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The Injured Workers' Choice Of A Competent Treating Physician Is Eliminated!
All injured workers (as of 1/1/2005) are now forced into employer and insurer controlled "Medical Provider Networks!" No longer can they choose a treating physician in whom they have trust and confidence. Most company doctors arent primarily interested in the injured worker's care, nor whether he gets back to work or not, only in the company's repeat business!
The New Permanent Disability Schedules Cut The Compensation Of Injured Workers By Almost 75%!
Governor Schwarzenegger rushed into law (as of 1/1/2005) a Permanent Disability Schedule that reduces an injured worker's permanent disability compensation by almost 75%. Thousands of California workers - such as farmworkers and public safety officers - with disabling back, shoulder, or knee injuries will have a "0%" AMA Guides impairment rating and receive no benefits at all.
Insurance Carriers Were Allowed To Pocket All Of The Savings From The Changes Of SB899!
Governor Schwarzenegger refused to regulate excess insurance premiums. Insurers have ignored rate reduction recommendations and have reported record-high profits. Insurers have pocketed billions of dollars cut from injured workers, while employers have seen little, if any, respectable reductions in insurance premiums.
SB899 Reduced Or Totally Elimated Meaningful Penalties For Insurance Carrier Misconduct & Delay!
Governor Schwarzenegger reduced penalties on insurance carriers who repeatedly, unjustifiably & maliciously withhold payments for accepted medical care and disability benefits. As of 6/1/2004, penalties were reduced to 10% of the amount denied. Insurance carriers can now routinely deny valid benefits and treatment with impunity. Late payment and unreasonable withholding of benefits is widespread, penalties should be increased, not decreased. Gone is the Labor Code 5814 (Full Species) penalty which insurance carriers feared, which forced them into some form of compliance with the laws and made a serious dent in their pocketbooks.
The Insurance Commissioner & District Attorneys From Around The State Ignore Fraud Committed By Insurers & Some Of Their Their Defense Counsel!
There is an inherent Conflict Of Interests between the Department of Insurance and District Attorneys from around the state who you think are working in YOUR best interests. The reality is that they are NOT! The Department of Insurance gives the DA's money from the Fraud Assessment Commission to fight fraud, and more and more evidence shows that they are trying to prosecute the occupationally injured whether they are guilty or not to get their peice of the multi-million dollar pie. There simply is no financial incentive for them to go after the real bad guys who bring the system to a standstill! When injured workers file complaints with the DOI and the DA's illustrating prima facie cases of insurance fraud committed by insurers and some of their their defense counsel, they are simply ignored or buried. So WHO is really committing the fraud?
Apportionment To Causation Unfairly Penalizes Women, Mothers, & Naturally Aging Workers!
Apportionment to causation, (4/19/2004) further reduces permanent disability benefits based on conditions both known and unknown such as having given birth, having lived long enough to start aging, and being born with defects that are not work disabling. Workers with diabetes or osteoporosis, or aging workers with asymptomatic arthritis, now receive reduced benefits.
SB899 Arbitrarily Cut Off Temporary Disability Benefits For The Most Severely Disabled Workers!
Governor Schwarzenegger cut off (as of 4/19/2006) temporary disability benefits after two years whether the worker is healed or not. Discontinuing wage replacement benefits while workers are still medically unable to work is immoral and unfair, and hurts the most seriously injured or ill workers. One cannot dictate to Mother Nature a specified time schedule for those who suffer the most catastrophic of injuries, and require a long road back to recovery.
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