Andrea Hoch is not burdened by the niceties of the Labor Code or
statutory interpretation. In providing the regulatory scheme she has
demonstrated that if the facts don't fit her interpretation of the law,
she will go ahead and just make something up. A case in point, the
future earnings modifier of the new permanent disability rating
schedule. No Rand report giving empirical support,...
There is no political will to alter the SB 899 reform
legislation in any way by any of the stakeholders, the legislators, the
governor, or in the appeals courts. This is the story that drives this
lack of political will: 1) Workers' Compensation Insurance premiums were
way too high, driving good employers out of the State [medical costs were out of control]; 2) The...
Lawyers for injured workers and injured workers are bound to be
disappointed by the California Supreme Court's rejection of their
lawsuit against the new permanent disability schedule. At the crux of
the suit was the argument that Administrative Director, Andrea Hoch,
exceeded her statutory powers and did not follow the law as it was
clearly deliniated in SB 899. VotersInjuredAtWork and the California Applicant's...
The assembly insurance committee voted 4-0 to table Alarcon's rate
regulation bill. Another example of the complete lack of political will
to do anything to correct problems associated with workers'
compensation reform legislation. In this case, insurance carriers are
reaping profits by collecting premiums that far exceed the benefits
provided. The employers have yet to see much relief for all of the cuts
while...
Wishful thinkers are relying on the good graces of the courts of appeal
and the supreme court to overturn the draconian effects of SB 899. In
particular, the new rules on apportionment and the new permanent
disability schedule. They took heart in the WCAB decision in Scheftner
which said that SB 899 did not apply to cases in which discovery was
closed pending trial...
Friday at the California Applicant's Attorney Association summer convention, the "congregation" heard several democratic legislators utter their apologies for their votes on SB 899. "It was a mistake" said Assembly Speaker Pro Tem, Dr. Leland Yee of San Francisco.
Of course, here's the problem: the mistake cannot be corrected. There is no political will to do so. There are lawsuits pending to declare the...
Zenith, State Fund, Employers Direct and Republic are just a few of the
carriers who have made double digit cuts in their premiums for workers'
compensation. Here's a question, however. Where are the savings coming
from? Are they coming from denied or delayed medical treatment? Savings
from retroactive application of apportionment to pre-existing
pathology? The cuts in the new permanent disability rating schedule?
Here's...
Has Clyde stepped up to gun down the terminator? Or is he merely going
to do his hair? That's the question after Warren Beatty spends his
weekend commencement address taking on the governor's "musclebound
conservatism." Is is Warren for governor? He fits the profile: Rich, a
celebrity, willing to stand up to the governor. the LA Times report
says (link unavailable): 'Still, as it's...
Here's a terrific quote from Larry White's recent SF Chronicle article (archived): Crafted in secrecy and layered with ambiguity, SB899 has led to major
litigation, slowdowns in an already broken delivery system and bitter acrimony
between organized labor and business groups. The 2003 reforms solved the major
workers' compensation problems. Schwarzenegger's measure created a whole new
set of them. That's Schwarzenegger's workers' comp accomplishment...
