Governor vetoes bad work comp bills

By CMTA Staff

Capitol Update, Oct. 1, 2010 Share this on FacebookTweet thisEmail this to a friend

Once again Governor Schwarzenegger has stood strong behind the Workers’ Compensation System he helped to reform in 2004.  Two bills that would have weakened the system and added significant costs have been vetoed.

AB 933 (Paul Fong, D-Mountain View) would have required a physician doing utilization review to be licensed by California state law.  In his veto message, the Governor said that ”such a requirement would be inconsistent with how utilization review is conducted in other areas of medicine and not in line with best practices nationwide. The proponents of this measure have not demonstrated a need for this disparity in treatment.”

SB 145 (Mark DeSaulnier, D-Concord) would have limited apportionment based upon causation. The bill had the appearance of an anti-discrimination law, but had the effect of limiting the ability to obtain apportionment based upon "risk factors" such as age, gender or genetic predisposition. It would have prevented a workers’ compensation claim from being denied or impacted by an apportionment determination because the employee’s injury or death was related to the employee’s race, religious creed, color, national origin, age, gender, marital status, sex, or genetic characteristics. The Governor said that while the measure purported to address instances of improperly denied claims when a hate crime was committed against an employee, the issue had already been addressed by AB 1093, which he signed last year.

 

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