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Conservative Republicans may grumble about Gov. Schwarzenegger being a RINO -- Republican in Name Only -- or even a
closet Democrat, but the governor is a blood-red Republican when it comes to siding with business. His 2004 overhaul of
Workers' Compensation is the prime exemplar.
Schwarzenegger has drifted to the left on the environment, the budget, health care and some other issues, but he
constantly trumpets employers' multibillion-dollar savings in the program that compensates workers for job-related
injuries and illnesses.
"I was sent to Sacramento to protect businesses, and that's why the first thing I did when I came into office was, we
reformed workers' compensation," Schwarzenegger has said, adding, "We went in there and we reformed the system, but a
radical reform. And now, as I have said, we are putting $14 billion back into the economy because we reduced the Workers'
Comp costs by 50%, and like I said, another 16% is coming."
Insurance Commissioner Steve Poizner has recommended another 14% cut in premiums charged by workers' comp insurers. As
Schwarzenegger said, employers' overhead for Workers' Comp has been reduced by at least $14 billion a year, even as
their insurers' profits have soared.
Despite pressure from labor unions, medical care providers and comp attorneys, a Legislature controlled by liberal
Democrats has been reluctant to roll back the 2004 changes, although a bill increasing disability benefits, similar to
one Schwarzenegger vetoed last year, has cleared the Senate. And last month, the 1st District Court of Appeal, ruling in
the first of a long string of comp cases, declared that claims for benefits arising out of accidents before the law took
effect are subject to its restrictions. The case went to the guts of the legislation -- much tighter benefits for
permanent, but partial, disabilities.
Temporary disabilities carry relatively little cost, while completely disabling injuries are rare, and therefore also
relatively inexpensive. For years, employers and other major players battled over costly benefits for the partially
disabled, both monetary payments and medical services, and tightening eligibility was the central piece of the 2004
overhaul.
Even so, the administrative regulations the Schwarzenegger administration promulgated later are what triggered the
adverse reaction, with Democrats who voted for reform saying they never intended to impose such deep cuts on benefits to
injured workers.
The coalition seeking a rollback has distributed what it calls "horror stories" about disabled workers to bolster its
case but so far has been unable to generate much public or media interest.
Had Democrat Phil Angelides ousted Schwarzenegger in last year's election, one of his first acts would have been to roll
back the much-disputed regulations. But with Schwarzenegger re-elected in a landslide, the coalition's hopes now rest on
administration studies being conducted on the effects of the reforms. So far, they have confirmed critics' complaints
about sharp reductions in disability ratings and compensation levels. But whether they will lead to change is problematic.
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