PROTECTING WORKERS’ COMPENSATION BENEFITS
Action item regarding California Worker's Compensation policy that the governor wants the legislature to pass by March 1. The legislature is starting a series of hearings about the bills this week.  The legislative director of the California Labor Federation sugested faxing letters of opposition to the Assembly Insurance Committee, so they can be added to the bill analysis; the fax number is (916) 319-2186.

On behalf of all California workers, we ask your support in opposing Assembly Bill ABX4 1 (2003, Abel Maldonado, and a companion bill by Senator Charles Poochigian, SBX4 3), which will severely restrict injured workers’ rights and benefits. This bill is supported by the Governor, the Insurance Commissioner, the Chamber of Commerce, and other business interests. (For details, do a bill search by subject [workers compensation] at www.leginfo.ca.gov/bilinfo.html.) The worst parts of these bills are summarized below:

1. Fewer injuries would be covered

Injured workers with cumulative injuries (caused by repeated exposures or repeated events) would be responsible for showing that the injury was “substantially caused” by work.

2. Employers would be allowed to veto the injured worker’s choice of doctor

Workers would not be able to predesignate their personal doctors, and 30 days after an employer learns about a worker’s job injury, the worker would not be able to switch to his or her doctor of choice unless the employer or insurer agrees. Under current law, employers or insurers lack veto power.

3. Injured workers would no longer be allowed to challenge many types of medical reports

Injured workers would only be allowed to request a medical evaluation to challenge the treating doctor’s medical reports if the dispute concerns whether or not the injury is covered by workers’ compensation, the extent of permanent disability, the worker’s inability to return to his or her old job, or the existence of a new and further disability. Current law allows medical evaluations to be conducted to resolve all medical disputes, including disputes over the worker’s ability to work while recovering, whether the worker’s condition is permanent and stationary, and the medical treatment that is needed.

4. Eliminate worker’s right to present evidence on the need for treatment and to resolve disputes

Employers and workers would be allowed to request “independent medical review” to resolve disputes over what medical tests and treatment are necessary. The medical professional conducting this review would only review written reports and would not see the injured worker in person, and his or her determination could not be appealed.

5. Permanent Disability (PD) benefits would be reduced or in some cases eliminated

Increases in PD benefits that were enacted in 2002 would not be implemented unless California workers’ compensation costs are equal to or less than the national average. Percentage ratings of PD would no longer include subjective findings of pain or other symptoms that cannot be directly measured or observed by a doctor, and would be based on the injured worker’s “adaptability” to perform a given job, even if the job were not made available to the worker on a long-term basis. Current law allows ratings to be based partly on pain and other subjective factors and on the worker’s reduced ability to compete for jobs in the open labor market. PD benefits and death benefits would not be available if the work injury was not the predominant cause of the worker’s disability or death.

6. Injured workers would no longer have civil remedies for discrimination and retaliation

7. Penalties for unreasonable delay or denial of benefits would be drastically reduced

Persistently poor audit performance by claim adjusters demonstrates the need to increase, not decrease, penalties.

8. Repeal a new safety program before it even gets started. Improving workplace safety is a “win/win” situation for both employers and workers and should be promoted, not restricted.

The proposed changes will make life miserable for injured workers. You could be next. Legislative changes in 2003 already made life more difficult for injured workers, particularly those with cumulative injuries, by limiting chiropractic treatment and physical therapy to 24 visits per industrial injury. Please contact your state senators, Assembly members, and the Assembly Insurance Committee to protect our already eroded workers’ compensation rights. Local offices of Bay Area legislators are listed below. For others, go to www.sen.ca.gov/ and www.assembly.ca.gov/. The legislative director of the California Labor Federation sugested faxing letters of opposition to the Assembly Insurance Committee, so they can be added to the analysis; the fax number is (916) 319-2186. And please write letters to the editor to give workers’ side of the story.

Source:
Joan Lichterman
Founder and Coordinator (1990-1999),
East Bay RSI Support Group;
Co-founder, CTD Resource Network, Inc.
Local 1 Exec. Bd., UPTE-CWA 9119, AFL-CIO
home: joanebay@mindspring.com
work: joanl@berkeley.edu
work: (510) 642-9103; cell: 414-3899

5:09:24 PM    comment []

High Road Economics @ Work: A conference of applied solutions -
[see speakers listed below]
February 27, 2004 - Buffalo, NY
http://www.ilr.cornell.edu/highroads.html

For more information, contact Diane Luzi at 716-852-4191 or <mailto:dml30@cornell.edu>

This conference provides a unique opportunity to learn about some of the most successful community-based economic development initiatives in the nation. Our purpose is to share information about working solutions to the challenge of job-creation and capital investment that feature union-business collaboration.

[excerpt from Buffalo News - speakers from both sides of the labor market, as well as politicians and economic development leaders, will offer their experiences in working together to generate high-paying jobs.

"We're bringing people to Buffalo from a wide range of places, so they can share some of the successes, and the pitfalls, in making collaborations work," said Lou Jean Fleron, director of economic development initiatives for the School of Industrial and Labor Relations, which is sponsoring the conference.

The conference, to be held at the Hyatt Regency Hotel in downtown Buffalo, will feature:

Conference Speakers:
Amy Dean, Founding Director, Working Partnerships USA
A non-profit organization dedicated to rebuilding the links between regional economic policy and community well being. Under Ms. Dean's leadership, Working Partnerships created new models of economic cooperation in Santa Clara County, California. Recognized by the New York Times as one of the "most innovative figures in Silicon Valley," Ms. Dean is a Senior Fellow and Member of the Board of Directors of the American Leadership Forum. She is a prolific writer featured in the New York Times, Wall Street Journal, Washington Post, San Francisco Chronicle, Los Angeles Times, Business Week, as well as academic journals, and an inspirational speaker who has appeared repeatedly on CNN, the New Hour, National Public Radio and Good Morning America.

Morton Bahr, President of Communications Workers of America
Since 1985, is recognized as a leading voice of the labor movement both in the United States and internationally. Under his leadership, the 700,000-member CWA has pioneered innovative strategies as it meets the challenges of changing technology and an evolving workplace for professional, technical, media and information age workers. Vice president of the AFL-CIO, Mr. Bahr chairs the federation's Workers Education Committee and heads the Department for Professional Employees. He also served as vice president of Union Network International, a global labor organization representing some 15 million workers in 800 unions, and president of UNI's World Telecom Sector, representing 3 million workers in 120 countries.

Workshop Leaders:
Tom Croft, Executive Director, Steel Valley Authority
A regional development authority that has received national and international acclaim as one of the most innovative economic revitalization initiatives in the U.S. Organized as an inter-municipal development agency, the SVA represents the City of Pittsburgh and 11 municipalities in the Mon Valley. Tom is also the project director of the Heartland Labor Capital Network, an organization promoting practical, jobs-oriented investment strategies, building on labor's capital since 1996. The broad-based Heartland Working Group coordinates the network in the U.S. and Canada.

Bruce Colburn, Co-founder, Sustainable Milwaukee, representing the Milwaukee Jobs initiatives
Affiliated with the Center on Wisconsin Strategy and the Wisconsin Regional Training Partnership, the MJI works with business, labor and community-based organizations to identify employers' needs and prepare disadvantaged Milwaukee residents for family-supporting jobs.

Source: IWS Documented News Service, School of Industrial & Labor Relations, Cornell University

1:42:56 PM    comment []

Statistical Abstract of the United States, 2003
[new release from the Census Bureau 12 February 2004]
http://www.census.gov/statab/www/
actual tables listed at-
http://www.census.gov/prod/www/statistical-abstract-03.html

Please note that a NEW FEATURE has been added this year called

Mini Historical Statistics
http://www.census.gov/statab/www/minihs.html

This includes numerous tables. Among those are the following -

No. HS-8. Immigration - Number and Rate: 1900 to 2001

No. HS-22. Educational Attainment by Sex: 1910 to 2002

No. HS-26. Share of Aggregate Income Received by Each Fifth and Top 5
Percent of Families: 1947 to 2001

No. HS-29. Employment Status of the Civilian Population: 1929 to 2002

No. HS-31. Nonfarm Establishments - Employees, Hours, and Earnings by
Industry: 1919 to 2002

Source: IWS Documented News Service, School of Industrial & Labor Relations, Cornell University

1:41:43 PM    comment []