for Ins companies?
3)What crooked Dr or Lawyer did they weed out since reform in 2004 with Arnold AB 899,
4)you have to go to Dr monthly as required by Comp, or TD benifits are cut off. Yes 5 or 6 Dr appointments in a row as I awaited to see the QME they scheduled me 5 months OUT ! Awaiting approval/denial/hearings/etc
5)My cane alone took over 3 months. Was mailed to the wrong address. From a company out of ILLINIOS, who purchaed it from HONG KONG ! I had to buy my own.I needed one now. They are calling US JOB KILLERS. Isn't Ca losing jobs, as the State comp ins fund buys canes from IL companies via HONG KONG? My tens machine to help try and relieve some of my severe pain came from a company out of Wash or Oregon? Arnold we don't even do business with Ca companies with STATE FUND INS
6) I had a DR who MAILED ME PERSCRIPTION MEDS to the WRONG ADDRESS, because he refused to call them into my pharmacy 2 miles away. HE WANTED THE PROFIT of the medication. Requiring me to pay someone to drive over 30 miles to get them. When he mailed the perscription meds to the wrong address. I hadnt been his patient for months ! He wrote a nice letter to me stating after reviewing my case he feels i should try this new medication as he thinks it will help me. 2 bottles full of perscription meds to the wrong address. I had them sent back return mail and reported him to COMP. Anything done to HIM? nawww He cost me months of waiting due to his bad medical pratices. DID it extend my 104 weeks. even turning him in? NAWWW ! COMP itself had to remind this DR i wasnt his patient. He's doing business as usual i hear. AS he wasted MY time and my 104 weeks ran out!My Attorney wasnt in on a scam. Mines great and trying to help me get through this nightmare! I am penelized, Not this Dr!
7) My co-worker from carpenter union local 25 , similar back injury. Fixed/surgery in 9 month from off the job injury. Took me 9 months to just get 2 of 3 opinions of whether i needed surgery or not! His disc 5mm, mine 7mm and another injured too! They ignore this disc as its only about 3mm. same area! He goes back to work soon. I have 161 weeks and farther from approved surgery and complications!
8)what state did arnold and the people at the capital pattern this total nightmare after? What injured worker, Hasn't Arnold bill hurt?
9)The only people who have even listened and not sent me just form letters back is Congressman Dennis Cardoza and Senator Barbara Boxer, and their great staffs. I didn't even get a form letter back from my local Ca assmblymen and senators "girlymen" who forgot us hurt between 2004 and 2008 :( Signed, Soon to be injured and homeless (maybe I need to roll over and Bark )
Posted by: Terry T at June 21, 2007 02:11 PM
First of all - why do insures get to hire 500.00 an hour lawyers and we get ??? Why can they send you to evaluation after evaulation to their doctors at several thousand dollars per visit and we can see our doctors that charge 50.00 - l00.00 per visit? Why do they get to delay everything by years and if we don't jump whenever told to we are jepordizing our "rights"? Why didn't I get paid for 3 months and I'll bet none of the adjusters or lawyers or "experts" went without compensation? Why are our personal records sent around without any regard to the privacy laws for patients? There are several medical offices on the distribution list that I have never seen - seems like a big violation of my rights - but then they never really mattered by this system did they? So since l996 yes l996 I'm waiting for help - still needing 2 l/2 years of surgeries for one area of injury - I don't understand why we can't sue everyone - including the horrid governor of this state - he is at fault - and the lawyers - wow.
Posted by: D McKay at July 10, 2007 11:36 AM
above should have read "and we CAN'T see our....."
Posted by: D McKay at July 10, 2007 11:39 AM
Start an initiative to change worker's comp completely and eliminate the insurance companies involvment and make worker's comp like medi-cal. Period.
Posted by: mike talbot at July 18, 2007 01:14 AM
Start an initiative to change worker's comp completely and eliminate the insurance companies involvment and make worker's comp like medi-cal. Period.
Posted by: mike talbot at July 18, 2007 01:14 AM
Start an initiative to change worker's comp completely and eliminate the insurance companies involvment and make worker's comp like medi-cal. Period.
Posted by: mike talbot at July 18, 2007 01:17 AM
What is the average Workers Comp lump settlement amount for lower back/spine injury in California?
Posted by: savanah at July 28, 2007 04:31 PM
And...what about crooked workers' comp applicant attornies?
Posted by: lori dee at September 7, 2007 11:20 PM
Does anyone of any importance read these articles? I hope there is someone out there that can read all these testimonies and help us. My husband served his country for over 20 years and then retires to work for a small mom and pop business (test pilot school) and falls off a wing. Almost 10 ten years later (May 2008) and 5 back surgeries and now a Moriphine Pump implant (last 5 years) and since all the surgeries several other medical problems exist. He has been awarded 100% disabled by the courts.. But we need to move to Washington state to live close to family (I need help with caring for him) But you guessed it we can hardly find any doctors here to help him let alone in another state. So tell me are we now prisoners of Calif.? He does get social security dis. and 803.00 every other week but if we were to pay for his monthly perscriptions this amount would not come close to cover. Our attorney say's we should be happy about the court awarding 100% and by the way the attorney got his money for that award (70,000.00). We have already done one life care plan (that cost $11,000.00) two years ago now they want another one. We go to see our attorney about every 3 months when we just can't take it any longer and yes he tells us what we want to hear, soon... we'll put it in high speed, then he makes some calls in front of us and we leave thinking great we'll be out of here soon. Then it's another 3 months..
His health has deteriated so much in the last two years... I wonder if he will ever see a settlement?
Posted by: Pat at September 9, 2007 12:11 PM
Pat: Many of the key players in Sacramento read the site. Unfortunately, there are a lot of common misperceptions about the workers' compensation system.
Unless you are an injured workers, a family member of one, or close to one, many do not know, believe, or care about stories such as yours and many others.
While there have been problems with fraud by both sides in this "system," there is a lot of uninformed prejudice out there, and some of the myths die hard. We don't have anything resembling a level playing field and fundamental fairness for the injured worker the way workers' compensation works today.
All I can suggest is that you and others write your legislators and the Governor a personal letter and share it with othrs who are trying to put this system into some kind of balance. You might even want to arrange an appointment, as soon as the current legislative session is over, with your local legislators--or at least a staff member--to talk to them in person.
This will have a cumulative effect. We will continue to point out problems and potential remedies--but it's going to take a lot more--from all of us to make the situation better.
Posted by: Frank D. Russo at September 9, 2007 12:32 PM
I would like to first ask how the son of a reputed Nazi be the govenor of our state. Especially someone like Arnold S. a steroid using , woman chasing, lewd comment maker, etc. He could give a rats behind about anyone who is not on his "A List" and that surely not you or I the little person, we simply do not matter. Worker's Comp in California is a joke, every injured worker is treated like a criminal. You could literaly have limbs missing,blindness, heat attacks and still have to demonstrate you are injured. And to add insult to injury the state determines your treatment, not your treating physician... Heck it is difficult enough to find a good practicing physician, how difficult is it to find a good Worker's Specialist who is also a doctor. So why do they get to control an injured workers medical plan/treatment. Or why does Worker's Comp get to hire ringers to say the patient is not injured? The whole Worker's Compensation plan is a joke and Arnold simply lined the pockets of his rich freinds. Arnold, please return to Austria and you will never be president of this country. As we are not changing the laws to accomodate you................
Posted by: Lisa at September 15, 2007 09:11 AM
Lisa: The sins of the father shall not be visited on the son. I wouldn't focus on Arnold's father--but on the facts of the workers' compensation system and how it is not working for the injured worker. That is bad enough.
There are some bills on the Governor's desk that will help a bit. Let's hope he signs them and keep on him to do the right thing.
Posted by: Frank D. Russo at September 15, 2007 12:47 PM
Lori Dee wrote, "And what about crooked workers' comp applicant attornies?" And, no comments of course. Yes, what about them? Are they in abundance, or am I just one of the lucky few to have acquired one? Replacing him? Right! It's not so easy!!!!
Posted by: Betty Tucker at September 29, 2007 11:31 AM
Betty: Not every comment deserves a reply.
First of all, this is a non sequitur--it has nothing to do wth the court decision and the way that this law has been interpreted and applied.
Secondly, there are not a lot of crooked applicants' attorneys. As in any group of a large number of people, there are some bad apples. I would defy you to name any group that this could not be said of.
I happen to know a little about this as I represented injured workers for 26 years as an attorney.
If you are disatisfied with your attorney--perhaps for very good reasons--you will probably have a very difficult time finding another one because of the way that thw workers' compensation system has been decimated by this decision and other "reforms" that have gone way overboard. There are an increasing number of people injured on the job who cannot find an attorney to represent them and try to navigate the workers' compensation system "in pro per"--that is, without an attorney.
The system itself has become dehumanizing.
Posted by: Frank D. Russo at September 29, 2007 11:57 AM
Mr Russo, I am one of the injured workers that has major complaints with the W/C system. I have written letters to Arnold and others. Can you tell me if there are any active reform groups are lobbyist that I can contact, I want to actively help change this system. Also want legislators should I direct my inquires and frustrations towards. My story is I have lost sight in my left eye due to a chemical accident at work. After 2.5yrs and a couple surgeries. My eyesight has not returned and I have dificuly seeing w/ right eye. Yet my benefits have been stopped and I was presented with a bill of $49,000 by the insurance co recently. Stating I was able to return to employment a few months after the injury, even though they have been monitoring my case for the last 2 years without question. Now I must find work thta does not involve the claimed injury, or face possible penalties. What technical work does not require good eyesight. But they can not provide a list of acceptable employment, and have cut me off from vocational and rehibilation services. I am trying to contact anybody with anything to do with this and appeciate any direction you might provide.
Good luck to all the other injured workers that have expressed their injustice and disrespect received only because they were unfortunate enough to be legitamately injured at work in California. My family and friends believe I will recieve 100's of thousand of dollars because of Workmen's Comp protection and the fact i lost a eye is real. Everybody is so naive to what is really happening and the impossible situation of W/C, until it happens to their family.
Thanx for a forum to at least hear other's view on this legal scam.
Posted by: Anthony R. at October 7, 2007 02:06 PM
In case some are interested how hard our representative are working on the issue. Check out www.cawcforum.com for information on the 2007 CALIFORNIA WORKMEN'S COMPENSATION FORUM, Hyatt Hotel Huntington Beach, Ca OCT 17 - 19. THey are even having Casino Night ! I wonder what will come out of this forum, useful ?
I wish I had the ability to attend as a curious observer.
Posted by: Anthony R. at October 7, 2007 06:06 PM
I have been stuck in the system since 2002. Sadly, WC would not do a thing until I was forced to sign with an Attorney in 2004 because I could NOT get medical care.
I fell literally on my face while at work; several herniated discs and I lost my discs in my both sides of my jaw resulting in a severe TMJ. I have been suffering from severe migraines and cerviogenic headaches on top of unbelievable pain since that date and not one WC Doctor would approve even one day of missed work.
Since signing with the attorney I at least have been TTD'd but WC has denied any and all medications and keep trying to P&S me without any medical care. Everything has been denied as my time is running out. Even my Attorney's Doctor's don't know what to do with me since all my care has been on a lien.
In the meantime I have gone from 2mm herniated discs to 9mm because of my lack of medical care. I can't get a fusion because they deem me to young so they rather send me to biofeedback and P&S me back to retraining to learn to live this way.
I haven't been out of bed for the most part for almost 6 months. I have lost my marriage and my ability to care for my child yet no one cares! I don't want the money I want to be fixed and lead a normal life. Problem is, it's been so long, I don't know what normal is.
This system is screwed up and against the worker! There is no rehabilitation only bandaids that don't last. Nothing is geared towards fixing the worker and returning them to a real life. It's setup only to force you back to work when you can barely function.
Workers Comp is above the law and untouchable. When the Government begins holding them accountable will it then begin to change. Until then it will remain a system to suck the life out of everyone stuck in it!
Posted by: Still Hurt In The System at October 15, 2007 02:16 PM
All this has me worried. I have a w/c claim from 1997 that has still not settled. I am P/S now and am working in another industry. My issues were never resolved and of course at 42 years old, I feel like im 70 when I wake up in the morning. I have come to accept this as part of life now. I am told by the new attorneys office (original one bailed out of the w/c business when he stopped getting paid) that we are pending either future medical or a cash settlement. Logic says future medical is in order since I am getting older and who knows what my medical condition will be like in a few years. If my medical insurance will cover me, then I'll go for the settlement, but otherwise I am thinking future medical is the way to go. Now I am seeing that even with future medical there is no benefit as they constantly deny it. So maybe a cash settlement is the way to go. At least I'll have enough money to start a business I can run and hopefully get some employees doing the job in case I reach a point where I can't work anymore.
Pretty sad isn't it. I was a police officer who was 60 days short of a 10 year pension which would have allowed me some money, maybe enough to eat while sleeping in a 20 year old van on the side of the road :) now I dont get anything and w/c seems to ignore the needs of everyone, I'm sure I'll be no different.
I took my training and finished up my aviation training and now work as a charter pilot. I make ok money, nothing great, and in fact less than I did as police officer. The work is less straining on me though so I keep doing it. Lets hope I can do this long enough to get a pension or at least the hope of the dwindling Social Security system.
Good luck to all...who knows what will happen. Maybe we can all open up an RV park to put our mobile homes in and share our stories. After all, we probably wont be able to afford homes or even pay the taxes on them the way things are going.
Posted by: Greg at October 15, 2007 07:15 PM
Dear Mr. Russo,
I need some help. I am 27 and I have a spinal cord injury. I was injured at work and I do have an attorney, however, my life is changed forever and I am very scared that I wont end up being ok in the end. I have had many sleepless nights and I truely am appoled by WC people. They are all mean and viscious. Even though I have an attorney I am still very afraid. I have been chewed up and spit out this last 2 years and I dont know how much more I can take. Obviously no amount of money will give me my life back. PLease advise me on what to do. I have to try to do whatever I can for me, I just dont know what.... Help please
Posted by: BG at October 27, 2007 08:52 AM
BG and Others: If you want to send me your stories, I will be able to publish some of them. Just use the contact or tip button at the top of the main page in the middle.
I know there are tens of thousands of tragedies out there. There is only so much attorneys in this field--rapidly diminishing--can do, and there needs to be some policy changes and public attitude changes.
Posted by: Frank D. Russo at October 27, 2007 10:01 AM
Mr. Russo,
I was 26 when I got hurt. ( I got hurt in 06) I was employeed as a office manager/bookkeeper and I was going to school full time also. One day the "boss" wasn't around and I worked for a "Hay Company" (agriculture) and a lady came in who was older and needed help loading the hay. So being that I was half her age I did it. But that would forever change my life. I lifted cow hay and they weighed about 150lbs and I probably weighed 130 so the challenge was there. About the 5th bale I felt a stab down my back into my legs. I hit the ground!!! My husband ended up taking me to the hospital and after 5 days later of the Doc's not knowing what exactly was happening, they did a mri and found out that I had a spinal cord injury known as Cauda Equina Syndrome. I underwent surgery and am still going through it a year and a half later. Now to the guts, we'll it just so happend to be that my ex employer has lied lied lied!!! They refused to report my claim and when I got smart and found an attorney. My ex employer denied it saying I didn't get hurt there and told many more lies. And thats not it, then the owners lied and said that I was stealing monies and filed charges but then later dropped them. It has been a huge mess! Somehow they have been able to lie and get away with it. I was making close to 90k a year but they said I only made 8400.00 for the entire previous year I worked for them. So they screwed my taxes up and now I barely get any funds from WC. They threatened me, either I dropped my wc claim or they would prosecute me! I don't know what to do. I am dying!!! I have told the truth since day 1 and I need help. My attorney says he is doing what he can but I am wheelchair bound and I have decided to do some research on my own. I am saddened that in this world there seems to be no consequenses for people who do wrong and lie on purpose.. I recently found out that my ex employeer received 38k in back payroll taxes on me. So who's frauding who I might ask. I not only got screwed from my ex employeer but wc people are very mean and its all about the money. Not about quality of a persons life.. I need to know how to fight for me! There is no amount of money that could ever compensate for me being in a wheelchair and not having a life anymore. Help please. I need to know what to do. These people can't keep taking from me! Are there any real caring human beings anymore?????
Posted by: BG at October 30, 2007 07:30 PM
to those that read this i am 51 years old back in 1997 i was hit an ran over while i was on the job i worked for caltranes five days later when i went to the doctor thats when my life has changed for ever i know what a lot of you are going threw i am 100 per. dis. i have had sevean majer surg. but i need more but like alot of you have to wate for w/c to make a disc. to let the doctors to do so i am tired of this and that is why i am trying to do a comp/and realse so i can get my surgers done a lot faster wc/comp makes money on all of us the money that is there in a insu. bond belongs to each and every one of us this is a game that the state likes to play it is all about money not us they dont care about you are me as long as they make money but it this way at the time i was declard disabled my clam was over 2.5 million so they had to by a bond to cover this you but this in a bank and look what they make on it so this why they dont care about you are me.
Posted by: jesse at December 31, 2007 09:01 PM
to those that read this i am 51 years old back in 1997 i was hit an ran over while i was on the job i worked for caltranes five days later when i went to the doctor thats when my life has changed for ever i know what a lot of you are going threw i am 100 per. dis. i have had sevean majer surg. but i need more but like alot of you have to wate for w/c to make a disc. to let the doctors to do so i am tired of this and that is why i am trying to do a comp/and realse so i can get my surgers done a lot faster wc/comp makes money on all of us the money that is there in a insu. bond belongs to each and every one of us this is a game that the state likes to play it is all about money not us they dont care about you are me as long as they make money but it this way at the time i was declard disabled my clam was over 2.5 million so they had to by a bond to cover this you but this in a bank and look what they make on it so this why they dont care about you are me.
Posted by: jesse at December 31, 2007 09:03 PM
to all of the letters I have read I to have a case to which I HAVE BEEN GIVEN THE SHAFT,2004 to date .
I will say that in the beginning the state said it will try to help did with pennys on the dollar that we have payed into the different programs and
the amount of paper work we have to go through is as real help as handing us gun and telling us to go to war I ALSO AM A VET AND HAVE BEEN GIVEN B.S. AT THAT LEVEL TO.
all I get is more and more court dates and endless
line of B.S. if the state would due what they said it would be different, but they just keep on piling the paper work up and lieing to us ,first they say that they will help and make offers than, walk away and stick it to us tax payers,the companys that are paying for this are also at blame as as the rates go up they drop the insurance companys that are to pay so this starts the claime program all over agian so they do not have to pay and we the worker are in the middle
all the insurance companys and all the companys we used to work for it is a shamm from the insurance company and the employers them self and if you think a national insurance program is going to work agian B.S. THIS IS A WAY THAT THE STATE AND INSURANCE COMPANYS CAN GET INTO BED WITH EACH OTHER.
in the begenning you worked you put into a saving plan called s.s. and if you got hurt and was proven that youre claim is real you got payed what is going on with the system we all lose and the rich get richer. we need to take care of the
workers that build this world !!!
Posted by: red at February 4, 2008 11:07 AM
many md,s are preaching a million man and woman march on Sacremento. Until we clog the streets and protest you will be treated like a dog. i dont care if you have to show up in or on a stretcher. email and blogs dont have the same effect a peaceful riots do. look at the r. king jr. trial and how the african american comunity was heard loud and clear. if only arnold was taken away instead of bobby kennedy. arnold is the devil and we are in his Hell. so we can complain or start a five day blockade or just crawl up in fetal position and allow the adjusters to abort you.
Posted by: jack b notquik at January 16, 2009 01:35 AM
many md,s are preaching a million man and woman march on Sacremento. Until we clog the streets and protest you will be treated like a dog. i dont care if you have to show up in or on a stretcher. email and blogs dont have the same effect a peaceful riots do. look at the r. king jr. trial and how the african american comunity was heard loud and clear. if only arnold was taken away instead of bobby kennedy. arnold is the devil and we are in his Hell. so we can complain or start a five day blockade or just crawl up in fetal position and allow the adjusters to abort you.
Posted by: jack b notquik at January 16, 2009 01:37 AM
many md,s are preaching a million man and woman march on Sacremento. Until we clog the streets and protest you will be treated like a dog. i dont care if you have to show up in or on a stretcher. email and blogs dont have the same effect a peaceful riots do. look at the r. king jr. trial and how the african american comunity was heard loud and clear. if only arnold was taken away instead of bobby kennedy. arnold is the devil and we are in his Hell. so we can complain or start a five day blockade or just crawl up in fetal position and allow the adjusters to abort you.
Posted by: jack b notquik at January 16, 2009 01:38 AM
Same sad story as all of you in previous posts. Got hurt while working in 2006, took two years to finally approve a lumbar fusion, less than 5 months after surgery, October 2008, my compensation stopped, I was told that an AME found me P/S but I did not even see one since the surgery, how can they say that I am P/S?? My doctor said that it would take a good 12 months for the fusion to harden and that we would not be able to foresee what further treatment will be needed till then. My lawyer is never available on the phone and just left me a one line note saying that the AME found me P/S. I am tired of this please someone let me know what is being done so that I can participate. It is ridiculous and we, the people, need to come together and fight these greedy fools. I know, that many like me have so little strength left due to their injuries, the pain they feel daily and the desperation that overcomes them. I want to fight this evil but I feel so alone, even after reading all the horror stories I have read. Please someone put me in touch with an activist group and I will do what I can to fight this BS. I am tired and I have had it up to here with this system. Someone please contact me I am ready to fight.
Posted by: Barbara at March 2, 2009 09:39 PM
Hi,
I 2000 was in a Union and worked for a school district in SD county, Blew out the last disk in my back and was paralyzed for 6 months, they cleaned up the disk so I could walk again and trained me for 12 weeks on how to fix copy machines and gave me $16000. I went from $25 and hour to $10 an hour and had a 15Lb lifting limit. That was with a lawyer.
Well it's 2009 my back went bad again and the med examiner said it is a different injury so WC fixed it. The doctor fused the last vertebrae to my tail bone. I do not have a lawyer so I have received copies of everything and been able to speak with the lawyers my employer has protecting them . Their lawyer says my settlement will be apportioned, I have no idea what they mean. I hope I get around $6 or 7K cause the only real problem I have is range of motion bending forward, just can not bend over like I use to.
Posted by: Bernie at May 14, 2009 02:36 PM
I HAD A LOWER BACK INJURY BACK IN JULY,05 I DIDNT GET A LAWYER TILL JULY 07 WHEN THE COMPANY SENT ME PACKING.I HAD 2 SURGERIES WHERE NOW I HAVE SCREW AND PLATES AND A JELLY DISK IN MY BACK,ITS A L5 DISK.I LOST MY HOME,WHERE I HAVE LIVED FOR 16 YEARS,IT WAS GOING TO BE MY DAUGHTERS COLLEDGE FUND MONEY WHEN SHE GOES IN 2 YEARS.I SOLD EVERYTHING I COULD TO KEEP MY HOME,I WAS UNDER DOCTORS CARE FOR 8 MORE MONTHS WITH NO WORKMANS COMP MONEY.NOW I HAVE LOST EVERYTHING,CANT FIND WORK,HAVE BACK PAIN EVERYDAY.MY CASE IS GOING TO SETTLE AND WAS OFFERED 10K.I WILL NO LONGER BE ABLE TO AFFORD A HOME HERE IN CA.I WAS MAKING 27.00 A HOUR.NOW I LIVE IN A SMALL BEW ROOM OF MY MOMS APARTMENT AND HAVE NO LIFE.I WENT BACK TO 2 WORK 3 TIMES AND THEY KEPT SENDING ME BACK TO DOCTORS.I DONT GET IT,WHERE ARE MY DAM RIGHTS.I DIDNT TRY AND SCREW NO ONE OR EVEN MY COMPANY I WORKED FOR.THIS DAM GOVENOR DONT CARE ABOUT THE PEOPLE WHO ARE SURVING,BECAUSE HE IS RICH AND DONT CARE.IM SORRY IM SO PISSSED OFF,BUT I HAD A GOOD LIFE AND WORKED AND SACRAFICED TO HAVE WHAT I HAVE,I SHOULDNT HAVE LOST IT THE WAY I DID. DAVE
Posted by: DAVID C at June 7, 2009 11:42 AM
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