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Workers Comp
WORKERS COMP
CORNER
By Julius Young of Boxer and
Gerson (www.boxerlaw.com)
Governor Schwarzenegger claims
that his 2004 reforms “fixed” workers’ comp. But the
reality is that the system remains broken.
Recent studies show that since
2004 insurer profits have far exceeded all benefits paid
out to workers, including medical treatment. Benefits to
permanently disabled workers are now some of the lowest
in the nation.
There are some good bills
moving through the legislature, though.
Among them are the following:
-AB 338 (sponsored by San Jose
Democrat Joe Coto) would lift the 2 year cap on
temporary disability benefits enacted in 2004
-AB 1073 would make an
exception to the 24 visit cap on physical medicine
services for workers who have surgery
-SB 936 and AB 1212 would
increase monetary
awards for workers with
permanent disabilities. Studies by a UC Berkeley
researcher and a state workers’ comp study commission
have noted that workers are now receiving less than half
of the monetary awards they previously received for
their injuries. These bills would help restore some
fairness to the system.
Workers compensation is going
through a period of major change. Court decisions
interpreting the 2004 reform act and legislative
developments this year could have a major effect on your
rights if you are hurt at work. You can keep informed on
these issues by subscribing to my blog,
www.workerscompzone.com.
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