The State of California Commission on Health and Safety and Workers' Compensation has released a report recommending that the permanent disability schedule proposed by Andrea Hoch, the governor's Administrative Director, and adopted on 1/1/05 has cut benefits to truly injured workers by as much as 50%. Democratic politicians spoke recently to the California Applicant's Attorney Association and promised that the cuts will be addressed...
A recent Court of Appeals decision has clarified the formula that should be used in determining permanent disability awards after apportionment to a prior award. In Gallo v. Dykes, the Court has determined that the famed "formula C" in the Fuentes case should be applied. In that formula, the dollar amount of the total permanent partial disability is determined and then the prior dollar...
I was talking with a defense attorney yesterday and commiserating about the increase of doctor depositions. The new statutes intended to reduce dueling doctors by the use of agreed medical examiners and panel qualified medical examiners. The purpose was to reduce litigation costs. And in the long run this may be the result. In the short run there seems to be an increased need...
The workers' compensation reforms of late 2003 did two things that have
seriously impacted the benefits of injured workers, the reforms
eliminated vocational rehabiliation and instituted utilization review.
Utilization review is being used by carriers to deny treatment. One
claims adjuster recently posted in a workcompcentral forum (archived):
Conventional wisdom among applicant and defense attorneys acknowledges that the 05 Permanent Disability Schedule has gone too far. After numerous seminars it is now clear that the AMA guidelines are not internally consistent. For example upper extremity injuries are weighted more heavily when compared with spine injuries. In addition, the competence of physicians in utilizing the guidelines is also inconstent. The one thing that...
The Governor lost. Now what? Does that mean that the legislature can clean up the mess made by SB 899? Not likely, I think. The democratic legislature has shown a complete lack of political will concerning the plight of injured workers harmed by the 04 reform. They seem unconcerned that benefits have been drastically cut. Does the governor's apparent weakness mean that they will...
Yes, for sure the reforms are kicking in and injured workers are getting screwed. Recent studies released by rating experts indicate that the average reduction in percentage disability ranges from 40-74%. When translated into awards for injured workers that can amount to 50% or higher reductions in monetary awards. None of the proponents of the reform were arguing that truly injured workers were being...
Voters Injured at Work (archived) is posting 19 days of permanent disability horror stories. The first installment:
"About Me: My name is Sandra Howell. I’m 46, married and I live in Beaumont, near Ontario.
My Family: I have raised three children: a son, 25; and two daughters, ages 19 and 21.
My Job and What Happened: On May 31, 2001, I was working as...
It must be official, the LA Times is reporting that "employers are reaping the benefits" (archived) of the workers' compensation reforms. The main benefit is reduced premiums and several small business owners are quoted, one with a 45% drop in premiums. Barely mentioned are the delays in treatment and benefits to injured workers. Hardly discussed is the dramatic increase in insurance carrier profits. But...
Under the AMA guides, the maximum impairment rating for a failed surgical back is 28% standard. For nerve damaged upper extremities, post-surgical, the rating can be as high as 60%. An expert familiar with the AMA guides was asked what the logic was behind this disparity. Her answer, the orthopedic surgeons preparing the spine chapters were more conservative than those preparing the upper extremity...