CA 2012 Senate Insurance Committee Hearing On Workers Comp “Reform” SB 863; August 28, 2012
KRISTIN OLSEN:
MIKE FEUER, CALIFORNIA STATE ASSEMBLYMEMBER:
Thank you Mr. Chair.
Yeah. So, I’ve been wrestling with this and... Was it... was airing on the side of supporting the changes because of the broader systemic benefits of this?
I was puzzled by the comments earlier about litigation and so I was wondering if the panel could clarify for me which sections of the bill, or which pieces of the bill helps streamline that or help reduce the opportunities for litigation?
I did though receive this morning something that continues to give me pause; and that’s I got a letter from the firefighters in my city who are strongly opposed to the measure. I just got it, like a minute ago, I’ve been in two (2) other committees this morning already.
Cuz I believe it was stated that it does but then it was stated that there are still opportunities. The same opportunities so I’m just puzzled as to whether there are or aren’t.
And the firefighters in LA say that the bill would curtail their due process for us to get medical treatment and would make it difficult for injured firefighters to attain appropriate disability ratings.
ANGIE WEI, CALIFORNIA LABOR FEDERATION LEGISLATIVE DIRECTOR: If I may. It is hard to say specifically what will happen in the litigation going forward. It seems as if after SB899 new case law and new pathways for litigation were created so I cannot tell you definitively what’s going to happen.
I’d like to know what the answer to that is please. CRISTIE BOUMA, CALIFORNIA PROFESSIONAL FIREFIGHTERS (CPF)
What I can tell you is that on this issue of diminished future earning capacity; if you look at labor code section 4660, and then the new section 4660.1 there is the deletion of the words diminished future earnings capacity. And some would argue that that would limit the opportunity to come in... voc... vocational experts an economist experts to argue for wage loss. Two things there; one is, as Mr. Levi stated prior, there’s also language in the new 4660.1 that says nothing stops an injured worker from pursuing a permanent total disability case under 4660.2 of the labor code, which is called the Labouf standard.
Seems that might be a good one for me to grab
So for the... partly Mr. Caldron’s question was, “What happens to the injured worker who cannot get back to work and is completely disabled?”. They still maintain their right to argue total disability under Labouf; under labor code section 4660.2 of the labor code.
MIKE FEUER, CALIFORNIA STATE ASSEMBLYMEMBER: Yeah... it kinda... yeah CRISTIE BOUMA, CALIFORNIA PROFESSIONAL FIREFIGHTERS (CPF)
HENRY T. PEREA, COMMITTEE CHAIR:
UM... ha ha So, to the medical treatment issue; because of course we’ve had a lot of internal dialogue about this as well.
Great, thank you. Any other comments or questions from... for this panel?
We think that the IMR process is more robust. It has, as we spoke with you about more opportunity for medical treatment
Mr. Feuer. 10