SB 863: Real Workers’ Comp Reform to Reduce Costs and Help Injured Workers
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By Angie Wei
California Labor Federation
Arnold Schwarzenegger rode into the Governor’s office in 2004 on the campaign promise to “fix” the workers’ compensation system. Every day in 2004, the media hammered home Schwarzenegger’s talking points that California’s highest-in-the-nation workers’ compensation costs were driving employers, and jobs, out of the state.
In the face of a relentless media campaign and the threat of an extreme workers’ comp reform ballot measure, the Legislature passed SB 899 in 2004—a draconian bill that gutted the workers’ compensation system and created more pain and suffering for injured workers.
Since SB 899, permanently disabled workers have seen their benefits slashed to the bone. Medical treatment is delayed and denied by insurance companies, sometimes for over a year. As a result, injured workers are stuck at home battling insurance companies for the medical care they need, with no ability to return to work.
After eight years of watching injured workers struggle with a slashed permanent disability schedule, we say, “Enough is enough.” Enough of injured workers stuck in a system where medical treatment is delayed and benefits aren’t enough. Enough of workers’ comp costs rising because of administrative costs – money going to claims administration and NOT going to injured workers.
The Schwarzenegger “reform” has failed both employers and workers. The system is still unstable and costs are rising across the board. Now is the time for real reform that protects workers, eliminates waste and reins in costs for workers and businesses. This year, representatives from both labor and management came together to fix the system before we face another workers’ comp crisis. Admittedly, labor and management don’t agree often on many issues. But both sides see the crisis facing workers’ comp, and want to get ahead of the impending disaster before employers and injured workers are crushed by rising costs and no path to increased benefits.
After hundreds of hours of negotiations, a team from labor and management, with the support of the Department of Industrial Relations, has developed a workers’ comp reform package that drastically improves the system, increasing benefits and instituting savings throughout the system.
We have an opportunity, in the next five days, to pass significant workers’ comp reform (SB 863) that would (1) add $740 million in NEW permanent disability money into the pockets of injured workers, (2) mitigate the delays injured workers face getting medical treatment, (3) deliver savings to the employers and (4) actually bend the rising cost curve of workers’ comp.
Not only is this reform proposal good for injured workers and for employers, but it is good for all of us in the union movement. How many times have we been at the bargaining table only to hear employers say they can’t afford a raise or benefit increase, or that they have to cut benefits for family coverage, because workers’ comp rates are bleeding them dry? How much have union members given up in wages and benefits because comp rates are skyrocketing?
Labor and management’s reform puts $740 million into the pockets of injured workers and helps them get timely, appropriate medical care. We have a governor who will sign the deal and employers who negotiated it.
Still, opposition from vendors who profit from the status quo is steep. The question we ask the opposition is this -- what are YOU going to do to get $740 million in new dollars for injured workers? What is YOUR plan to stop the delays and denials of medical treatment? How will YOU stave off double digit increases in workers’ comp costs? What are YOU going to do when union members are at the bargaining table fighting for wage increases and health care, when workers’ comp costs increases have eaten up the money on the table?
Finally... opponents to reform are saying this deal does too much, too fast, too late in the session. The Federation has been fighting to get more money to injured workers for eight years. This year, the Assembly Insurance Committee and the Senate Labor Committee held an informational hearing in March to tee up labor-management negotiations. The Department of Industrial Relations and the Division of Workers’ Compensation held a statewide listening tour to take input from all stakeholders in the system before negotiations started. Many of the medical reform provisions have been passed by the labor-management Commission on Health and Safety and Workers Compensation, through public testimony, written feedback, and public votes to adopt the research.
Why anyone is surprised about this effort is a surprise to us.
This negotiated deal is not perfect, we don’t profess it to be so. But that is the nature of negotiations – no one gets everything they want. Yet, we have a proposal that garners the support of both unions and employers, meeting the fundamental goals of getting more money to injured workers, bending the cost curve, and saving employers money.
There is no other path to getting $740 million back in benefits to injured workers. The Legislature must pass SB 863.
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Angie Wei is the Legislative Director of the California Labor Federation, AFL-CIO, which represents 2.1 million members of 1,200 manufacturing, service, construction, and public sector unions. This article originally appeared on the Labor's Edge.
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Jerry Brown is showing his true colors as a wolf "Schwarzenegger" in "Democrat's" clothing. This Governor appears to be firmly in the pockets of Corporate & like minded special interest. It's just more of the same shady & secret backroom deals w/ special interest, which are not unlike what Schwarzenegger did w/ the SB899 debacle...everyone should be asking how many times has this type of situation has worked well for the general public?
Actual injured workers (remember them?) never get a say in the process, a seat at the table, or is their ever worsening plight considered as they are increasingly lining up at poverty soup lines begging for crumbs in the WC system...they are merely pawns in a dirty & dangerous chess game for big dollars.
None of those pundits behind SB863 has ever been injured on the job; or have they faced this dehumanizing & dysfunctional system that employs diabolical "D" tactics of...Delay, Deny, and Demonizing injured workers...
What Schwarzenegger did to hard working & honest workers who were injured on the job was an outrageous travesty...What Jerry Brown and these insider cronies are doing is much worse; adding more insult to injury...rubbing salt in the wounds of every California average Joe that gets up each day & goes to work...not knowing they are just an injury away from being tossed into a never ending cycle of dehumanization and sorrow.
The California Workers Compensation System is so dysfunctional; it doesn't need another bad reform...it needs a serious dismantling...the Great Compromise has turned into nothing more than a Great Corporate $Give Away$...& a never ending nightmare for anyone who experiences a significant injury on the job & is thrown into this unforgiving and grossly unfair system.
Injured workers deserve better...as citizens of a Nation that once prided itself in the rule of law & equal justice for all....isn’t it about time to once again allow those wronged & injured in the work place by no fault of their own; the constitutionally promised ability to seek actual justice in a court of law before a jury of their peers...not in some Sacramento derived & rigged system that only serves the bureaucrats & money barons.
quote from an appellate lawyer "What an ideal world it would be for business if injured workers just accepted the few crumbs they get, did not contest the denials, just remained silent and unrepresented. If only these injured workers would be sheep that go quietly and without protest to slaughter instead of hiring lawyers to help them with their claims."
With all due respect to Angie Wei; This bill sb863 in actual reality decreases benefits and due process rights retroactively to most injured workers. It places injured workers further under the thumb of the insurance barons who are all about profits before all else. sb863 decreases access to unbiased & needed medical care..
The secrecy in which this bill has been created and exclusion of effected parties from the process is wrong & is enough in itself to make this poor legislation. This attempt to ram rod a bill through the legislature without proper & independent evaluation of sb863 devastating effects is plain sleazy. Angie Wei appears to be just another Sacramento political animal wearing different bureaucrats stripes; making workers comp & injured workers once again nothing more than a political football. She does not speak for the many thousands of injured workers in California. So who is she really speaking for?
This is a bad bill, bad politics, bad policy, and another horrendous & inexcusable set back for the good workers of California …
I fully agree with the above comment. As a psychiatrist who has been involved in the system for 20 years (with a "defense" reputation - I am certainly not carrying water for applicant "mills") I can confirm what the article states regarding the decimation of the system over the last several years. I have personally seen patients of mine suffer needlessly due to clinically vacuous, corrupt UR determinations, and I have evaluated 100's of QME/AME in which legitimately injured workers never received indicated treatment. This bill will only make things worse. "The devil is in the details" and the details are NOT friendly either to legitimately injured workers nor honest doctors. The insurance companies already are out of control, manipulating the law, disregarding the law. This will only make it worse. True reform is needed. But this is NOT true reform. No Difference from the last go-round, when I contacted every member of the "select committee" to offer non-partisan, clinically-sound suggestions - and all I got back was being put on every campaign-fund solicitation mailing list, Dem and Rep.
Angie Wei is a lobbyist for the AFL-CIO, NOT for union workers.
She should resign, effective immediately. We don't need anyone who doesn't represent union injured workers & she certainly does not represent private workers either. We don't need another layer of doctors who receive thousands per injured worker report that negates injuries or illness caused by unsafe & unhealthy workplaces by employers that are criminally sanctioned by the state of CA. among other states. This a the height of betrayal on all workers, injured or not! There should never be a Union type trade off of any benefits for workers who are already suffering the biggest indignity called workers compensation. This tradeoff never worked for union members & certainly doesn't work for them after the fact. Unions do nothing to protect their union members at the workplace!
All rhetoric. There is no substance to the Wei's statement that benefits increase by $740M. In fact that number is grossly overstated.
Wei negotiated on behalf of less than 13% of California's working population. In the meantime she has thrown those most affected by work comp - laborers not covered by collective bargaining - under the bus.
Injured worker A was robbed at gunpoint but suffered no injuries. Under your plan, he/she can file a claim for psych.
Injured worker B was robbed, beaten, raped and seriously injured in a gunpoint robbery but since they were physically injured, a psych claim would be barred under your law.
Injured worker C does not get along with his/her supervisor. Files a claim because this is not barred (no physical injury).
Injured worker D has a spinal cord injury due to a ladder fall but is barred from a psych claim for depression and suicide attempts under your law.
So your law effectively bars the most serious injury claims.
Clearly you have not thought this through. I can see barring sleep and sex claims, but an outright ban of physical mental claims is cruel and hurts IWs.
This is very well stated. One of the major problems with this bill is the very thing noted in these examples. Obviously, the ramifications of this bill have not been thought through, and the exclusion of injured workers, attorneys, and physicians from the process of creating the "reform" is outrageous.
Angie says: "The Schwarzenegger “reform” has failed both employers and workers. The system is still unstable and costs are rising across the board. Now is the time for real reform that protects workers, eliminates waste and reins in costs for workers and businesses. This year, representatives from both labor and management came together to fix the system before we face another workers’ comp crisis. Admittedly, labor and management don’t agree often on many issues. But both sides see the crisis facing workers’ comp, and want to get ahead of the impending disaster before employers and injured workers are crushed by rising costs and no path to increased benefits.
After hundreds of hours of negotiations, a team from labor and management, with the support of the Department of Industrial Relations, has developed a workers’ comp reform package that drastically improves the system, increasing benefits and instituting savings throughout the system.
__________________________________________________________
Indeed SB899 has failed both the Employer and Injured worker and further place abled workers at risk if or when they become injured at work and become subjected to only one recourse--a dysfuntional workers compensation system. The SB899 promised a reform that would save millions of dollars in improved service delivery and at the same time raise the lebel of benefit to injured workers comproble to many States around the nation. Instead the collateral damages resulting from SB899 were the opposite for the employers and labor. In fact the only players that benefitted in this are the Insurance Corporation and the Politicians. The services delivery did not improve, in fact it created another layer of COSTLY and ineffective bureaucracy. I am referring to the duplicative functions of the ineffective; dispute driven UTILIZATION REVIEW examination. The results of that is the three D's that is described above--Deny, Delay, and Demonize. Where such power to provide "proper medical delivery" to injured worker (like myself) is relied upon --what I called a ghost doctor. A doctor who has never seen me nor have I that more often than not, has countered a medical opinion of my physician that actually made such medical treatment request. It is not only me that is being demonized but also an insult to my physician that is well respected among his peers, with more than twenty years of medical experiences and a Qualified Medical Examiner who has requested the treatment. The INSURANCE has a way of pitting ONE doctors' opinion over another. The latter off course is generally at the side of the Insurance that employs them (which in itself--a conflict of interest) not to mention another COST increases to the workers compensation system.
In the middle of this and the "politics" of the DIR, DWC, DOI, California Chamber of Commerce, Labor Union Leaders, the Justice system and the legislature that depend on INSURANCE LOBBY campaign contibutors; and THAT CONTROLS and complicated the workers compensation system in California are the INJURED WORKERS--who in this whole mess are ENTIRELY left VOICELESS.
The INJURED WORKER was supposed to be the center and most important part in this WHOLE debate. Instead every stakeholder are capitalizing from their own particular agenda at the COST of the INJURED WORKERS.
Defense and Applicant Attorneys and the Judicial System are profiting from a dispute regarding LAWS that govern the WC Systems. THE Corporate Lobbyist are capitalizing to control the workes compensation system, The Politicians are capitalizing on Lobbyist for their Campaign contribution and in exchange for their votes and political favors regardless of the impact it may have on the system; The Chamber of Commerce having a reign on and access power over DIR, DWC, SCIF, SIF and capitalizing on membership fees from their corporation; Pharmacuetical,Medical appliances and equipment company and members of employer of all sizes of business for thier existence.
While the injured workers and their physicians are left at the mercy of the Insurance Corporation that has a hold on the whole workers comp system. Everyone of these "stakeholders" has a financial interest that is driving the COST to workers comp to a unsustainable level. The INCREASE in cost has to come from somewhere. In the past I have observed that the first line of attack is to CUT BENEFITS TO INJURED WORKERS whether by means of delay; deny or demonizing them to give up their rights to benefits. The second line of ATTACK is the fear factor and threat to increase RATES OF WC Insurance premiums to the EMPLOYERS. So this tug - of- war does nothing for either one. It only pit LABOR against EMPLOYER. Which is the THIRD line of attack. Regardless of the outcome--the Politicians and the Insurance CEOs often reaps the favorable outcome.
WHEN in fact THEY are actually the problem in this SYSTEM. What ever decision they will be making in Sacramento, the public (EMPLOYER/EMPLOYEES/INJURED WORKERS/CARE PROVIDER) will have to live with it. And as I see it, WE (the people of California)ACTUALLY have a BIGGER STAKE if this bill SB 863 turn out to be WORST. It would be another tax payer resources that has been spent out and WASTED out of the CITIZENS' TREASURY; that could have been spent for better uses that will serve Californian as a WHOLE, particularly in this current economic climate.
IT IS BEST THAT THE PUBLIC HAS ACCESS TO THE DETAILS so WE can examine it. As everyone knows in this industry empirical data proves that INJURED WORKER's BENEFIT has been reduced by 40% to 70% as a result of the SB899 "reform". And, many conflicting and unclear laws that has been passed as a result of SB899 COST the industries another substantial amount of legal fees when litigated (i.e Cost-of-living-Adjustment). Had it not been for the astute eye of the accountant that discovered this FLAW in the law, there would not have been a final decision made by the California Supreme Court just over a year ago in 8/11/11, albeit the high-courts has the last say and for that a decided opinion is made, the legality is still remains a big question.
That will come in time when all the FACTS to the Legal DUE PROCESSES of the Plaintiff in this case (Baker v WCAB,XYZZXSJ02)nd ALL the POLITICAL FORCES and players behind the scene is REVEALED in the FUTURE.
Tom Rankin of the California Alliance for Retired Americans and a longtime advocate for injured workers provides an important historical perspective to this debate.
http://www.calaborfed.org/index.php/page/history_shows_sb_863_reform_the...
No surprise that California Labor Federation is circling their wagons with like minded corporate interest....it's their own back room secret sweet heart deal...& Rankin after all is a member of their bureaucratic country club..
Just maybe for once organized labor leaders should start listening to the actual workers they are supposed to be representing; especially with a little wake up call like Proposition 32 looming over them...
So what are those who are actually concerned with injured workers rights and labor saying....
http://www.indybay.org/newsitems/2012/08/28/18720457.php
Wei & Brown might want to take heed before it's to late..
Your argument ignores the obligation to justify cutting out the most significant of disabilities, psychological impairment caused by physical injury. Try justifying it without being arbitrary and discriminatory.
Note the folks behind this Workers Comp Sham, Angie Wei and Shawn McNally, both members of CHSWC. Also note that their is no representation of injured workers in these negotiations, just a bunch of rhetoric to ram down our throats.
If this state seriously wants to create a reform, a very bad choice of words as the definition of the word reform means “the improvement or amendment of what is wrong, corrupt or unsatisfactory!” then all sides of the issue should be represented equally and maybe the person or persons who this system is supposed to help out will indeed get the help that they need, not just a bunch of chump change from some very greedy employers and insurers.
Dear Ms. Wei
As a doctor of chiropractic involved in the workers compensation system I couldn't disagree with you more. On the other hand I strongly agree with the comments from Stan and Trotdoc. Although SB 863 is being hailed as a “reform” that will increase benefits to injured workers, this bill does the opposite by dramatically and adversely limiting medical care to those injured at work. This bill will give unilateral control in all aspects of medical care to the insurance carriers. It will be easier to delay and deny medical treatment to injured workers, by allowing faceless doctors, many of whom are out of state, to render decisions regarding treatments that cannot be challenged.
As Stan noted above, the worker’s compensation system in California is large and complex, affecting a large variety of stake-holders. And in its current state, is dysfunctional at best.
I have seen many of my patients wait unnecessarily for medically and necessary care because of adverse U.R doctors determinations that frequently cite, quote and manipulate the same guidelines over and over again to deny care. If one was to listen to these doctors there are no effective treatments out there for many of the orthopedic conditions we are asked to treat. I can give many examples and cases where the patient has undergone a QME/AME evaluation in which the evaluating doctor outlines specific treatment recommendations, only to be denied by the U.R doctor, who never physically evaluated the patient at a later time when a request for treatment is submitted.
There is simply no rationale for attempting to move through such a far-reaching piece of legislation in the waning days of the legislative session, without proper vetting and review and most importantly, input from injured workers.
Ms. Wei, are you really this stupid, or were you bought off? $740 million in new money to injured workers? And how does that happen with ratings going down because medical conditions are suddenly lopped off from consideration and the DFEC variable is eliminated? And we are to believe you because you are now the representative of all injured workers? How convenient that you leave out of the negotiations the California Applicants' Attorneys Association, the group most able to analyze the implications of legislation for injured workers. As soon as they looked at it -- as soon as your unseemly cabal was revealed -- they determined that for very serious low income earners their permanent disability money plummets -- where's that factoid in your propaganda? And you want to solve the medical problems that plague our system now due to Utilization Review nonsense by eliminating the only protection injured workers have left: review by Workers' Compensation Judges? This is dirty, dirty politics at the expense of those who can least afford it. You should be ashamed of your participation in this fiasco.
VIAW organized a protest this morning in LA that had over 500 people participating. Tomorrow is the last day to show our suport for the injured worker. OUr support for them and opposition to this bill must be clear, that this bill will severly impact the lives of injured workers. Havent they suffered enough with SB899
A lot of you have been waiting on the sidelines to see what will happen. I urge you all to please get involved. Do your part by attending this protest. Direct your patients, family members of injured workers and staff members who care for these people being abused by the politicians, show support for these injured workers by Showing up to the protest tomorrow at Governor Brown's Los Angeles office.
Cause: Protest to defeat SB863
Date: Thursday 8-30-12
Time: 11am - 1pm
Location:
Governor's Office
300 South Spring Street
Los Angeles, CA 90013
Corner of Spring and W 3rd Street
SFGate opinion Health insurers owe nearly $74 million in rebates to Californians - latimes.com news Subsidized health insurance 'marketplace' best rate online takes shape - San Jose Mercury News news Most Calif. for-profit colleges lose state grants - AP State Wire News - The Sacramento Bee news ignored gaps in data, engineer says - SFGate news
For the sake of injured workers and the public who will ultimately have to absorb the impact of their disability, reject the SB 863 workers compensation “reform.” The proposal to disregard mental disorders caused by physical injury when determining disability compensation is contradicted by science and lacks any valid support. This arbitrary exclusion was narrowly crafted in secret to benefit only a narrow segment of the population. The only advantage is for businesses that want to be excused from their responsibilities and shift them to the public deficit.
The exclusion of mental disorder is discriminatory on the basis of the disability that is the most significant -- with no other valid justification. The most definitive research conducted in the last seven years on the impact of an industrial on an injured workers’ future earning capacity was performed by the Rand Corporation on behalf of the Administrative Director for the Division of Workers’ Compensation in 2004/2005. It determined that when comparing all types of injuries -- from orthopedic, neurologic, internal medicine and others -- the most significant injury to result in a diminished future earning capacity came from psychological injuries. That is why psychiatric injuries are assigned the highest diminished Future Earning Capacity modifier (FEC, Category 8, 1.4 modifier). The vast majority of psychological injuries were compensable consequences of an industrial orthopedic injury. That is what 863 proposes to exclude.
The proposed “reform” is being falsely advertised as a way to make up for the 60% cut in permanent disability payments to injured workers that resulted from the 2005 law. In reality, the proposed changes would cut benefits for low wage workers, older workers, workers who cannot return to their jobs, workers who cannot earn what they used to make, and those with mental disorder. Psychological problems caused by brain injury would receive no permanent disability even though the Rand data show that these injured workers suffer a 49% loss in earnings --compared to 14% loss for the average injured worker.
The assertion that the state’s economy is better off with the proposed changes must be proven rather than simply assumed to be true. It is suggested that the economy is drained by money that flows from employers to insurers to injured workers, lawyers, doctors and workers in offices that handle the claims. But the jobs associated with handling claims contributes no less to the economy than the jobs from sectors who cry out for lower insurance premiums. Both sets of jobs circulate money in the state’s economy.
The path that makes the least demand on the public purse will be best for the public. Disabled people without workers compensation benefits will seek support and treatment from public resources. And if psychologically impaired people cannot support their children, the public is expected to do so. It is not as though 863 will end psychological disability and magically restore their earning power.
Compared to the proposal to excuse insurers from one of their more expensive responsibilities, maintaining the status quo would place less demand on public health, welfare, public disability and new unemployment claims. Why should this private responsibility be passed to the public and increase the deficit?
At the very least, the proposal should be studied via hearings rather than rushed through in secret. If the proposal is as beneficial for the public as proponents would have us believe, they have nothing to fear from hearings.
Why is it that our elected geniuses seem to think that money fixes all problems. My guess is that the injured will have to spend their new money on treatment that will no longer be provided. Doctors in the comp system will be paid 80% of what a doc in Medicare is paid. What specialist will want to be in the lowest paying system in California. It will be virtually impossible for them to be profitable in the Calif WC system. Psychiatric claims will be gutted in that you cannot be depressed if you get hurt, have chronic pain, lose job, house, and more ... Unless the psych problems stem from a violent crime...
There are so many problems with this system, and this Bill just adds more and more. It is amazing that we Californians have been in the top 10 in workers comp costs for 9 of the last 10 years, and that one year we weren't top 10, we were 13th. I wonder where we fall in benefits paid to injured workers as opposed to administrators/insurers...
Insurers making billions on the broken backs of injured workers
This is a travesty when Labor Unions are for a system overhaul where benefits to the employee are once again obliterated. How can you be for this RIDICULOUSLY ASENINE bill? I wonder how much money the unions are getting from insurance companies. I have helped injured workers for the last 10 years and I have NEVER seen a union go to bat for an employee. I have seen them stand by and let the employers treat employees like crap and be fired as a result of reporting work comp claims. Unions just take money from people and don't do a damn thing. I would never join a union because I CAN do BETTER by MYSELF!!
Thank you...you are absolutely correct in your statements.
VIAW organized a protest this morning in LA that had over 500 people participating. Tomorrow is our last day to make a statement. That statement has to be bold and clear, that this bill will severely impact the lives of injured workers.
A lot of you have been waiting on the sidelines to see what will happen. I urge you all to please get involved. Do your part by directing your patients and your staff members who support and care for them to the protest tomorrow at Governor Brown's Los Angeles office. Havent these injured workers suffered enough with SB899??
And if this bill was to determine the best thing for the injured worker, why werent they invited to this "secret" meeting? shouldnt they have had a say? shouldnt their voices have been heard?? Did anyone ask them what they thought was fair?? Gov Brown didn't.
Cause: Protest to defeat SB863
Date: Thursday 8-30-12
Time: 11am - 1pm
Location:
Governor's Office
300 South Spring Street
Los Angeles, CA 90013
Corner of Spring and W 3rd Street
Having worked in the workers compensation area for the past 10 years in particular working with orthos and psych doctors, I can say without a doubt that psych claims are being added to every single claim out there. For every 100 claims I see I might see one that does not claim psych injury. There use to be very strict criteria for meeting the threshold for psych claims and they were few and far between. However, they (attorneys and doctors) have found a way around that in that every applicant with a physical injury now gets diagnosed with a Pain Disorder secondary to a general medical condition. So that technically they are not opening a psych claim per se but they are adding a psych component to the physical injury. They are referred to an AME in psychiatry (who is chosen by the applicants attorney) who then determines that the applicant is in need of immediate and aggressive psychiatric treatment. The applicant then gets referred to the AME's colleague and psychiatric treatment begins by loading the patient up on psyche meds that all have horrible side effects and need to be managed by a psychiatrist on a regular basis forever. Then they start psychotherapy with a psychologist who is a colleague of the psychiatrist (sometimes in the same office). And from there it literally never ends. Even when a patient is eventually declared permanent and stationary they continue with psych treatment indefinately. And if the insurance company dares question the never ending treatment and medication regimen, the doctor simply uses scare tactics by saying that if the patient does not get these medications they will become suicidal and require inpatient treatment (which can actually happen which is why these meds are dangerous and being overused and abused). So by putting these patient's on these medications the doctors are basically lining themselves up to treat the patient forever. I think that most of the people that are out there screaming about SB863 are all people that are benefiting from the system as it is, whether it is an applicant attorney, the doctors particularly psychiatrists and psychologists, or the patients themselves, many of whom have not worked in years and years following a minor sprain/strain injury. If people on this page want to have a serious discussion about work comp then I say lets do it but lets not kid ourselves about the fact that many many people are profiting from this system at the expense of many small business owners. Claims are expanded to include every and any body part whether it was part of the original injury or not, they are all deemed compensable consequences. Virtually everything that happens to a person following a work comp injury is tacked on to the work comp claim. This is just wrong and it will continue to hurt the economy in California until something is done about it.
What an unfair and inaccurate characterization of the work that psychiatrists and psychologists do in Workers' Compensation. Where do I start? Well, first of all, AMEs are not chosen by applicant attorneys, nor are applicants referred to AME's "colleagues" for treatment. It is simply a lie to say that "every" case it treated for lengthy periods of time. At the clinic where I work, the average course of treatment is somewhere between three and six months. And that's for people with legitimate conditions. The ones who aren't legitimate, we turn away. The comments about medications for psychiatric conditions are just plain ignorant. Like anything else, the medications can be abused, but they can also be extremely helpful to people as they struggle to get through a difficult life crisis. Your characterization of the system being crowded by people who haven't worked in years due to a minor strain/sprain injury is a gross exaggeration. Sure, there are abuses. But to take an entire class of medical professionals and accuse them of collectively ripping off the system and acting, as a group, like a bunch of criminals is simply outrageous. It's people like you that make our jobs more difficult.
Dear Assemblyman XXX ,
As a constituent of the XXth Assembly district, I write you this message to implore you to vote NO on
the pending legislation SB 863, the Lieu/DeLeon/Solario Workers' Comp Reform Bill.
This bill was written behind closed doors by Big Labor and Big Business, and has never been discussed in
the public forum by all of the other stakeholders. As most can agree, the law of unintended consequences
prevails in cases of rushed legislation - I would hope that you are against "pulling a Pelosi" by just
"don't read it, just sign it and we'll litigate it later" action.
This is a major change to the California Workers' Comp system and should be afforded the time to be read,
digested, and the secondary consequences understood by all affected parties - and not rushed through
the process at the eleventh hour.
No doubt both the California Applicant Attorneys Association and the California Society of Industrial
Medicine have already made available to you some of the negative consequences of this bill - but the one that
stands out as the largest is the potential litigation of the lien filing fee as an unfair limit of
access by the applicant to the legal system. Does the State of California really need the cost of a
protracted legal battle in this area?
While many of the changes proposed in this bill are much needed, it is my firm belief that rushing the
bill through the legislative process, without transparency, does a disservice to both injured workers and the
honorable legislative process. Again, I ask you to just say no to this bill until it has been thoroughly
vetted by all the stakeholders.
Why would a paid union spokeswoman be for SB863? There are a few reasons but one them is certainly the view coming from the union International bosses who fear the loss of their cushy jobs due to injured workers filing claims for losses due to job related injuries. This view has been developing for a number of years beginning in the middle 90's with the ADR programs started by the construction unions. Employers were telling the unions that contracts were in jeopardy if something was not done. The union bosses were listening and developed one-sided secrete agreements that went so far as to deny their own members access to a lawyer.
These agreements here in California were never approved by the membership even though the law required such agreements to be in the collective bargaining agreement. The state played along and accepted illegal agreements that were submitted to them even though they knew they were illegal because they were not part of a CBA. The Administrative Directors (Casey Young at the time) refused to approve the agreements and instead simply stated that the agreements were approved as to having all the documents submitted but not approved as to legality. Few questioned this process and these agreements became workers comp law for the construction union's membership. In other words the unions sold their membership out to the employers to take pressure off the contract issue.
Additionally, there was the issue of the international union bosses' attempt to direct who would be the insurance company for these ADR programs. These bosses' wanted to use a specific company (that they had privately invested in) for these agreements. Of course, this would be illegal or a breach of fiduciary duty to their membership but remember who these people are.
So, why would a union spokeswoman be for SB863? Ms.Wei simply wants to protect the jobs of union bosses and that is what she has been told to do even if the injured union worker is sold out for the greater good! Sounds something like "from each according to his ability, to each according to his need" doesn't it? There can be no doubt that she is fronting the union line on behalf of the bosses and is not doing a thing for the injured union worker. With friends like her you don't need enemies.
Last, keep in mind that Ms. Wei is a tried and true Berkeley Liberal and is also helping the governor out with his tax initiative. SB863 is the bone the governor is throwing to the business community so they won't fight his tax bill coming up in November. Check out her bio and it will become clear who she really is passionate about.
Union people and non-union people need to fight this thing. Obviously, the unions have adopted the every man for himself posture and the governor will do anything to get that tax increase for his masses. If he signs this bill punish him by voting against his tax initiative. Better yet let him know that that is what you will do before he signs it. As far as the unions go let's get Ms Wei's resignation sooner rather than later.
You guys have to be delusional. Passing SB863 in such a short period of time is not only inappropriate but irresponsible. Was worker's comp reform necessary? Absolutely, however, passing a bill with such short notice is going to have so many flaws which will require another reform 2-4 years from now. This will likely occur after the costs have once again risen beyond what they were expected. This is simply a small band-aid over a large wound. I am extremely dissapointed at our legal process, and this will certainly lead to increased unemployment in California. It will undoubtedly affect physicians bottom line (I being one). Believe it or not, most of my colleagues have already decided to lay off some of their staff members. Some of them employ 10-15 individuals and they are seriously considering laying off at least half their work force before years end. This is tragic and not what our state needed at this time.
Once again, I am a practicing physician in the Worker's Compensation arena, and I did feel reform was necessary.
The whole point of this policy is to bring us all to our knees to accept the new paperless or electronic monetary system. Its a kind of psychological warfare. They know
what they are doing.