New law delays workers' comp for many (California)

[Judi Lynn]

Tuesday, July 27, 2004 · Last updated 2:05 a.m. PT

New law delays workers' comp for many

By STEVE LAWRENCE
ASSOCIATED PRESS WRITER

SACRAMENTO, Calif. -- Jesse Ceniceros was at the top of his profession as a mechanic for Lockheed Martin when he was injured on the job and fell into California's workers' compensation maze.Now out of work and hobbled by pain, he may lose tens of thousands of dollars in benefits because of the sweeping changes in the system that were pushed through the Legislature earlier this year by Gov. Arnold Schwarzenegger.

The new law, part of a two-year effort by lawmakers to rein-in skyrocketing workers' comp insurance rates, also has delayed or reopened many workers' cases, in large part because of new treatment guidelines that have brought a flood of rejection notices from insurers, critics say.

"Every day we're getting 15 of these rejections or more," says Helen Seagull, a paralegal at a law office in Pomona. "The client calls me and asks me what can I do? Nothing. We can't do a thing."

Among other things, the new law requires physicians to determine the percentage of a worker's permanent disability that is caused by work and the percentage that can be attributed to other factors such as arthritis, osteoporosis and body weight.
(snip/...)

http://seattlepi.nwsource.com/national/apus_story.asp?category=1110&slug=Workers'%20Compensation

[nothingshocksmeanymore]

1. Link doesn't work

[Judi Lynn]

3. It disappeared and reappeared somewhere else......

Looks like it's gone through a rewrite, and reappeared at the Miami Herald, which requires free registration:

Posted on Sun, Jul. 25, 2004





New law causes delays, potential benefit losses for many workers

STEVE LAWRENCE

Associated Press


SACRAMENTO - Jesse Ceniceros was at the top of his profession as a mechanic for Lockheed when he was injured on the job and fell into California's workers' compensation maze.

Now, out of work, hobbled by pain and in need of hip replacements, he may lose tens of thousands of dollars in benefits because of a key part of the sweeping changes in the 91-year-old system that were pushed through the Legislature earlier this year by Gov. Arnold Schwarzenegger.

Other workers who suffer serious work-related injuries could face the same problem if courts decide the new law requires doctors to pin part of the blame for work-connected disabilities on arthritis, osteoporosis or other age-related conditions, even when the worker shows no symptoms.

Body weight and whether a woman had given birth could also affect how much in benefits injured workers receive under the new law, critics say. Earlier this year, a doctor concluded that 2 percent of a hotel maid's abdominal problem was caused by moving a bed and 98 percent by the fact she was overweight and had three children.
(snip/...)

http://www.miami.com/mld/miamiherald/business/national/9241377.htm?ERIGHTS=-5483337792262844006miami:&KRD_RM=3mkmlmmlnkjppmjjjjjjjjjsko|

Let's see if it works for you. If it doesn't, I'll scout around to see if someone else has it.

Funny a California paper doesn't show up with it, and Florida does!

[nothingshocksmeanymore]

5. California papers are employers

go figure :D

[tlcandie]

6. So, how do they determine how much of the overweight and health

issues are due to the assholes (possible) and/or conditions this person works for and/or with? This doesn't count against the company then while only the worker is penalized because he reacted to the negatives in his job in what is seen as a negative way?

Bunch of bullshit if you ask me. Just more crap that tells people they are nothing more than cannon fodder.

[cosmicdot]

2. try linking here

http://seattlepi.nwsource.com/national/apus_story.asp?category=1110&slug=Workers%27%20Compensation&searchdiff=0&searchpagefrom=1

so, while right-sizing "percentage" on injuries ... the injured are out of work and possibly without medical care?

Will such a system bring doctors new liability?

Would there be an increase in litigation over matters of percentage, or will the right to sue be taken away?

[nothingshocksmeanymore]

4. This is NOT rightsizing anything

The liberal construction rule of the California Constitution (the same liberal construction rule that allowed Arnold to get elected) had previously determined (through California case law and other statutes) that the worker was taken "as he is found." After all, companies have the right to get a pre-employment physical to determine that the worker is "fit" to perform the duty they are hired for. This law essentially allows the company to determine them "fit" then pin their injury on a condition that a company as big as Lockheed should have known.

As regards your other question on liability, in California, case law states that a doctor is protected when commenting in a legal capacity (since his report is tantamount to testimony) unless the doc is part of an illegitimate scheme to discredit.

Regarding your final question, there will indeed be challenges to this law, but the law was able to pass because Arnold had an even WORSE (had to believe) law ready to put on the ballot if this one didn't pass (fashioned after Arizona's law) and no one wanted to leave the fate of injured workers in the hands of the same public that elected Arnold. So the challenges had to wait for the end of July since that was the drop dead date for sigs in order to qualify the WORSE initiative for the ballot.