CalWorkersComp.Blog

News and comment about California Workers' Compensation — Page 14

Legal fights brewing?

Read this Reuters article >>> (link unavailable)
The new system for permanent disability is likely to cut benefits to injured workers in a draconian way. The State Constitution and the Supreme Court may be the last bastion defending the "social contract" that is the workers' compensation system in California. That contract had injured workers giving up their right to sue employers in return for...

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While partisan politics rears its head, here's a prediction...

Partisan politics is back in full force according to this LA Times article>>>
Here's a prediction. "Big Business" and "Big Insurance" will not be satisfied with the worker's compensation reforms, most of which will not go into effect until next week and they will make a major attempt to change the system again. Too many changes, too fast, and the benefit delivery system is...

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Hurry up regulations will hurt injured workers...

From the LA Times: "SACRAMENTO — The Schwarzenegger administration has proposed a sweeping set of regulations aimed at revising how workers' injuries are evaluated and their compensation is calculated...


Union officials and worker advocates said the new regulations would reduce benefits for workers. Critics also complained that the public only had a few days to comment on the proposals before they were adopted.

The...

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Defense attorneys take advantage of new law....

SB899 should have been titled, "The Insurance Carrier Welfare Act." The bill applies to all claims, not matter what injury date in a number of significant ways. The most important of which is the new Labor Code section 4663. These sections allow apportionment to "causation." In other words, if you are older, with weaker joints and bones, and you get injured on the job,...

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State Compensation Insurance Fund cuts premiums...

State Compensation has announced premium cuts of 7% (link unavailable). For all of the talk about how reform of the system will cut costs, there is no mechanism to guarantee that if costs are cut, that premiums will be reduced. Watch for the profit announcements from major worker's compensation carriers over the next year.

Muddling through the transition...

Since I have been practicing in the area of workers' compensation in California I have muddled through a few transitions. There were reforms in 1990, 1994, the rating schedule changed in 1997, rate increases in 2003, a reform in 2003 and the most recent changes in the law. Each one of these "reforms" and "revisions" have succeeded in complicating the workers' compensation process. They...

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