News and Views
Back
to C I W A
Table of Contents
Injured
Workers see "Gray" when Governor Davis vetoes Workers'
Compensation Benefits Increase
Governor Gray Davis, according to the Appeals Board Reporter, October 6, 2000, Edition, vetoed SB-996 which would have increased indemnity payments to injured workers. According to the article, Governor Davis indicated that the increase was "too expensive" and he encouraged both sides of the workers' compensation community to find a compromise.
Marc Marcus from CAAA stated that "Governor Davis has ignored more than 1 million California workers who have been injured on the job since he took office. The Governor's veto means billions more for business and nothing for workers."
Lessons to be learned: Governor Davis is no friend of injured workers. He could have taken a leadership role and brought the parties together to obtain a figure which he would approve. Instead, he panders to interest groups and lines his pockets with campaign donations from both sides. C.I.W.A.'s opinion on this matter is that Governor Davis should realize his game is fooling no one. Enough is enough. Injured workers and representatives of employees should think twice before donating any more money this man. His lack of leadership and initiative to pass a meaningful benefit increase demonstrates that he is not a torchbearer for the injured worker.
Vice Presidential Candidate Does Not Receive Seal of Approval:
Judge allows for release of Candidate's Workers' Compensation Mental Health Injury Claim Records
According to a report in the Los Angeles Times of September 12, 2000, Page A12, Vice Presidential Candidate for the Reform Party, Ezola Foster, had her request to seal her Workers' Compensation file at the Workers' Compensation Appeals Board declined by Workers Compensation Judge Semial Treadwell.
According to the article, Ms. Foster had filed a claim in 1996 with respect to an injury based upon a mental health condition. Judge Treadwell ruled against the motion to seal the records finding that he found that the public's right to disclosure outweighed Foster's right to privacy. Her attorneys were allowed time to appeal the decision.
Lesson to be learned: Workers' Compensation files at the Workers' Compensation Appeals Board are of public record. Although there may some limitations on how and when these files may be obtained, the files are obtainable. If an injured worker believes that there has been sensitive information brought up in their case which should remain private, the worker should request at the time of resolution of the case that that portion of the Workers' Compensation Appeals Board file be sealed. If a file is sealed, then the worker would at least have notice of any attempt to obtain the records and have the opportunity to object. An example of what would be a privacy issue would be details or facts relating to the worker's minor children, or psychiatric records which may be on file if there was no psychiatric claim of injury.
Injured Workers of the World Unite
The internet has allowed for injured workers across the United States to interact, discuss, and organize with respect to their rights under workers compensation law. Mike Weldon, an injured worker in Fresno, has been actively involved in creating a number of websites and organizing and mobilizing injured workers. You can check out his organization's website at www.injuredworkers4change.org.
When Superior Strikes Out, Kemper Saves the Day
According to a report in the Daily News Business Section of August 19, 2000, P. 1, Kemper Insurance Companies reached an agreement with State Regulators with regard to the take over of Superior National Insurance. The finalization of the rehabilitation plan allowed for the resumption of claims-related payments and checks.
Superior National consisted of five companies. Four of the companies were California Compensation, Combined Benefits Insurance Co., Superior National Insurance Company, and Superior Pacific Casualty Company. According to the article, there is a phone number for individuals who may have questions concerning coverage and policies: Contact the Department of Insurance at 800-927-HELP or 213-897-8921.
For injured workers, if your claims were handled by Superior National, Superior Pacific, or California Compensation, you can now look for Kemper Insurance Companies to be involved with the handling of your claim. In essence, Kemper has assumed the responsibility for the handling of your claims.