California Senate Bill 863 is falsely presented as a $700 million increase in permanent disability compensation in return for “efficiencies” in the workers’ compensation system totaling more than $1 billion.
If SB 863 is passed, it will affect injured workers, taxpayers, and the economy. Insurance companies will profit by shifting costs to taxpayers to pay for those who are not working and need medical treatment because of a work injury.
Employers can save money by limiting the profits of the insurance companies, including the elimination of utilization review of medical treatment recommended by doctors in the insurance companies’ medical provider networks.
Injured workers will see the alleged increase in permanent disability compensation because the measure eliminates injured workers’ ability to prove lost future earnings and it limits any permanent disability rating only to select provisions of the American Medical Association Guides. Studies, including out-of-California universities, proved that the adoption of the AMA Guides and Senate Bill 899 drastically reduced injured workers’ benefits. SB 863 will hurt injured workers more.
This bill gives insurance companies complete control of medical treatment and injured workers’ cases. It will eliminate compensation for diminished future earnings capacity, age modifications of permanent disability ratings, psychological damage from physical injuries, sleep and sexual damages from work injuries, compensable consequences of work injures, agreed medical examiners medical treatment determination, and injured workers’ medical control.
This measure is unconstitutional since California’s Constitution requires workers’ compensation benefits be adequate in place of suing employers in civil court.
Please sign the petition to stop the approval of SB 863.
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Do not pass Senate Bill 863
The new workers' comp measure (Sen. Ted Lieu's SB 863) will be falsely presented as a $700 million increase in permanent disability compensation in return for "efficiencies" in the system totaling $1.4 billion. This bill, if passed, will be devastating to injured workers, and the California taxpayers and economy. Insurance carriers will profit by shifting costs to the rest of us to pay for those out of work due to an injury and in need of medical care that is denied without recourse by the insurance carriers empowered by this bill. Employer costs can be saved by limiting the profits of the insurance carriers including eliminating Utilization Review (a big profit generator/cost of the system) of medical care recommended by the carriers medical provider network doctors.
Very few injured workers will see the alleged increase in permanent disability compensation, because the bill ELIMINATES INJURED WORKERS' ABILITY TO PROVE LOST FUTURE EARNINGS AND LIMITS ANY PERMANENT DISABILITY RATING SOLELY TO SELECT PROVISIONS OF AMA GUIDES. Many studies, including out of California universities, have proven that the adoption of the AMA guides/SB899 have drastically reduced benefits. This will do even more damage.
THE MEASURE GIVES INSURANCE COMPANIES TOTAL CONTROL OF MEDICAL CARE and ALL ASPECTS OF AN INJURED WORKER'S CASE and eliminates compensation for:
Diminished future earnings capacity
Age modifications of permanent disability ratings
Psychological damage from physical injuries
Sexual dysfunction damage from work injuries
Sleep disorder damage from work injuries
Compensable consequences of work injuries
Agreed Medical Examiners are barred from determining medical treatment
Choice of interpreters
Choice of copy services to provide medical records
Medical control of injured worker's treatment
This measure is unconstitutional as the constitution requires workers' comp benefits be adequate in lieu of the right to sue in civil court. Please do not let this bill pass.
Don't let the horrors of SB 899 be repeated!