Tag Archives: worker’s compensation

SB 899 press release

Governor’s Workers’ Comp Law Discriminates

Against Seniors, Women, Disabled

SB 899 “Apportionment” penalizes people over 50, women;

Millions of dollars withheld each year

SACRAMENTO – The Third District Court of Appeal today heard another legal challenge to Governor Schwarzenegger’s workers compensation law. The California Applicants’ Attorneys Association (CAAA) says the law discriminates against women and elderly workers by reducing the compensation they would otherwise receive for a disability caused by a work injury simply because of their age, gender or other “risk factors.”

CAAA, whose members represent injured workers, today called for the courts and the Legislature to stop age, gender, and ethnicity discrimination that reduces compensation to disabled workers by millions of dollars each year. “The governor’s law allows insurance companies to discriminate against Californians over 40, women and ethnic minorities,” said Sue Borg, president of CAAA. “Insurers and their doctors say women, minorities or older workers are more likely to develop certain conditions. Then, without any evidence these factors contributed to the work injury or were even known or symptomatic prior to the work injury, they reduce the disability award for these people. Under this new law an older worker who does the same work as younger colleagues can receive less compensation for the same work-caused disability, and a woman doing the same work as her male co-workers can similarly receive less compensation for the same work-caused disability.”

Dianne Fitzpatrick, 64 years old, injured her back working as a schoolteacher, when a disruptive student pulled her to the ground. After the injury, medical exams revealed that Ms. Fitzpatrick had low bone density (osteopenia), a condition common among middle-aged women. Women are far more likely to develop osteopenia and osteoporosis than men. More than half of Americans over 50 years of age either have weakened bones, or bones that are beginning this deterioration. But for most of these individuals, this condition has no impact on their ability to do their job, and in fact many will live their entire lives without knowing anything about their own osteopenia or seeing any symptoms.

“California has long prohibited reduction of workers’ compensation awards based on an employee’s vulnerability to disease or injury. The discrimination against Ms. Fitzpatrick, based upon her age and her osteopenia, violates one of the fundamental public policies of our state and nation,” said Borg.

Ms. Fitzpatrick was partially permanently disabled by her work injury, and would have been awarded permanent disability compensation of approximately $163,582. However, her compensation for a lifetime disability caused by her work injury was reduced by more than half due to “the aging process” and underlying osteopenia. “It is unacceptable that those who have worked hard to build California are having their compensation taken away simply on the basis of age or gender,” said Borg.

Apportionment is a mechanism to assure that employers are not held responsible for a “pre-existing” disability if one of their employees is injured on the job. Some types of apportionment are not discriminatory. For example, any prior compensation received can be deducted from a subsequent award should the worker suffer a further disability to the same body part. But “SB 899 promotes de facto discrimination on the basis of age, gender and other conditions,” said Borg. “Ms. Fitzpatrick’s case is just one of thousands penalizing the elderly, women and racial minorities in California’s workforce. As we age, everyone will develop degenerative conditions that have no symptoms, or symptoms that don’t affect our ability to do our jobs. Until SB 899, employers could not penalize a worker for a pre-existing condition if it did not impair their ability to do their job. Now, insurance companies aggressively seek any signs of aging and automatically reduce a worker’s compensation solely on that basis. Apportionment under SB 899 discriminates against older workers by using a natural part of the aging process to limit the award of compensation.”

California Government Code section 11355 provides in pertinent part:

(a)    “No person…shall, on the basis of race,…sex,…color, or disability,…be unlawfully subjected to discrimination under any program or activity that I conducted, operated or administered by the state…”.

http://www.DenialofCare.org/

October 12, 2007 Blog Roundup

Today’s Blog Roundup is on the flip. People wrote a *lot* in the last couple days, which means that yesterday was a bad day for me to quit sniffing glue be too busy to put together a roundup. Let me know what I missed.

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Oh, Madam Speaker…

Soldiers, Mercenaries,
“Security”

Health Care

Whiskey Is For Drinkin’

Environmment and, um,
Labor

Other Legislation

Local News

All the Rest

July 22, 2007 Blog Roundup

Blog Roundup is on the flip; hopefully I made the email distribution cutoff. Went through 500 posts in 35 minutes.

As always, if I missed something, let me know in comments.

Budgets are Moral
Documents (Chronological Order)

Everyfink else (no
particular order

Legislative Scorecard

It’s hard to keep up with all that’s happening on the floors of the Senate and Assembly in this crucial week, but let’s bullet point a sampling what we know has been done so far:

* The State Senate passed SB 494, which mandates that 50 of all vehicles sold in the state run on alternative fuels by 2020.  This is similar to the bill that the CA Air Resources Board overturned several years ago, leading to the dumping of the EV1 project (ever see “Who Killed The Electric Car?”).  It was a party-line vote, with the exception of Mod Squadders Correa and Machado.

* SB 936 is a very important bill which would bring Workers’ compensation back in line with reality in cases of permanent disability. The bill “increases the number of weeks of indemnity payments for the range of percentages of permanent disability ratings.”  It passed 22-13.  Too many people are falling through the cracks of worker’s comp “deform.”  This is a good step.

* SB 1036 and SB 210 were also environmental bills that strengthen the good start made in AB 36 to tackle the problem of global warming.  SB 1036 provides additional funding for renewable energy, and SB 210 gives legislative heft to the Governor’s executive order reducing the carbon content in all transportation fuels sold.  SB 1036 was unanimous; Correa joined all Republicans in voting against SB 210.

more…

* AB 48 and AB 514 outlaw the sale and use of toxic chemicals like diacetyl.  Both were party-line votes except for Democrat Nicole Parra voting against.

* Bills AB 527 and AB 292, promoting green building technology and solar energy, passed.

* AB 234, authorizing the use of have umbilical cord blood in stem cell research, passed unanimously and was brought to the floor by Republican freshman Assemblyman Anthony Portantino. (h/t Kalu))

* AB 1393 passed, Mark Leno’s “Public Records Act” that will make it easier to obtain government data electronically.

* Gil Cedillo’s “driver’s licenses for illegal immigrants” bill, which really isn’t that simple, passed through the Senate (SB 60)

* SB 63 from Carole Migden, requiring labeling on foods made from cloned animal products, passed.

* SB 943 would fund for a health center at San Quentin State Prison, paid through bonds.  Considering how broken the prison health care system is, this is probably a good step.  It passed easily.

Bigger bills on health care, clean money and more come up later in the week.

California Blog Roundup, 4/25/06

Today’s California Blog Roundup is on the flip. Teasers: the independent expenditure campaign for Angelides, a bit more on the Angelides/Westly matchup, Governor Schwarzenegger’s manifest and multitudinous failings, the import of CA-50 and the Republican swift-boating of Francine Busby, more 15% Doolittle and his defenders moral relativism, Paid-For Pombo’s self-dealing and propaganda, and some miscellaneous commentary I found interesting on Di-Fi, Bush’s visit, California Senate Staffers, etc.

The Angelides / Westly Matchup

Governor Schwarzenegger

CA-50

  • Chris Bowers at MyDD ponders whether a Busby win in the runoff would be a harbinger for realignment, and whether a loss would indicate the opposite.
  • Francine Busby responds to the Republican swiftboat-style ads in CA-50. Turns out those ads are pretty much all lies and distortions. Whoda thunk it?
  • Words Have Power notes that the NRCC, which is paying for the ad, seems to have no-one able to comment on it. Apparently the ad sprang organically from the Republican party infrastructure in the dark of night (rather like a mushroom).

15% Doolittle / CA-04

Paid-For Pombo / CA-11

Smörgåsbord