California may boost payouts to workers injured on the job

[Omaha Steve]

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/05/10/state/n115405D60.DTL

Saturday, May 10, 2008

(05-10) 19:45 PDT SACRAMENTO, (AP) --

Californians permanently injured on the job would get an average 16 percent increase in disability payments under new rules proposed by the state Division of Workers' Compensation.

The formula proposed Friday is based on new data that links wage losses to the type of injury suffered by the worker. The formula calculates payments to disabled workers based on estimates of how much they would earn if they weren't permanently injured.

Division Director Carrie Nevans said the new formula is based on a review of how wage losses relate to injuries under the worker compensation formula in use since 2005.

"We've been studying how those two factors intersect ... and now have enough data and analysis to support this increase," Nevans said in a statement.

The proposed formula would bring larger increases for workers who suffer the highest wage loss and increase benefits for some of the most common and serious injuries like those to the back, wrist, hand and ankle, Nevans said. The proposed formula would also eliminate age as a factor in setting benefits.

The public can comment through May 23. The proposed formula change will go through several months of public hearings and revisions before a final formula is adopted.

FULL story at link.

[CountAllVotes]

1. if Arnie has his way

he'll do away with worker's comp. IMO.

It costs too much & prisons are more important.

*sigh*

:kick:

[msedano]

2. CA already eliminated injured worker protection.

Used to be when a person went out on disability the employer was held liable for the person's earnings, ie, they got their job back, albeit with modifications as defined by the various medicos. With worker's comp reform, employers no longer are forced to hold jobs for injured. An injured worker declared fit to return comes back to the same or similar work station. If the declaration carries modifications, the employer is free to decline to offer modified duty consistent with the injured party's modifications, offering a different position equally strenuous, or maybe, with the slightest mod, the same work that contributed to the injury in the first place. If the worker then turns down the offered position, the employer has fulfilled the employer's obligations under worker's comp reform and the injured former employee hits the streets to find another position. the employer's insurance stops paying and the state's own insurance kicks in until the benefits get exhausted.

On the other side of the coin, prior to reform, employees faked injury in a bid to retire on the company's dime. Abuses of the system drove well-intentioned employers to the dark side of fair practices. Evil shits gleefully rubbed their hands at the prospects of sticking it to their injured worker. A typical case, some sluggard gets her his ass fired for nonperformance, absenteeism, or other just cause. A week later, here comes the summons for records from the State, the former employee claiming "cumulative trauma" and mental stress. Easy street and Life of Riley. Worker's Comp corrected that type of abuse, but goes too far to the other side.