Posted on 04/27/2005 8:01:22 PM PDT by NormsRevenge
SACRAMENTO (AP) - Rebuffing pleas from groups representing injured workers, a Senate committee Wednesday approved Gov. Arnold Schwarzenegger's choice to head the Division of Workers' Compensation.
The Rules Committee voted 3-2 to confirm the Republican governor's nomination of Andrea Hoch as the division's director despite testimony that regulations she drafted had hurt injured workers and didn't follow sweeping changes lawmakers made in workers' comp law last year.
"Every single regulation that comes out is ... interpreted in the worst possible way for injured workers and the best way for employers," said David Schwartz, president of the California Applicants' Attorneys Association, a group of lawyers who represent injured worker.
But Senate President Pro Tem Don Perata, who broke with his Democratic colleagues to cast the deciding vote in favor of Hoch, said she was merely "a functionary in the process" and that it was Schwarzenegger's responsibility to fix problems with workers' compensation.
"We are going to pursue all remedies available to us," he said. "I don't believe the job is done."
Schwarzenegger appointed Hoch, a former chief assistant attorney general, last year shortly after he signed legislation that attempted to ease skyrocketing increases in workers' comp costs faced by employers.
When she got the nomination, Hoch promised she would "strive to ensure that workers and employers alike realize the full benefits of this important new law."
But groups representing labor, workers' attorneys and injured workers said she failed on several fronts, particularly in drafting regulations critics say will cut benefits for disabled workers an average of two-thirds.
"I believe she is faithfully doing what her boss told her to do," said Barry Broad, a labor lobbyist who accused Schwarzenegger of going back on his word that last year's legislation would not hurt injured workers.
"What he wants her to do is dead wrong. Never again will I trust this administration."
Opponents also criticized Hoch's decision to make workers who were already in treatment for job-related injuries see new, employer-selected doctors and her failure to adopt new treatment guidelines by a Dec. 1, 2004, deadline.
Employer and insurance groups lobbied heavily for approval of Hoch, saying that her defeat would disrupt implementation of reforms that they credit with bringing down workers' comp costs.
"She has done a great job," said Charles Bacchi, a lobbyist for the California Chamber of Commerce. "She's been an exceptional candidate for an extremely tough time.
Sen. Chuck Poochigian, the Fresno Republican who carried last year's legislation for Schwarzenegger, also testified for Hoch, saying she has the "skills, talent, aptitude and commitment to do the right thing. She has the temperament to work to try and reduce tension and work for common ground."
Hoch said her regulations were based on "statutory language and statutory intent. As an attorney I am very mindful of statutory authority. Reasonable minds might differ as to my interpretation but there is a legal process to resolve those disputes."
She needs to be confirmed by the full Senate by next Tuesday, the anniversary of her appointment, to keep her post. But Peggy Sugarman, executive director of Voters Injured at Work, an injured workers' group, predicted that the Senate would follow Perata's lead.
"I'm very disappointed," she said. "I never count on anything anymore. Politics is a strange game."
You know how critical I am of Ahnold but I must congratulate him on stating the position that we all adhere to.
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I caught the interview. Standard boiler plate stuff, imo. He bit off way more than he can ever chew.
California deserved better with a strong conservative at the controls. Maria and the GanGReen obviously didn't think so. ;-)
+++++++
Now I wonder if W was watching???
I think he has been..
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