Workers’ comp ‘reforms’ failed to protect injured workers

[Guest guest]

Note: In the State of California, the guidelines that physicians must

adhere to when treating injured workers are written by the American College of

Occupational and Environmental Medicine, (ACOEM), under SB899. This is the

same group who legitimized the false concept that it has been

scientifically proven mold toxins in an indoor environment could not plausibly

reach a

level to cause injury to occupants of water damaged buildings. In

California, this concept is taught to physicians at the Association of

Occupational

and Environmental Clinic (AOEC) that is located at UC Irvine. UCLA's

occ-med clinics teach the same thing in seminars held in conjunction with the

UC Irvine AOEC. They even hold mock trials on the subject to " educate " the

physicians about mold induced illness.

AOEC has several locations at teaching hospitals around the country and is

government funded with OUR TAX DOLLARS thru NIOSH, ATSDR and the EPA for

the dissemination of accurate medical information within medical teaching

facilities. They also oversee the funding for the Pediatric Environmental

Health Specialty Units (PEHSU) that are meant to use these government funds

to advance the understanding of environmental illnesses in our children.

With that, the newest article regarding conflicts of interest in workers

compensation insurance in the State of California. See below:

Workers’ comp ‘reforms’ failed to protect injured workers

By

_Todd McFarren_

(https://mail.google.com/author.php?_c=xy0fkir7n59cto & 1= & xid=xxzly674ck15w5) |

04/30/09 12:00 AM PST Capitol Weekly

(http://www.addthis.com/bookmark.php) Five years after passage of Gov.

Schwarzenegger’s SB 899, the evidence is clear that the law has failed

Californians who are injured on the job.

While SB 899 has delivered billions in savings to employers and tens of

billions in record-high profits to insurance companies, it has plunged tens of

thousands of working Californians into pain, misery, poverty and despair.

Since SB 899 was implemented by the Schwarzenegger Administration,

Californians injured at work receive among the lowest disability compensation in

the nation. If an ear, hand, leg, eye, or foot is lost in a workplace

accident, Californians receive a pittance compared to other states and even the

average of U.S. states.

Just one example tells the story. According to the U.S. Chamber of

Commerce, loss of a hand at work is valued at $249,000 in Iowa, $162,000 in

Oregon, $238,700 in Illinois, $134,000 in New York, and just $79,000 in

California. That is the total compensation injured workers receive for the

lifetime

loss of that hand. They can’t sue for more. The Schwarzenegger

Administration places lower value on your body than virtually any other state in

the

nation. This is what the governor touts as his signature success. It begs the

question, “Success for whom?â€

According to the insurance industry’s own research bureau (WCIRB), most of

the insurance premium dollars that employers have paid have gone to

insurance company profits and expenses, not to care for on-the-job injuries nor

to

compensate permanently disabled workers. Insurance companies have pocketed

$26 billion in profits – record highs, while injured workers’ care and

compensation have fallen to record lows. Injured workers have seen their

disability compensation plummet to near the bottom of the 50 states. Medical

care has been delayed and denied to the point that most physicians have

withdrawn from treating injured workers. This is contrary to what was promised,

and the governor has refused to remedy this horrible situation for

Californians injured while working.

Now, insurance companies are preparing to raise rates again. They are

claiming that the cost of “medical care†has skyrocketed. Closer examination

of

the industry’s own numbers shows that the majority of this “medical careâ€

increase is the cost of denying and delaying medical care.

CAAA is opposing the insurance industry’s proposal to increase workers

compensation premiums by 24 percent. Insurance premium rates continued to

decline through the end of 2008, dropping to $2.25 per $100 of payroll. This is

the lowest rate in several decades, and is down over 65 percent from its

peak of $6.45 at the end of 2003.

It is folly to believe insurance industry claims that the reforms are no

longer reducing costs. Statutory limits on physical therapy and chiropractic

treatment are still in place, medical treatment authorization requests are

still judged against nationally developed treatment guidelines and are

subject to utilization review, outpatient facility fees are still subject to

the Medicare fee schedule, injured workers can still receive a maximum of 104

weeks of temporary disability, penalties for unreasonable delay are still

minuscule, and permanent disability awards are still subject to

apportionment.

In requesting a sharp increase, the insurance industry failed to account

for an unprecedented drop in the number of workers compensation claims for

permanent disability compensation since SB 899 took effect. The number of

workers compensation claims has been cut in half since SB 899. It’s not that

there has been a revolution in workplace safety. More than 250,000

Californians still get hurt at work every year. But half of them decline to

enter

the workers compensation system because it is widely known that company

doctors control medical care and disability compensation is pitiful. Let’s

face

it, the group health, disability, and welfare systems are picking up half

the tab for workplace injuries. So much for success in delivering medical

care.

Sharon Noonan Kramer

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