CA: Governor's workers' comp director faces growing opposition

Bakersfield Californian ^ | 2/18/05 | Steve Lawrence - AP

[NormsRevenge]

SACRAMENTO (AP) - One of Gov. Arnold Schwarzenegger's appointees is facing a tough confirmation fight because of regulations that opponents say go beyond the sweeping changes lawmakers adopted last year in the state's workers' compensation system.

The Republican governor's nomination of Andrea Hoch as director of the Division of Workers' Compensation has drawn strong opposition from labor unions and groups that represent injured workers and workers' attorneys.

And a lobbyist for one of Hoch's biggest supporters, the California Chamber of Commerce, says the appointment may be in trouble.

"It's in question right now," said Charles Bacchi. "It's hanging in the balance. ... That's why people are taking it real seriously."

Hoch's nomination was set to be considered next Wednesday by the Senate Rules Committee, but the Senate's leader, citing a flood of letters supporting and opposing the appointment, said Friday will delay the hearing.

"Obviously we should allow more time for everyone to get their comments in," said Alicia Dlugosh, a spokeswoman for Senate President Pro Tem Don Perata, the Oakland Democrat who chairs the committee.

Hoch, a former chief assistant state attorney general, was strongly criticized late last year when she issued regulations governing how doctors rate the severity of workers' disabling injuries.

The California Applicants' Attorneys Association, citing a study by a University of California professor, predicted the new rating system would result in average benefit reductions of 70 percent for disabled workers.

Hoch has also drawn criticism for issuing retroactive regulations that require workers with job-related injuries or illnesses to see doctors picked by employers or their insurers.

"She's interpreting every statute against injured workers and stretching the interpretation as favorably as she can for the insurance companies and the employers," said David Schwartz, the association's president. "I've never seen an administrative director who is more anti-worker."

Delaying the hearing indicated Hoch's confirmation is in trouble, Schwartz said.

A spokesman for Schwarzenegger, Vince Sollitto, said the governor had no plans to withdraw the appointment and hadn't requested the delay.

"She clearly is implementing the law as passed and the governor believes she should be confirmed," he said, contending her opponents were "trying to win back in the regulatory process what they lost decisively in the Legislature."

Employer groups are lining up in support of Hoch. Bacchi says she's been "hardworking and fair and been delivering results" on the changes that Schwarzenegger pushed through the Legislature last April to try to curb employers' skyrocketing workers' comp costs. "We think she's doing a good job."

The legislation was approved by lopsided majorities as Schwarzenegger threatened to try to put a more pro-business overhaul on the ballot.

Senate staffers say they've been flooded with letters supporting and opposing Hoch's nomination.

The five-member Rules Committee's three Democrats could determine Hoch's fate. At least one of those lawmakers, Sen. Debra Bowen, D-Redondo Beach, says she hasn't made up her mind.

"I will never make up my mind on any Rules appointee until I hear the testimony," she said.

If approved by the committee, the nomination would go to the full Senate for a vote. To remain in office, Hoch needs to be confirmed by the Senate by April 25.

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On the Net: www.senate.ca.gov., www.dir.ca.gov/dwc

[brooklin]

If the unions don't like her, I do.