Schwarzenegger's bill could face first test Wednesday (Worker's Comp)

Sac Bee ^ | 2/5/04 | Steve Lawrence - AP

[NormsRevenge]

SACRAMENTO (AP) - Gov. Arnold Schwarzenegger's sweeping workers' compensation bill could face its first test in the Legislature next week, but a key lawmaker doubts it will pass unless it's substantially amended.

"If they don't amend it, I don't think it's going anywhere," Assemblyman Juan Vargas said Thursday. "I don't think it's a good bill. There's a lot of things damaging in there for workers."

[NormsRevenge]

.

[Amerigomag]

Gov. Arnold Schwarzenegger's sweeping workers' compensation bill.

Notice how clever McClatchy is in "framing" the presentation.

Also notice that no Republican's are quoted as to their opinion of the bill.

From what I've read, most Republican legislators have express both publicly and privately that this bill is "way too little and way too late".

Most however shrug their shoulders and figure that any bill which effectively addresses the problem is not going to survive the Democrat controlled legislative process.

[Digger]

Poor nieve Arnold. He's a small timer running up against the Godfathers of evil. But he sure looks good in the process.

[kellynla]

Norm, do you know what the vote was on this bill? Did it pass???

[kellynla]

Union-Tribune Editorial
Workers' comp

Key vote comes today on overhauling system

February 11, 2004

The Assembly Insurance Committee is scheduled to vote today on Gov. Arnold Schwarz-enegger's comprehensive plan to overhaul the state's wasteful workers' compensation system. Committee Chairman Juan Vargas, D-San Diego, says the measure lacks the votes for passage, because Democratic lawmakers dominate the panel.

As a legislative leader, Vargas has an obligation to work with the governor to overhaul this costly system, which is driving jobs from California and detering companies from investing here. It is not enough for Vargas merely to preside over his committee's defeat of Schwarzenegger's plan.

How costly is California's workers' comp system? Nine years ago, the tab for treating injured workers was $9 billion. Today, it exceeds $29 billion. As the accompanying chart indicates, California has the dubious distinction of laboring under the highest workers' compensation rates in the nation. Meanwhile, benefits for injured workers here are among the nation's lowest. Little wonder other states are exploiting this problem to persuade companies to abandon or to avoid California altogether.

What is driving workers' compensation costs through the stratosphere?

Start with soaring medical bills. From 1997 to 2002, medical costs per insurance claim rose 125 percent. Contrast that staggering sum with national medical costs, which have increased about 22 percent during the same period. Toss a slew of lawsuits and administrative costs into the mix, and California's tab keeps on climbing.

What can be done to contain these obscene costs?

For starters, the state needs to curb the number of disability claims, which are three times the national average. That could be achieved by mandating the use of objective medical findings. Most states already use some form of objective medical criteria to determine permanent disability. This makes far more sense than California's subjective standard, which invites widespread fraud and soaring litigation costs. More than 25 percent of workers' compensation cases in California end up in court.

Rather than feed this litigious beast, Schwarzenegger would have disputes resolved by an independent medical review process. Workers would be able to choose their physicians from a large pool of employer-approved doctors. Instead of dismissing this good idea as being "owned by the company doctor," Vargas should seek common ground with the governor on how to reduce employer costs and increase worker benefits.

Schwarzenegger has been willing to compromise – as illustrated by the deal he struck with lawmakers on his economic recovery plan – as long as his broad objective is achieved. The governor seems determined, however, to take his case to the people with a ballot measure if the Democratic-controlled Legislature balks at overhauling the workers' compensation system by his March 1 deadline.

Vargas and his fellow Democrats would do well to work with the governor on this issue, which is fundamental to California's economic well-being. If the measure goes to the ballot in November, they could be in for another rude awakening.

[wimpycat]

This is yet another reason I thank God I live in North Carolina. Comparatively speaking, Worker's comp law in North Carolina strikes a fairly even balance between the employer and the employee. Comparatively speaking, that is.

[kellynla]

Yea well if you think NC is immune think again...the liberals will not rest until America is a bastion of socialism.

[wimpycat]

I don't think NC is immune. But our socialists usually try to sneak stuff in the back door, whereas in other regions of the country, they parade it right through the front door.

[kellynla]

Well the liberals in Sacramento are presently trying to pass a bill that would allow anyone to acquire a CA drivers license SB1160 (no proof of citizenship required) and they have made it an "emergency measure" which would mean that when our RINO governor Arnold signs the bill if passed it becomes law immediately. Arnold campaigned against a similar bill but has now said he would sign this one if passed. I won't say "I told you so" We may be recalling another governor very soon!

[RGSpincich]

a bill that would allow anyone to acquire a CA drivers license SB1160 (no proof of citizenship required)

The bill says no such thing. As a matter of fact, the bill says nothing about changing the criteria for issuing DLs.

[wimpycat]

I feel for you, buddy. Our DMV just changed its policy (which was unsuccessfully challenged in court by so-called Hispanic rights groups) to make it harder for illegals to get driver's licenses. No more "matricula consular" ID cards, and the like.

But with respect to worker's comp, like I said, NC strikes a fairly even balance. The laws as written have advantages for both the employer and the employee. For instance, the employer has the right to direct medical care. The employee can't choose his own doctor. But the bad part is if the employee wants to challenge anything, the Industrial Commission heavily favors the employee. They just break the rules themselves. The employer usually has to fight its way to the court of appeals level or even to the NC Supreme Court to enforce the law as its written.

[kellynla]

What the bill says is that anyone, get that anyone can apply for a driver's license...get it? anyone, you don't have to prove citizenship or be a licensed driver from another state in the United States to apply....DAMN ARE YOU THICK OR WHAT!!!

[kellynla]

THAT'S JUST THE POINT, THE BILL MAKES NO STIPULATIONS!!!! Anyone can get a CA driver's license if the bill is passed and signed by RINOld...even you! ROFLMAO

[RGSpincich]

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


SECTION 1. It is the intent of the Legislature to enact
appropriate legislation that improves the safety of all California
residents while operating motor vehicles on our highways by ensuring
that all drivers of motor vehicles are properly licensed, tested, and
maintain proof of financial responsibility.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to reduce the number of unlicensed drivers on our
highways, who account for 20 percent of all accidents and, thereby,
compromise public safety, it is necessary that this act take effect
immediately.

---

Sorry pal, the bill is merely a placeholder. Nothing is proposed. That will change in the future, maybe.

[kellynla]

First of all I am not your "pal" and you obviously need to take a remedial reading course. This is my last attempt to explain that it's not what the bill stipulates that matters but what the bill does not stipulate. THE BILL DOES NOT STIPULATE THAT YOU HAVE TO BE A U.S. CITIZEN TO APPLY FOR A CA DRIVER'S LICENSE. Presently one has to prove citizenry or present the DMV with a driver's license from another state to apply for a CA driver's license. I can't put it any plainer than that.

[RGSpincich]

You have removed all doubt, you should have kept your mouth shut.