Bill to Ban Discrimination in Workers’ Compensation Passes California Committee After Powerful Testimony of Milton Jones—But Not Without Opposition

“As I read the proposed language, I don’t see the issue that’s raised by the opposition. Frankly, I also think as an attorney this ability to read something into very plain language, especially language about discrimination is a little magical thinking on the part of the opposition because it says [quoting from the bill] ‘shall not be considered a cause or other facts of disability’—that is, your race shall not be considered a factor of your disability—your age shall not be considered in and of itself as a factor of disability unless manifested.”

Migden’s legislation incorporates current civil rights protections into the state’s workers’ compensation laws. It comes in the wake of a flood of medical reports written by physicians who say they are compelled by SB 899 to apportion permanent disability to factors such as age, race, and ethnicity. SB 899, Governor Schwarzenegger’s workers’ compensation bill passed four years ago, is permitting discrimination against California workers based on their age, race and gender. It allows insurers and doctors to reduce permanent disability compensation awards based on gender, race and age.

You can watch Jones’ testimony beginning at about 31 minutes into the Senate Committee’s hearing on the California Channel’s archives.

Here are Jones’ notes for his testimony before the committee:

My name is Milton Jones.

I currently live in El Cajon, although I’m being evicted and don’t know where my teenage son and I will live next month.

I am a U.S. Navy veteran. I am proud to have served my country as a jet and helicopter mechanic. I participated in many search and rescue missions in Iraq and Kuwait.

After getting out of the Navy, I began working as a cook in the San Diego area. Eventually, I went to work for Costco as a Relief Cook. Part of my job was to clean the large ovens used for cooking whole chickens. I was instructed to do this with a chemical cleaner while the ovens were warm.

This resulted in the toxic cleaning chemicals injuring my lungs. I developed chronic asthma, bronchitis, hypertension and high blood pressure. I had never had any of these health problems before my work injury.

In fact, I had enjoyed great health and fitness. I could beat my son in a footrace – and that’s saying something, as he is a good athlete.

But the medical examiner said half of my disability was due to the fact that I am African-American. He reasoned that since African-Americans as a group have higher incidence of hypertension, that must have caused one-half of my disability.

I was stunned. I didn’t think that you could penalize an injured worker for his race.

I didn’t put my life on the line in the Middle East so African-Americans could be awarded half of what an Anglo man with the same injury would receive.

They went all the way back to my military records and found that I had no problems with blood pressure – even under combat conditions.

Still they said that my permanent disability percentage should be halved due to the apportionment to my “genetics.” The doctor said he believed that African-Americans are more prone to having high blood pressure because of our physical makeup and lifestyle and what we typically eat.

This is racial profiling and discrimination at its worst.

I was in great health and eat lots of salads and vegetables. I don’t live on a diet of fried gizzards.
Here I was being penalized for being “injured while black.”

In addition to the racial discrimination that reduced my permanent disability compensation, the company fought for five years against covering my work injury. During that time, my bills piled up and I had to file for bankruptcy.

I lost my job, my marriage and my home, in addition to losing my health.

I now have scar tissue on my lungs and get sick easily and often. I can’t do much without getting ill and exhausted.

I was robbed of half of my compensation - $17,000 - because I am African-American.
Is this my reward for serving my country and working hard on my job?

It is shameful that injured workers like myself are being discriminated against because of our race, gender, country of national origin, age genetic pre-disposition and nationality.

I will never get the compensation back that was taken away from me by the doctors and the courts.
I know I’ll never get my health or the five years of my life back.

And it was very difficult for me to appear here today in the middle of being evicted.

But I had to tell you what has happened to me and appeal to you to end discrimination against injured workers. Thank you.