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DESCRIPTION:Health and safety advocates and injured workers will be speaking out 
 against the frontal attack on Cal-OSHA and injured workers with 
 pro-insurance legislation like SB 863. Art Pulaski the California Labor 
 Federation Executive Secretary-Treasurer and Angie Wei the legislative 
 director of the California AFL-CIO and  chair of the California Commission 
 on Health and Safety and Workers' Compensation have colluded with the 
 insurance industry and bosses to help attack Cal-OSHA and workers 
 compensation.\n\n8/15 Injured Workers National Network Will Be Mobilizing 
 To Speakout Against the SB 863 and The Attack On Cal-Osha\n\nOn 8/15/2014 
 there will be a meeting of the California Commission On Health and Safety 
 And Workers Compensation in\nOakland . This commission which is run by 
 supporters of deregulation of health and safety and workers compensation 
 has been\ninvolved in pushing SB 863 which was a frontal attack on 
 California injured workers. This bill passed by Brown, the 
 Democratic\npoliticians and Art Pulaski, the Executive Director of the 
 California AFL-CIO and Angie Wei, the legislative director of 
 the\nCalifornia AFL-CIO has put more obstacles in the way to get injured 
 workers medical treatment and outsourced the\ndeterminations of injuries to 
 the corrupt Maximus corporation which was awarded a $40 million dollar 
 contract to\nsend workers cases to anonymous doctors who are not even 
 required to be licensed in California.\nThe Commission has also refused to 
 do any studies about the starvation and liquidation of Cal-OSHA and the 
 \nescalating death and injuries in explosions and fires at refineries and 
 chemical plants in California.\nIt is time to speak out against the 
 travesty and continuing attack on the 18.5 million workers in California 
 and their\nright to a health and safe workplace and medical treatment and 
 compensation when they are injured.\nPulaski and Wei have also allowed a 
 political purge of the DIR and Cal-OSHA by Christine Baker the Executive 
 Director who\nhas refused to have proper staffing of Cal-Osha.\nInjured 
 Workers National Network\nwww.iwnn.org\n\n\n8/15 CA Commission On Health 
 And Safety & Workers Compensation Meeting • Evaluation of Senate Bill 
 863\nDEPARTMENT OF INDUSTRIAL RELATIONS\n\nCOMMISSION ON HEALTH AND SAFETY 
 AND WORKERS’ COMPENSATION\n1515 Clay Street, 17th Floor\nOakland, CA 
 94612\n\nTelephone: (510) 622-3959 Fax: (510) 622-3265\nEmail: 
 CHSWC@dir.ca.gov Website: www.dir.ca.gov/chswc\n\nNOTICE OF 
 MEETING\n\nDate: Friday, August 15, 2014 Time: 10:00 am\nPlace: Elihu 
 Harris State Building\n\n1515 Clay Street, Auditorium Oakland, 
 CA\n\nAGENDA\n\n•  Approval of Minutes from the December 13, 2013 
 CHSWC Meeting Angie Wei, Chair/Christy Bouma, Acting Chair\n\n•  
 Approval of Minutes from the March 6, 2014 CHSWC Meeting Angie Wei, 
 Chair/Christy Bouma, Acting Chair\n\n• DIR Updates by Director of the 
 Department of Industrial Relations Christine Baker, Director, DIR\n\nDestie 
 Overpeck, Acting Administrative Director, DWC Dr. Rupali Das, Medical 
 Director, DWC\n\n• Update on RAND Studies:\n\n• Disability Evaluation 
 and Medical Treatment\n\n• Ambulatory Surgery Center\n\n• Home Health 
 Care Fee Schedule\n\n• Evaluation of Senate Bill 863\n\nBarbara Wynn, 
 RAND\n\n• Report on the Public Self Insured Study Mark Priven, 
 Bickmore\n\n• Proposal for a Study on the Frequency and Severity of 
 Sharps Injuries Among Non- Healthcare Occupations\n\nFrank Neuhauser, UC 
 Berkeley\n\n• CHSWC Report\nEduardo Enz, CHSWC\n\n• Other 
 Business / Proposals / Public Questions and Comments\n\n May result in 
 an action item for CHSWC consideration and/or vote\n\n* Please Note: Public 
 comments are limited to three minutes per speaker. Agenda topics are 
 subject to CHSWC review and approval.\n\nThe agenda may be adjusted 
 depending upon the time needed for each item. Members of the public should 
 plan sufficient time to pass through building security.\n\nCalifornia Job 
 Safety Weakened By ‘Friends of Labor’ 
 Politicians\nhttp://labornotes.org/2014/08/viewpoint-california-job-safety-weakened-friends-labor-politicians\nAugust 
 08, 2014\n\n\nA severely corroded pipe at the Chevron refinery in Richmond, 
 California, caused an explosion in August 2012 that nearly killed several 
 workers and sickened thousands in the town. Cal/OSHA inspectors have been 
 cut by Democrat Jerry Brown's administration. Photo: U.S. Chemical Safety 
 Board.\n\nFor their own protection, California workers and their unions had 
 better start raising hell about the erosion of job safety protections since 
 Democrat Jerry Brown became governor four years ago with strong labor 
 backing.\n\nSince 1973, California has run its own “state plan” program 
 with regulations and enforcement, Cal/OSHA—widely seen as more effective 
 than Federal OSHA.\n\nHowever, since Brown appointed Christine Baker as 
 director of the department that controls job safety funding and staffing, 
 Cal/OSHA has been put on a “starvation diet” that has undermined its 
 effectiveness.\n\nIn 2012, the last year for which there is confirmed data, 
 375 California workers were killed on the job—meaning every single day a 
 Californian goes to work but never returns home. Thousands more die 
 annually due to occupational diseases contracted at work.\n\nThat year 
 14,000 workers were hospitalized after job injuries, and there were 40,220 
 reported cases of lost workdays (median days lost = 21 days). State workers 
 comp data indicates there were 646 workplace amputations that 
 year.\n\nNevertheless, under Brown and Baker, Cal/OSHA has been slowly 
 stripped of the resources, staffing, and political will necessary to reduce 
 this carnage.\nIn January 2011 Brown inherited from Republican Arnold 
 Schwarzenegger a Cal/OSHA inspectorate of 195 field compliance officers. By 
 July 2014, there were only 175 filled enforcement inspector 
 positions.\n\nFor California’s 18.6 million civilian labor force, those 
 175 positions represent an inspector-to-worker ratio of one inspector to 
 106,286 workers. This ratio is much worse than Fed OSHA’s ratio of one to 
 66,000, Washington state’s ratio of one to 33,000, or Oregon’s ratio of 
 one to 28,000.\n\nEven if all 18 vacancies were filled, the total number of 
 field enforcement officers would be 193—below Schwarzenegger’s level, 
 and also well below the number of California Fish & Game wardens (250) 
 currently in the field.\n\nSurely Californians deserve the same level of 
 state safety protections as workers in other states—or as the wildlife in 
 their own state?\n\nPromoting Partnership\n\nIn addition to restricting 
 resources, Brown and Baker have promoted the standard Republican approach 
 to regulatory enforcement at Cal/OSHA. They believe that the vast majority 
 of employers either do the right thing, or would do the right thing if they 
 knew how. So Cal/OSHA’s priority, they say, should be compliance 
 assistance, partnerships and consultation for these responsible 
 employers.\n\nFor the small layer of employers they consider bad actors, 
 traditional regulatory action is required to eliminate unfair competition. 
 But for responsible employers making a good-faith effort who make an honest 
 mistake, Baker and Brown maintain, Cal/OSHA should not be issuing 
 “gotcha” citations and fines proposed by workplace inspectors.\n\nAnd 
 it’s getting worse. After an intense campaign against her by California 
 employers and their lobbyists, Cal/OSHA Chief Ellen Widess was forced to 
 resign by Baker in September 2013. After that, the department has 
 deprioritized the agency’s across-the-board enforcement, instead 
 promoting Baker’s “new paradigm” of compliance assistance and 
 partnerships with employers, especially large, politically-connected 
 firms.\n\nUnions Missing\n\nThe problems that Cal/OSHA faces—lack of 
 resources, of staffing, and of aggressive inspecting—are reflected in 
 many other states where job safety agencies have even fewer resources and 
 even more business-friendly attitudes than Cal/OSHA under Brown.\n\nOther 
 states will hardly be motivated to raise the bar by California’s example. 
 Instead, nearby Washington and Oregon may soon face employer pressure to 
 follow Cal/OSHA’s downward trajectory.\n\nUnfortunately, California’s 
 top labor officials seem more concerned with maintaining friendly relations 
 with the Brown Administration and preserving labor’s political capital 
 for issues they deem more important than health and safety. Since labor 
 cannot get everything it wants in Sacramento, the union thinking goes, 
 lobbying priorities have to be set, and some issues pushed to the bottom of 
 the list.\n\nUnfortunately, occupational health and safety has not been a 
 high priority of organized labor for several decades now. The results of 
 that political expediency are painfully clear in workplaces around the 
 state.\n\nIf it were not for grassroots pressure from the labor movement, 
 there would have been no\nFederal OSHA Act enacted in 1970, nor Cal/OSHA 
 established in 1973. Building a base of worker health and safety 
 advocates—in union and non-union shops alike—is the key to 
 strengthening OSHA enforcement today, both on the shop floor and in the 
 halls of the state Capitol. This will require a member-driven change of 
 approach for many union and workers’ rights organizations.\n\nIn 
 California and elsewhere, workers and their organizations need to hold 
 elected officials’ and their appointees’ feet to fire, and not let them 
 weaken crucial safety regulations and effective enforcement any 
 further.\n\nGarrett Brown retired from Cal/OSHA in January 2014 after 18 
 years as a field compliance officer and 2.5 years as Special Assistant to 
 the Chief in Cal/OSHA headquarters. In July 2014, he established an 
 “Inside Cal/OSHA” website at insidecalosha.org. Brown is a member of 
 the Professional Engineers in California Government union.\n\n- See more 
 at: 
 http://labornotes.org/2014/08/viewpoint-california-job-safety-weakened-friends-labor-politicians#sthash.qU4Ea323.dpuf\n\n\n\nLife 
 And Death! The Attack On OSHA, Workers Health And Safety And Injured 
 Workers \nhttps://www.youtube.com/watch?v=iVeEzoOerbI&feature=\nAn 
 educational conference was held on July 19, 2014 in San Francisco \non the 
 attack on OSHA and health and safety as well as the growing \ncrisis for 
 injured workers and the corruption by the insurance \nindustry and 
 employers of the workers compensation system \nfor injured 
 workers.\nSpeaking were\nCarrie Clark, California Healthy Workplace 
 Advocates\nDr. Larry Rose, Former Cal-OSHA Medical Unit Director\nJen 
 Wallis, Railroad Workers United Health and Safety Advocate IBT BLET 
 Division 238, BNSF\nDr. Andrea Polk, Expert On Workers Comp AFT 2121 and 
 QME Examiner\nFormer Teacher At The Martin Luther King Middle School In San 
 Francisco and Former Member of UESF\nDaniel Berman, Author of "Death On The 
 Job"\nJaeHa Jung, Director of Telecommunications and IT Korean Railway 
 Workers Union KRWU\nIt was sponsored by the Injured Workers National 
 Network IWNN.org\nFacebook Injured Workers National Network - 
 IWNN\nProduction of Labor Video Project www.laborvideo.org\n\nSB 863: 
 Landmark Workers’ Comp Reform to Support Injured 
 Workers\nhttp://www.calaborfed.org/index.php/site/page/sb_863_landmark_workers_comp_reform_to_support_injured_workers\nStatement 
 by California Labor Federation Executive Secretary-Treasurer Art 
 Pulaski\n\n"Finally, there’s a solution to the growing workers’ 
 compensation crisis – a bill that provides a system-wide benefit increase 
 of $860 million for injured workers, while reducing delays and friction 
 that waste time and money.\n"SB 863 is a landmark proposal that achieves a 
 true rarity in Sacramento. It finds a way to increase benefits while 
 reducing costs. After months of negotiations between labor and management, 
 and a statewide listening tour hosted by the Department of Industrial 
 Relations, a comprehensive reform deal was struck that benefits both 
 workers and employers.\n"Under this proposal, workers receive a 30 percent 
 benefit increase. Those injured on the job will receive faster, higher 
 quality medical treatment. Workers on permanent disability will receive a 
 benefit increase and quicker payments of benefits. Dispute resolution is 
 expedited, freeing up hundreds of millions of dollars that go straight to 
 injured workers and their families. By cutting waste in the system, benefit 
 increases were made possible while overall costs were reduced.\n"Injured 
 workers have suffered enough under Arnold Schwarzenegger’s draconian 
 cutbacks to workers’ compensation. SB 863 puts more money in the pockets 
 of injured workers while strengthening the system for years to come. Doing 
 nothing is not an option. Under the current system, insurance costs are 
 expected to rise by 18% in January. SB 863 is the right reform at a 
 critical time.\n"Opponents of SB 863, many of whom profit from the system, 
 have engaged in a campaign of misinformation in an effort to protect the 
 failed status quo. Not only are the reforms proposed in SB 863 necessary, 
 they’re literally a lifeline for the system and the workers it 
 benefits.\n"SB 863 tackles the toughest challenges facing the workers’ 
 compensation system head on, providing fresh hope to injured workers that 
 have suffered for eight years under the failed reforms of the 
 Schwarzenegger Administration.  It’s time for real reform that puts 
 injured workers first. We urge the legislature to pass SB 863 today, 
 sending it to Gov. Brown for his signature."\n\nCA AFL-CIO Angie Wei Gets 
 Carrie Nevans Community Service Award For Selling Injured Workers Down The 
 River\nNewsline No. 05-13	 \nFebruary 6, 2013	 \nTwitter @CA_DIR\nFacebook	 
 \n2013 Carrie Nevans community service awards announced\n\nThe California 
 Division of Workers’ Compensation (DWC), a division of the Department of 
 Industrial Relations (DIR), is pleased to announce the recipients of the 
 2013 Carrie Nevans Community Service Award.  This year’s award in 
 Northern California goes to Angie Wei, Legislative Director of the 
 California Federation of Labor, AFL-CIO. Sean McNally, president of KBA 
 Engineering in Bakersfield is the Southern California recipient.  Both are 
 commissioners with the Commission on Health and Safety and Workers’ 
 Compensation.    The awards will be presented at the upcoming 20th annual 
 DWC educational conference luncheons.  \n\n“We received many outstanding 
 nominations but Ms. Wei’s and Mr. McNally’s collaborative contributions 
 to the workers’ compensation community with their work on Senate Bill 863 
 were stellar” said DIR Director Christine Baker. \n\n“Their exceptional 
 efforts were instrumental in negotiating and developing a reform package 
 that drastically improves the system.  They personally spent hundreds of 
 hours to craft a bill that increased benefits to injured workers and 
 produced cost-saving efficiencies that both labor and management could 
 agree to,” continued Ms. Baker.\n\nMs. Wei has been with the California 
 Labor Federation since 2000.   She previously worked as an advocate for the 
 California Immigrant Welfare Coalition and served as a public policy 
 director for the Northern California Coalition for Immigrant Rights.  She 
 received her undergraduate degree from UC Berkeley and a master’s degree 
 in public policy from the Kennedy School of Government at Harvard 
 University.\n\nAs is noted above, Mr. McNally is the President of KBA 
 Engineering in Bakersfield.   He is a licensed general contractor and 
 serves as a trustee for the Self Insurer’s Security Fund and is very 
 active in the community in leadership capacities.   Sean has been certified 
 by the State Bar of California as a specialist in workers’ compensation 
 and was a partner at Hanna, Brophy, MacLean, McAleer and Jensen.   He 
 received his B.A. degree from the University of San Francisco and J. D. 
 from the University of Pacific, McGeorge School of Law.\n\nThe DWC’s 20th 
 annual educational conference is the largest workers’ compensation 
 training in the state and allows claims administrators, attorneys, medical 
 providers, return to work specialists, employers, and others to learn about 
 the most recent developments in the system as well as on-going DWC 
 programs.    This year’s conference has many sessions devoted to SB 863 
 and its successful implementation.   The Los Angeles conference (Feb. 
 28-March 1, 2013)  has been sold out for several weeks, however 
 registration is still open for the Oakland training, which take place March 
 4-5, 2013 at the Oakland Marriott City Center Hotel.\n\n###\nCA SB 863: Why 
 Are Worker Advocates In Opposition?\nPosted on 28 August 
 2012\n\nhttp://www.californiaprogressreport.com/site/sb-863-why-are-worker-advocates-opposition\n\nTime 
 For CA AFL-CIO Legislative Director  To Resign\n\nAngie Wei is the 
 Legislative Director of the California Labor Federation, AFL-CIO, which 
 represents 2.1 million members of 1,200 manufacturing, service, 
 construction, and public sector unions. This article originally appeared on 
 the Labor's Edge.\n\n\nSubmitted by Stan (not verified) on Tue, 08/28/2012 
 - 8:41am.\nJerry Brown is showing his true colors as a wolf 
 "Schwarzenegger" in "Democrat's" clothing. This Governor appears to be 
 firmly in the pockets of Corporate & like minded special interest. It's 
 just more of the same shady & secret backroom deals w/ special interest, 
 which are not unlike what Schwarzenegger did w/ the SB899 
 debacle...everyone should be asking how many times has this type of 
 situation has worked well for the general public?\n\nActual injured workers 
 (remember them?) never get a say in the process, a seat at the table, or is 
 their ever worsening plight considered as they are increasingly lining up 
 at poverty soup lines begging for crumbs in the WC system...they are merely 
 pawns in a dirty & dangerous chess game for big dollars.\n\nNone of those 
 pundits behind SB863 has ever been injured on the job; or have they faced 
 this dehumanizing & dysfunctional system that employs diabolical "D" 
 tactics of...Delay, Deny, and Demonizing injured workers...\n\nWhat 
 Schwarzenegger did to hard working & honest workers who were injured on the 
 job was an outrageous travesty...What Jerry Brown and these insider cronies 
 are doing is much worse; adding more insult to injury...rubbing salt in the 
 wounds of every California average Joe that gets up each day & goes to 
 work...not knowing they are just an injury away from being tossed into a 
 never ending cycle of dehumanization and sorrow.\n\nThe California Workers 
 Compensation System is so dysfunctional; it doesn't need another bad 
 reform...it needs a serious dismantling...the Great Compromise has turned 
 into nothing more than a Great Corporate $Give Away$...& a never ending 
 nightmare for anyone who experiences a significant injury on the job & is 
 thrown into this unforgiving and grossly unfair system.\n\nInjured workers 
 deserve better...as citizens of a Nation that once prided itself in the 
 rule of law & equal justice for all....isn’t it about time to once again 
 allow those wronged & injured in the work place by no fault of their own; 
 the constitutionally promised ability to seek actual justice in a court of 
 law before a jury of their peers...not in some Sacramento derived & rigged 
 system that only serves the bureaucrats & money barons.\n\nquote from an 
 appellate lawyer "What an ideal world it would be for business if injured 
 workers just accepted the few crumbs they get, did not contest the denials, 
 just remained silent and unrepresented. If only these injured workers would 
 be sheep that go quietly and without protest to slaughter instead of hiring 
 lawyers to help them with their claims."\n\nWith all due respect to Angie 
 Wei; This bill sb863 in actual reality decreases benefits and due process 
 rights retroactively to most injured workers. It places injured workers 
 further under the thumb of the insurance barons who are all about profits 
 before all else. sb863 decreases access to unbiased & needed medical 
 care..\n\nThe secrecy in which this bill has been created and exclusion of 
 effected parties from the process is wrong & is enough in itself to make 
 this poor legislation. This attempt to ram rod a bill through the 
 legislature without proper & independent evaluation of sb863 devastating 
 effects is plain sleazy. Angie Wei appears to be just another Sacramento 
 political animal wearing different bureaucrats stripes; making workers comp 
 & injured workers once again nothing more than a political football. She 
 does not speak for the many thousands of injured workers in California. So 
 who is she really speaking for?\n\nThis is a bad bill, bad politics, bad 
 policy, and another horrendous & inexcusable set back for the good workers 
 of California …\n\n	• reply\n\nReform???\nSubmitted by Trotdoc (not 
 verified) on Tue, 08/28/2012 - 11:22am.\nI fully agree with the above 
 comment. As a psychiatrist who has been involved in the system for 20 years 
 (with a "defense" reputation - I am certainly not carrying water for 
 applicant "mills") I can confirm what the article states regarding the 
 decimation of the system over the last several years. I have personally 
 seen patients of mine suffer needlessly due to clinically vacuous, corrupt 
 UR determinations, and I have evaluated 100's of QME/AME in which 
 legitimately injured workers never received indicated treatment. This bill 
 will only make things worse. "The devil is in the details" and the details 
 are NOT friendly either to legitimately injured workers nor honest doctors. 
 The insurance companies already are out of control, manipulating the law, 
 disregarding the law. This will only make it worse. True reform is needed. 
 But this is NOT true reform. No Difference from the last go-round, when I 
 contacted every member of the "select committee" to offer non-partisan, 
 clinically-sound suggestions - and all I got back was being put on every 
 campaign-fund solicitation mailing list, Dem and Rep.\n\n\n\n\nBy Julius 
 Young\n\nBoxer & Gerson, Oakland, CA\nPublisher Of WorkersCompZone.com 
 Blog\n\nToday the legislature is holding an informational hearing on SB 
 863, a comprehensive workers’ comp reform bill.\n\nAlthough the bill has 
 some good elements, has been improved from recent versions and although any 
 progressive workers’ comp reform effort may involve some compromises, SB 
 863 has too many takeaways for workers and should be 
 rejected.\n\nSupporters of SB 863 originally touted that SB 863 would 
 result in $1.4 billion in system savings for employers while delivering 
 $740 million in increased workers benefits, a 2:1 ratio in favor of 
 employers. The California Labor Federation has touted that the bill would 
 result in savings, relieving economic pressures of increasing workers’ 
 comp costs.\n\nBut as late as yesterday, California’s Workers 
 Compensation Insurance Rating Bureau questioned the long term savings 
 effect of SB 863, projecting that it might increase workers comp costs. 
 This has raised concern among members of the business community.\n\nBut why 
 would worker advocates be concerned about SB 863?\nConsider these 
 issues:\n\nWorkers Lose Medical Rights\nUnder SB 863, workers would lose 
 their right to a face to face medical exam as part of an appeal of 
 treatment denials.\n\nJudges  Are Stripped Of Authority Over Medical 
 Disputes\nWorkers comp judges would be stripped of ability to hear 
 treatment denial appeals except under the most extreme 
 circumstances.\n\nCostly New Dispute Resolution System Is Added\nAdditional 
 costs would be added to the system as a massive Independent Medical Review 
 system would be put in place on top of the current utilization review 
 system. Advocates for SB 863 have not produced detailed studies documenting 
 the costs of an large IMR system and haw those costs would compare with the 
 current system of face to face QME reviewers.\n\nCost Drivers Are Not 
 Addressed\nDespite studies showing that cost containment measures such as 
 utilization review have been increasing “cost drivers” in the comp 
 system, SB 863 does essentially nothing to control utilization review 
 costs.\n\nBenefits Likely Shifted From The More Disabled\nSB 863 appears to 
 shift benefit increases to less disabled workers rather than more disabled 
 workers who by definition are likely to have higher earnings losses. SB 863 
 eliminates the concept of “diminished future earning capacity” from the 
 Labor Code (a concept used in an important case known as Ogilvie), making 
 it harder for workers with severe earnings losses to recoup fair 
 awards.\n\nProving Disability Is Made More Difficult\nSB 863 does increase 
 monies paid for some percentages of disability but reduces the ability of 
 workers to prove those levels of disability. For example, a 50% disability 
 rating would receive more money under SB 863 than under current law but by 
 eliminating the “diminished future earning capacity concept” and other 
 criteria, SB 863 makes it less likely that the worker would be found 50% 
 disabled. That’s one reason worker advocates have questioned the 
 projections of supporters.\n\nWCIRB Report Confirms Concerns About Accuracy 
 Of Proponents’ Statistics\nThe recent WCIRB analysis seems to confirm 
 these concerns. The report from the WCIRB’s chief actuary shows a 
 decrease in permanent disability benefits of $130 million due to 
 “elimination of the impact of the Ogilvie decision”. According to the 
 WCIRB, that consists of an $80 million drop in benefits and an additional 
 $50 million due to decreased claims filing. The WCIRB  also projected 
 further decreases in PD payments due to elimination of consideration of 
 sleep disorders, sexual dysfunction and psychiatric residuals of physical 
 injuries.\n\nThe bottom line is that the WCIRB analysis raises major 
 questions about the accuracy of projections of labor advocates who claim SB 
 will deliver large increases to workers.\n\nTransparency Has Been A 
 Problem\nAdvocates of SB 863, including the Department of Industrial 
 Relations, have failed to produce their own studies and data showing the 
 basis for their projections. The DIR failed to voluntarily reveal 
 information about a memo that questioned the constitutionality of the 
 Independent Medical Review provision s of the bill.\n\nInjured workers  
 suffered many losses under the Schwarzenegger-era SB 899.  Since that time 
 workers have seen a large drop in permanent disability payments and 
 treatment delays have led to massive complaints about the system.\n\nIt 
 would be a terrible development if the legislature rushes into a “fix” 
 for SB 899 that results in further takeaways for workers.\n\nThere are many 
 areas in California’s works comp system that need attention.  Parts of SB 
 863 are a good start, but the bill needs more analysis, more work and 
 should be rejected.\n\nLet’s not have “foie gras” style California 
 workers’ comp 
 reform.\n\n~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~\n\nStarting 
 in 1979, Julius Young has represented thousands of individuals who have 
 sustained life-changing injuries or illnesses while on the job. A partner 
 of Boxer&Gerson since 1988, he practices workers’ compensation and 
 disability law in Oakland.\n\n\n\nNew California workers’ compensation 
 law cuts mental health coverage, sparks concern among medical and legal 
 communities\n\nNew worker's compensation laws would impact mental health 
 benefits for injured workers.\nBy Stephen M. Pfeiffer, 
 PhD\nhttp://www.lajollalight.com/2012/09/16/new-california-worker’s-compensation-law-cuts-mental-health-coverage-sparks-concern-among-medical-and-legal-communities/\nEarlier 
 this month, lawmakers passed a newCalifornia workers’ compensation law 
 that stands to enact a series of changes to the current system in an effort 
 to cut insurance costs. According to CBS News, measure SB863 was approved 
 in the California Senate by a 68-4 vote, and in the State Assembly by a 
 similarly lopsided margin. However, while the vote went overwhelmingly in 
 favor of the bill, the vast majority of those involved in the decision did 
 not have an opportunity to even so much as read the measure prior to the 
 floor vote, which was held on the last day of the Legislature’s session. 
 The bill’s passage has thus prompted grave concern among those affected 
 by the legislation — including injured workers, doctors, attorneys and 
 psychologists – who view the vote as a back-room deal enacted without 
 proper input and review.\nCBS News reports that SB863 would alter the 
 manner in which worker’s compensation benefits are calculated, including 
 the elimination of coverage for mental health disorders secondary to 
 physical injuries. Under the new law, the section dealing with the 
 elimination of disability benefits for psychological injuries which are 
 added as secondary disabilities to physical injuries constitutes what many 
 critics of the bill call a terrible step backwards for the system. 
 Additional concerns have been raised over the fact that most of those who 
 voted on the measure did not in fact have the chance to read, no less fully 
 understand the bill. As Democratic Assemblyman Ben Hueso of San Diego told 
 CBS, “I can’t take a vote on something I can’t explain.” Hueso was 
 one of several lawmakers who refused to participate in the vote; but with 
 strong support and swift intervention from California Governor Jerry Brown, 
 SB863 passed — despite initial voter resistance among members of the 
 State Legislature — in a period of less than 24 hours.\nAs an experienced 
 clinical and forensic psychologist and Qualified Medical Evaluator, I would 
 argue that the SB863’s provisions regarding mental health coverage 
 discriminate against workers who have sustained serious physical injuries 
 and subsequently develop mental problems (depression, anxiety, PTSD, etc.) 
 as a direct result of those injuries. While there are certainly some 
 worker’s compensation cases in which claims of psychological injury are 
 not valid, there are an abundance of cases in which significant 
 psychological disability does in fact result directly from traumatic 
 physical injury. To operate under a law that functions as if no such 
 disabilities exist would, I believe, be a huge disservice to injured 
 workers. Furthermore, this section of the law turns back the hands of time 
 by re-establishing discrimination against individuals with mental disorders 
 in not recognizing the validity of their injuries. This inequity was 
 corrected several years ago at both the federal and state levels when 
 mental health parity legislation required that private health insurance 
 companies respond to and treat physical and mental disorders equally.\nFor 
 more information about SB863 and the medical and legal communities’ 
 efforts to challenge portions of the legislation, contact me via email at 
 stephen@pfeifferphd.com or go online, to www.pfeifferphd.com.\n\nCA AFL-CIO 
 Executive Director Art Pulaski Backs Anti-Injured Worker Workers Comp 
 "reform" Bill\nSB 863: Landmark Workers’ Comp Reform to Support Injured 
 Workers\nhttp://www.calaborfed.org/index.php/site/page/sb_863_landmark_workers_comp_reform_to_support_injured_workers\nStatement 
 by California Labor Federation Executive Secretary-Treasurer Art 
 Pulaski\n\n"Finally, there’s a solution to the growing workers’ 
 compensation crisis – a bill that provides a system-wide benefit increase 
 of $860 million for injured workers, while reducing delays and friction 
 that waste time and money.\n"SB 863 is a landmark proposal that achieves a 
 true rarity in Sacramento. It finds a way to increase benefits while 
 reducing costs. After months of negotiations between labor and management, 
 and a statewide listening tour hosted by the Department of Industrial 
 Relations, a comprehensive reform deal was struck that benefits both 
 workers and employers.\n"Under this proposal, workers receive a 30 percent 
 benefit increase. Those injured on the job will receive faster, higher 
 quality medical treatment. Workers on permanent disability will receive a 
 benefit increase and quicker payments of benefits. Dispute resolution is 
 expedited, freeing up hundreds of millions of dollars that go straight to 
 injured workers and their families. By cutting waste in the system, benefit 
 increases were made possible while overall costs were reduced.\n"Injured 
 workers have suffered enough under Arnold Schwarzenegger’s draconian 
 cutbacks to workers’ compensation. SB 863 puts more money in the pockets 
 of injured workers while strengthening the system for years to come. Doing 
 nothing is not an option. Under the current system, insurance costs are 
 expected to rise by 18% in January. SB 863 is the right reform at a 
 critical time.\n"Opponents of SB 863, many of whom profit from the system, 
 have engaged in a campaign of misinformation in an effort to protect the 
 failed status quo. Not only are the reforms proposed in SB 863 necessary, 
 they’re literally a lifeline for the system and the workers it 
 benefits.\n"SB 863 tackles the toughest challenges facing the workers’ 
 compensation system head on, providing fresh hope to injured workers that 
 have suffered for eight years under the failed reforms of the 
 Schwarzenegger Administration.  It’s time for real reform that puts 
 injured workers first. We urge the legislature to pass SB 863 today, 
 sending it to Gov. Brown for his signature."\n 
 https://www.indybay.org/newsitems/2014/08/09/18759828.php
SUMMARY:Oakland Protest Speakout Against Attack On CA Health & Safety and Injured Workers
LOCATION:Elihu Harris State Building\n1515 Clay Street, Auditorium Oakland, CA
URL:https://www.indybay.org/newsitems/2014/08/09/18759828.php
DTSTART:20140815T170000Z
DTEND:20140815T200000Z
END:VEVENT
END:VCALENDAR
