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In a perfect world, workers' compensation laws should do a pretty good job of keeping an injured employee's family
afloat, but when you start messing with the safety net of Workers' Compensation, like Governor Schwarzenegger and his
big business buddies did in 2004, the stark reality is that injured employees and their families will ultimately end up
on Medicaid, Medicare and Welfare. And the private insurers are laughing all the way to the bank.
They started out by eliminating an injured workers' right to choose his/her own doctor and, instead, forced them to go
to only certain doctors who are in their employer's Medical Provider Network, which has spelled nothing but trouble for
California workers. These doctors don't seem to care about the injured worker, only about repeat business from the
employer. And that was only the beginning.
Next they forced all requests for medical treatment to be subject to utilization review (UR), which is just another
fancy word for delay, deny and refuse treatment. Claims examiners would send requests for the littlest thing to UR with
little or no documentation included. What else could the UR doctors do but refuse the requests due to a paucity of
supporting documentation?
Now the latest attack is in the area of permanent disability with doctors misinterpreting the intent of apportionment to
causation and hacking away large percentages of Permanent Disability awards for such petty excuses as age, sex, race,
religion and sexual orientation. There is a state law that forbids this but heck, they don't care.
We should keep in mind that the Permanent Disability settlements are meant to compensate an injured worker who can no
longer compete in the workplace with others. It is part of a lifeline that is supposed to last for a reasonable time
until the injured worker can find another vocation with which to support his family, or in the worst of catastrophic
cases, for the rest of his or her life.
It's been 4 years now since Governor Schwarzenegger's only claim to fame, Senate Bill 899 has certainly done the job it
was intended to do and that is to put thousands of injured people on Medicaid, Medicare and Welfare. It's just another
classic example of the promotion of special interests over the rights of the working class.
So keep your heads in the sand. When you pull them out you'll find that taxes are going higher and higher. Why, because
you are now subsidizing the Workers Compensation insurers who are making billions of dollars in obscene profits by
simply shirking their financial responsibility and refusing to pay for medical treatment that was part of an contractual
agreement made almost 100 years ago.
It's a very sad state of affairs. Makes me want to move to another state.....
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