Comp News

CEO pay is out-of-control, but we have a chance to rein it in.

caaaAdmin — Tue, 15 May 2012 19:11:00 GMT

We need your help. CEO pay is out-of-control, but we have a chance to rein it in. CEOs of the largest companies now make 380 times the pay of the average worker in the United States. Yes, that's right. 380 times!

This growing income inequality is hurting our nation's economy and working families.

Luckily, some small steps have been taken to bring CEO pay out into the open but, as The New York Times editorialized recently,¹ corporate lobbyists are pressuring the Securities and Exchange Commission (SEC) to drag its feet about making this information public.

Click here now to tell the SEC to take a step in the right direction and disclose CEO-to-worker pay ratios.

Runaway CEO pay is bad for our economy and it's bad for the morale of working families. Employees at every level, from the executive suite to the mailroom, contribute to making a company successful.

But companies act as if CEOs alone are responsible for the success of their organizations. That's why the average CEO of an S&P 500 company received a 13.9 percent raise in 2011 compensation-to an astounding $12.94 million.

Tell the SEC: Make CEO pay more transparent by disclosing CEO-to-worker pay ratios.

The Dodd-Frank Wall Street Reform and Consumer Protection Act requires public companies to disclose CEO-to-worker pay ratios. Disclosing these pay ratios will shame companies into stopping runaway CEO pay.

But corporate executives are lobbying hard to keep this pay information secret. We need to let the SEC know that a few corporate lobbyists advocating for the interests of the 1% does not outweigh the views of working families who feel CEO pay has run amok.

Click here now to send a quick e-mail to the SEC and demand that the CEO-to-worker pay ratio disclosure rule be issued ASAP.

Thank you for acting to help us rein in out-of-control CEO pay and standing up for working families.

P.S. Want more info on CEO pay and how it is hurting our economy? Check out our CEO Pay and the 99% website.

¹ http://www.nytimes.com/2012/05/02/opinion/the-boss-and-everyone-else.html?_r=1

Injured Workers’ Advocates Call for End to Unreasonable, Unwarranted and Costly Delays and Denials of Medical Care by Insurers

caaaAdmin — Tue, 15 May 2012 18:51:00 GMT

FOR IMMEDIATE RELEASE: Tuesday, May 15, 2012

Contact: Steve Hopcraft 916/457-5546, Steve@hopcraft.com; Twitter: @shopcraft

SACRAMENTO, CA - The California Applicants' Attorneys Association (CAAA) today met with legislators to call for action on problems that injured employees have faced since the enactment of SB 899. "The only measure of the success or failure of the workers' compensation system is whether injured workers are receiving appropriate medical treatment and adequate disability compensation," said Brad Chalk CAAA President. "The system is one that is plagued with delays and denials of medical treatment, and where disability compensation is grossly inadequate."

Delay and denial have become standard operating procedure, leaving far too many employees without the medical treatment they need to recover and return to work and without adequate indemnity benefits they need to achieve at least a minimal financial security.

"As small businesspersons, CAAA members certainly understand the importance of controlling employers' costs. Past efforts to control costs by adopting 'reforms' have instead created horrendous delays and cut already inadequate compensation, and as a result have actually increased costs," said Chalk. "Any further reforms need to improve access to needed treatment and increasing disability compensation."

Trying to get approval for most medical treatment has devolved into a morass of UR denials, QME/AME evaluations, physician depositions, and Board conferences and hearings. Each of these steps not only delays the provision of needed treatment, but exponentially increases both defense and adjuster costs. Delaying return to work also increases employers' expenses both by extending the period of temporary disability and by adding costs for hiring and training replacement employees.

Utilization Review (UR) is a prime example. One of the key goals of the system is to provide prompt and professional medical treatment so that injured workers can return to work as soon as reasonably and medically possible. With the advent of UR, this is just not happening. Although the original concept of UR was to authorize treatment quickly, UR has now become a cottage industry where the norm is not authorization, but rather delay and denial of treatment.

For example, the case of a Bay Area carpenter who has been denied needed treatment. "The insurer has denied all tests. Physical therapy has been denied. My medication has been denied. It feels like a game the insurer is playing with my requests," said Millicent Melum, an injured carpenter from Berkeley. "The denials just delay the proper treatment I need to heal and get back to work. I had to go to court to have the judge order the insurer to authorize my workers compensation payments."

"Instead of providing the intended quick process for approving medical treatment requests, UR is far too often used simply to delay treatment, and has become a major cost driver in the system. The entire process needs to be re-examined to make certain that the provision of appropriate and necessary medical treatment is not delayed," said Chalk.

Adopting reforms that promote the prompt and efficient delivery of appropriate and necessary benefits, allowing cases to close and employees to return to work faster, is actually the most effective way to eliminate unnecessary expenses and generate needed savings.

(end)

Labor News

caaaAdmin — Mon, 14 May 2012 19:37:00 GMT

Click on the links below for Labor News from our Affiliates

CEO pay is out-of-control, but we have a chance to rein it in. AFL-CIO Message. CEOs of the largest companies now make 380 times the pay of the average worker in the United States. Yes, that's right. 380 times!

Hyatt Hurts Campaign E-Newsletter, May 11, 2012 Landmark OSHA letter tells Hyatt that its housekeepers are at risk. Click on the link above to read more.

Put 1,500 workers on the bus to the UFW Convention The UFW will be holding its 50th Anniversary Convention one week from today, from May 18 thru May 20th, at Bakersfield's convention center. Click on the link above for more information.

Very, Very Greedy Verizon Verizon has seen its profits and CEO pay soar while it cut jobs and gutted health care and other benefits for workers. These VeriGreedy practices need to stop.

Safe Jobs for Youth Month Each year, California teens enter the workforce through summer jobs or part-time employment. However, many teens are unaware of their employment rights and the possible hazards that they can encounter in the workplace

Workers Memorial Day, 2012 Presidential proclamation April 28, 2012 as Workers Memorial Day.

Stand with Victor and Karla, trash hauler and sorter, on May Day! "We were made to take our breaks and eat our lunches on the ground amongst the trash, with rats and cockroaches all around. " -Karla. May Day Protest to Support Trash and Recycling Workers.

Mourn the Dead, Fight for the Living - Saturday April 28 - AFL-CIO Events The numbers are staggering. In 2010, an average of 150 workers died from job injuries and illnesses every day. And nearly 4 million workers were hurt or made ill. To find an event near you, click on the above link.

Pray for the Dead and Fight Like Hell for the Living. Saturday, April 28, is International Workers Memorial Day-a time to remember those who have been injured or killed at work, and to recommit to supporting efforts to keep all workplaces safe for workers.

This May Day, Fight for Workers' Rights! WHEN: Tuesday, May 1, 2012 at 11:00AM
WHERE: American Reclamation located at 4560 Doran St., Los Angeles, CA 90039

LA Labor On the Move Updates.

Hyatt Hurts Campaign E-Newsletter, May 11, 2012

caaaAdmin — Mon, 14 May 2012 18:48:00 GMT

Landmark OSHA letter tells Hyatt that its housekeepers are at risk

In a first for the hotel industry, the U.S. Occupational Safety and Health Administration (OSHA) has issued a letter to Hyatt Hotels Corporation (pdf), notifying the company of ergonomic risk factors faced by housekeepers in the course of their daily work. The letter recommends simple steps for Hyatt to take to reduce the ergonomic strain of housekeeping labor. Read the full press release here.

The OSHA letter concludes a year-long investigation process of Hyatt properties nationwide led by OSHA, instigated by a major filing of injury complaints against the company in eight cities in 2010.

To learn more about this landmark letter, click here and here.

Workers in the Philippines, India, and Israel launch solidarity actions for Hyatt boycott

In recent weeks, organized workers and their unions in the Philippines, India, and Israel have condemned the Hyatt Corporation for its pattern of abuse and expressed support for organizing Hyatt workers in North America.

To learn more about international solidarity actions, click here.

Women Still Under Attack at Hyatt

In recent years, Hyatt has fired or disciplined a number of women who have spoken out about abuses at work. In the latest incident, Hyatt fired Sonia Ordonez, a single mother who has worked as a cook for six years at the Hyatt Regency Chicago, after she stood up for herself and fellow workers. Sonia has spoken to many faith and other community leaders in recent months and even took her story to Hyatt's top leaders at a shareholders meeting last June.

Now more than 1800 supporters have called on the Hyatt to reinstate Sonia Ordonez. Send a message to the hotel's General Manager by clicking here.

What do Walmart and Hyatt have in common?

In late April, Bay Area Walmart and Hyatt workers came together to protest injustices they face at work. Walmart and Hyatt workers, joined by community members, held a demonstration outside an event attended by Greg Penner, who now sits on the Board of Directors for Hyatt and Walmart. Greg Penner received a seat on the Board of Hyatt Hotels Corporation when the Walton family invested $1 Billion in Hyatt in 2007. The protest was part of a nationwide 99% Power Campaign to hold corporate America, the 1%, accountable to the 99%.
Watch a video of the protest here.

Seattle Mayor Backs Hyatt Workers

Hyatt workers at Hyatt at Olive 8 joined thousands of fellow Hyatt workers nationwide, who are calling for a fair process to organize. For years, non-union Hyatt hotel workers across the United States have suffered disrespect and abuse from Hyatt management.

On April 3, Seattle Mayor Mike McGinn wrote to the general manager and owner of Hyatt at Olive 8, underscoring his belief that workers have "the right to decide whether to join a union, free of intimidation or improper interference." Mayor McGinn has recognized the important role the hospitality industry has in Seattle – providing lodging, dining, and event space for consumers. In standing with Hyatt workers, he also shows that hotels such as Hyatt must do more to provide quality jobs and respect its workers.

Read Mayor McGinn's letter in support of Hyatt workers here (pdf). City and local officials also spoke out in support of Hyatt workers. King County Councilmembers Larry Gossett and Joe McDermott, Seattle City Councilmember Nick Licata, Port Commissioner Rob Holland, and 20 community allies joined Hyatt workers. They called on Hyatt to permit a fair process to organize. Thank you, Seattle, for supporting Hyatt workers! View more pictures of the Seattle community standing up for Hyatt workers.

Hotel workers, allies tell Hyatt: Let immigrant workers work—Don't use E-Verify

Recently, workers at the Hyatt Santa Clara, a non-union hotel, discovered posters about E-Verify, the federal internet-based system used to check immigration status of employees. The U.S. Department of Justice has stated that "E-Verify should generally only be used at a time of hire" and can't be used for "re-verification." When workers saw the posters, they were concerned and swiftly took action.

Immigrants are the backbone of Hyatt's economic success. However, for years, many have been subjected to low wages, backbreaking working conditions, and management that refuses to allow workers to have a fair process to choose a union.
To learn more about Hyatt and E-Verify, click here.

Hyatt, Corporate Money, and the LGBT Community

In April, UNITE HERE and LGBT rights activist Cleve Jones spoke to Local 26 members and MassEquality in Boston about the troubling trend of corporate influence on the LGBT movement and the justice movement as a whole, identifying the Hyatt boycott as crucial opportunity for the labor and LGBT movement to join forces. While the Hyatt Corporation aggressively markets to the gay community, Jones says it simultaneously "exploits immigrant women, [and] has a very high rate of on-the-job injuries." Hyatt's hypocrisy was exposed when LGBT activists found out that the former owner of the Manchester Grand Hyatt in San Diego made a substantial contribution to the group that placed Proposition 8 on the ballot, at the same time Hyatt was trying to woo LGBT customers. Proposition 8 banned same-sex marriage in California.

Jones is currently a leader in the "Sleep With The Right People!" campaign, a collaboration between UNITE HERE and the LGBT community. Read more about Cleve Jones and Hyatt's role against equality and progress.

Please visit our website at HyattHurts.org and like us on Facebook to find out how you can make your voice heard and to learn more about the stories of Hyatt workers.

Panel Hears from Injured Workers, Advocates: San Diego Site

caaaAdmin — Fri, 04 May 2012 23:03:00 GMT

FOR IMMEDIATE RELEASE: Wednesday, April 25, 2012

Contact: Steve Hopcraft 916/457-5546, Steve@hopcraft.com Twitter: @shopcraft

LA MESA, CA - Injured workers and their advocates told the Department of Industrial Relations (DIR) Director Christine Baker and Division of Workers' Compensation (DWC) Administrative Director Rosa Moran today the horrors they have faced since the enactment of SB 899. The system they described is one that is plagued with delays and denials of medical treatment, and where disability compensation is grossly inadequate.

Past efforts to control costs by adopting "reforms" have instead created horrendous delays and cut already inadequate compensation, and as a result have actually increased costs.

"I was injured in August 2008 as I was leaving a classroom. My left ankle and tibia were severely injured," said Barbara Haider, injured worker from San Diego. "After I had surgery, all requests for treatment have been denied. Due to all the delays and denials, my leave time with work has now been exhausted. The school district I worked for 32 years called and informed me that I am off the payroll and have no health insurance."

Permanent Disability cuts of 50% and higher have been imposed on injured workers under SB 899, placing California near the bottom of US states in compensating permanent effects of work injuries.

"Under SB 899, injured workers have seen their disability compensation plummet to near the bottom of the 50 states. Medical care has been delayed and denied to the point that many physicians will no longer treat injured workers," said David Dugan, applicant attorney. "This is contrary to what was promised, and it is urgent the legislature and administration remedy this horrible situation for Californians who are injured while working."

Permanent disability compensation has been drastically cut

Multiple independent studies, including studies conducted by the California Commission on Health, Safety and Workers Compensation (CHSWC), and the Administration itself, have documented fifty to seventy percent cuts in compensation for permanent disabilities.

(end)

Very, Very Greedy Verizon - CEO Pay

caaaAdmin — Fri, 04 May 2012 18:39:00 GMT

AFL-CIO Communication:

Recently, we launched our CEO Pay and the 99% website¹to expose the outlandish practices of companies giving huge compensation to CEOs while cutting jobs and sitting on record amounts in cash holdings and short-term investments.

One of the most egregious examples of corporate excess and greed is Verizon. While Verizon tripled the salary of CEO Lowell McAdam to $23.1 million last year,2 it also was cutting U.S. jobs, gutting worker pensions and charging current and retired employees and their families thousands of dollars more for health benefits while reducing disability coverage.

This is unacceptable and we need to let Verizon know it.

Call 800-229-9460 now to record a message that will be delivered directly to Verizon executives.

Today, while Verizon holds its shareholders meeting in Huntsville, Ala., working families and Verizon customers in Huntsville and across the country will be calling on the company to end these "VeriGreedy" practices, respect its customers and the workers who keep the company running and save good, middle-class jobs.

Because of the hard work of tens of thousands of customer support representatives, technicians, electricians and other workers who provide the best quality service they can to customers, Verizon has enjoyed success. Verizon workers are part of the solution, not the problem. They should not be punished with job cuts and increased health care and benefit costs while Verizon executives get huge pay raises and the company sits on $14 billion in cash holdings and short-term investments.3

Call 800-229-9460 now and tell Verizon to treat workers and customers with respect-by negotiating a fair contract.

Corporate greed on this scale is bad enough, but when combined with neglecting workers, it's completely unacceptable. Together we can put an end to these terrible corporate practices-but only if you speak up and make your voice heard.

In Solidarity,

Andy Richards
New Media Strategist, AFL-CIO

May 2012 is Safe Jobs for Youth Month

caaaAdmin — Thu, 03 May 2012 23:50:00 GMT

Each year, California teens enter the workforce through summer jobs or part-time employment. However, many teens are unaware of their employment rights and the possible hazards that they can encounter in the workplace.

The California Department of Industrial Relations (DIR) and the California Commission on Health and Safety and Workers' Compensation (CHSWC) recognize these dangers and are dedicated to ensuring that ALL teens have a healthy and positive work experience. DIR and CHSWC are committed to providing necessary education and resources about health and safety requirements including employment rights so teens can be safe in the workplace. It is critical that new entrants into the labor force learn good and safe habits early on so that they can use safety practices throughout their career in order to minimize potential wage loss and lost work time, and avoid potential permanent physical impairment and the upset of altered career expectations.

Every May, an awareness campaign is conducted for Safe Jobs for Youth. Attached is an announcement for 2012.

More information is available at http://www.dir.ca.gov/youngworker/youngworkersmain.html and http://www.youngworkers.org/safe_month/index.html

Thank you.

DWC Listening Tour

caaaAdmin — Thu, 03 May 2012 22:59:00 GMT

This page lists all of the Press Releases and Articles related to the DWC Listening Tour beginning April 10th through April 30th.

President's statement regarding the DWC Listening Tour April 30th, 2012

Panel Hears from Injured Workers, Advocates: SB 899 "Appalling" Impact on Injured Worker Medical Care and Disability Compensation

West Sacramento Forums Tuesday April 10, 2012
Los Angeles Forums Monday April 16, 2012
Fresno Forum Wednesday April 18, 2012
San Bernardino Forum Tuesday, April 24, 2012
La Mesa Forum Wednesday, April 25, 2012
Oakland Forum Monday April 30, 2012

Delays, denials plague medical treatment for injured workers Capitol Weekly Article by Brad Chalk

President's Statement Regarding the Listening Tour

caaaAdmin — Wed, 02 May 2012 16:24:00 GMT

April 30, 2012

Dear Director Baker and Administrative Director Moran,

Over the past several weeks you conducted a series of public forums to gather input on current issues in California's workers' compensation system. In order to provide you a picture of the real-life experiences of employees in this system, members of the California Applicants' Attorneys Association (CAAA) asked some of their clients to participate in these forums. Although the details varied from case to case, each of these employees described a situation beset with repeated delays and plagued by inadequate benefits. The stories told by these individuals describe a system that has become unworkable for the very people it was designed to help - injured employees. Delay and denial have become standard operating procedure, leaving far too many employees without the medical treatment they need to recover and return to work and without adequate indemnity benefits they need to achieve at least a minimal financial security.

One of the purposes of these forums was to gather suggestions for improving the system. At a legislative hearing earlier this month, you told the committee that the Administration is seeking suggestions for reforms that will create savings to balance the cost of a much needed increase in benefit levels. As small businesspersons, CAAA members understand that controlling employers' workers' compensation costs is important. However, the focus of any changes should not be on simply cutting costs. Instead, the goal of any statutory or regulatory reforms must be on making the system work for injured employees. Adopting reforms that promote the prompt and efficient delivery of appropriate and necessary benefits, allowing cases to close and employees to return to work faster, is actually the most effective way to eliminate unnecessary expenses and generate needed savings.

The statutory changes adopted in 2003 - 2004 show how reforms that were designed solely to cut costs are more likely to have exactly the opposite effect. Consider, for example, the convoluted medical treatment authorization process created by overlapping "cost-cutting" reforms in SB 228 and SB 899. The employer selects the treating physician, treatment requests by this employer-selected physician are subject to statutory caps and mandatory treatment guidelines, those treatment requests are also subject to utilization review by a non-examining physician, and disputes go to a QME whose intended random selection turns out to be anything but random.

These overlapping provisions have created a quagmire that in far too many cases delays needed treatment for months or even years. Consider the case of Margaret Ramirez, a hospital technician who testified at the San Bernardino forum. Margaret has experienced month after month of delay. Treatment requests from her physician have been routinely ignored for months and then denied, Margaret told you. UR denials have spanned the range of requests and have included examinations, medication, surgery, even mileage.

Imelda de la Cruz, a testing technician who testified in Los Angeles, fell and tore her meniscus. Imelda told you how a recommended surgery was authorized only after multiple delays, and that her recovery took much longer than necessary because of repeated delays and denials of post-surgical treatment.

Any delay harms injured employees. For some, like Greg Candler, a driver who testified today in Oakland, a delay of more than four months in treating his rotator cuff tear could limit his ability to recover fully and may significantly increase his lifelong disability from this injury. For others, like Ralph Jones, a high school security employee who testified in West Sacramento, his surgery was delayed for more than two years, entirely using up his statutory 104 weeks of temporary disability benefits. Many others, like David Knapp, an airline employee who testified in West Sacramento, just want to get back to work. David injured his back, but despite objective medical evidence - two MRIs - his insurer took nine months to accept the claim and another seven months to authorize treatment. An AME projected a six month timeline to return to work, but his insurer simply ignored the recommendations of the AME and it was 23 months before David returned to work. Then following another injury David had back surgery but was denied therapy, again delaying his return to work.

As illustrated by these employees' stories, however, these delays don't just harm the employees, they also harm their employers by generating huge unnecessary costs. Attached to this letter is a copy of a report prepared by CAAA entitled "California Workers' Compensation 2012: The State of the System." That report highlights data from both the WCIRB and the CWCI showing that the fastest rising "medical" cost is actually the expense of medical cost containment - utilization review and bill review.

Rather than cutting costs, 2004 "reforms" like UR have now become the main cost drivers in the system. The convoluted process of providing medical treatment offers the opportunity to profit at each step of the way, with no disincentive to stop abuse and delay. Dan Maderios, a window installer who testified in West Sacramento, was billed by a clinic because the adjuster had denied payment for an evaluation, even though that evaluation had been ordered by the insurer. Dan had to get a judge to order payment by the insurer. Michael McClendon, who testified in Los Angeles, described to you how his medicines, therapy, and surgery are all denied despite his 100% disability rating. Mary DeSoto, who testified in Fresno, told you how one recommended surgery was delayed for over a year and was performed only after a judge ruled a UR report was defective, while a second surgery - denied by UR despite the fact that it was recommended by an AME - again was performed only after a judge's order. And Millie Mellum, a carpenter who testified here in Oakland, described how she was denied needed treatment despite an order by a workers' compensation judge.

As these cases illustrate, trying to get approval for most medical treatment has devolved into a morass of UR denials, QME/AME evaluations, physician depositions, and Board conferences and hearings. Each of these steps not only delays the provision of needed treatment, but exponentially increases both defense and adjuster costs. Delaying return to work also increases employers' expenses both by extending the period of temporary disability and by adding costs for hiring and training replacement employees.

In short, instead of providing the intended quick process for approving medical treatment requests, UR is far too often used simply to delay treatment, and has become a major cost driver in the system. The entire process needs to be re-examined to make certain that the provision of appropriate and necessary medical treatment is not delayed. Why, for example, should treatment requests from hand-picked physicians in a Medical Provider Network go through UR? Should there be rules regulating conflict of interest between UR entities and payers? Should there be some regulation of entities that conduct UR? Should UR entities be penalized or barred for a pattern of frivolous denials?

But UR is not the only stumbling block in this process. As illustrated by the unequal distribution of panel assignments documented by the CHSWC QME study of September, 2010, the current panel QME process creates perverse incentives for both the evaluators and the parties. Several employees told you how they waited for over a year to get an evaluation by a QME, and in many cases that delay is compounded by a further delay because one of the parties schedules a deposition. Then there are those cases in which the QME report is thrown out because it is untimely, or it doesn't constitute substantial medical evidence, and the lengthy process must start over, further delaying the provision of treatment.

As with the UR process, the entire panel QME process needs to be re-examined. Securing necessary evidence is a fundamental due process right of both parties, and procedures should be adopted that facilitate this process, rather than impede it. Steps can be taken to limit the ability of some QMEs to "game" the system, but ultimately the rights of the parties are best protected by creating a process that allows both parties to secure the necessary evidence as quickly and efficiently as possible.

The inefficient panel QME process is just one of the problems caused by the misguided incentives created by the 2004 "reforms." Major delays occur because there are no longer any effective deterrents in the system. The "reformed" §5814 penalties - even at the maximum 25% - are minuscule when applied to most medical treatment delays. It does not appear that audit penalties serve as an effective deterrent either. The entire penalty structure needs to be re-evaluated to provide an effective disincentive against unreasonable delay. An unjustified denial, or even a long delay, may cause the employee to give up, or it may use up enough of the employee's statutory 104 weeks of temporary disability so that a needed surgery becomes impracticable.

The growing problem of liens has been similarly affected by the misaligned incentives created by the 2004 "reforms." Because virtually all liens are settled without a finding by a trier of fact, there is actually an incentive to ignore the rules. Payers can delay paying legitimate bills for years without fear of penalty, and are then further rewarded because most settlements are for less than the billed amount. Similarly some providers bill inappropriately, knowing that eventually they will be able to settle for at least a percentage of that inappropriate bill. Here again the system needs to reorder the incentives and disincentives to assure that reasonable bills are promptly paid and unreasonable bills are properly penalized.

In closing, CAAA stands ready to work with you, along with all other parties in the workers' compensation system, to address the very real problems facing injured employees. As illustrated by the testimony of employees at every one of your recent forums, in far too many cases the current system simply does not provide the prompt medical treatment and adequate indemnity compensation that is mandated by our state Constitution. Fixing these problems and getting injured employees the medical and indemnity benefits they need and deserve must be goal of any future changes.

This is not to ignore the need to control employers' costs. However, the best way to eliminate the unnecessary expenses in the system that have become major cost drivers is to adopt changes that promote the prompt delivery of appropriate benefits. Where overlapping requirements exist - UR and MPNs, for example - changes should be adopted to eliminate the delay and costs generated by this overlap. Where incentives are misaligned - the panel QME process, for example - the process should be redesigned to facilitate a prompt and efficient process to obtain necessary medical evidence. Payers should have the proper incentive to pay legitimate bills promptly, and providers should have a disincentive against submitting inappropriate bills.

Please feel free to contact me directly as efforts are begun to improve the system for injured employees.

Sincerely,

S. Bradley Chalk, President
California Applicants' Attorneys Association

Panel Hears from Injured Workers, Advocates: Oakland Site

caaaAdmin — Wed, 02 May 2012 16:12:00 GMT

Panel Hears from Injured Workers, Advocates: SB 899’s “Appalling” Impact on Injured Worker Medical Care and Disability Compensation

FOR IMMEDIATE RELEASE: Monday, April 30, 2012

Contact: Steve Hopcraft 916/457-5546, Steve@hopcraft.com; Twitter: @shopcraft

OAKLAND, CA - Injured workers and their advocates told Department of Industrial Relations (DIR) Director Christine Baker and Division of Workers' Compensation (DWC) Administrative Director Rosa Moran today the horrors they have faced since the enactment of SB 899. The system they described is one that is plagued with delays and denials of medical treatment, and where disability compensation is grossly inadequate.

Past efforts to control costs by adopting "reforms" have instead created horrendous delays and cut already inadequate compensation, and as a result have actually increased costs.

"CAAA members asked their clients to testify at these forums because ultimately the only measure of the success or failure of the workers' compensation system is whether injured workers are receiving appropriate medical treatment and adequate disability compensation. As small businesspersons, CAAA members certainly understand the importance of controlling employers' costs," said Brad Chalk CAAA President. "But past efforts to control costs by adopting "reforms" have instead created horrendous delays and cut already inadequate compensation, and as a result have actually increased costs."

"Utilization Review (UR) is a prime example. One of the key goals of the system is to provide prompt and professional medical treatment so that injured workers can return to work as soon as reasonably and medically possible. With the advent of UR, this is just not happening. Although the original concept of UR was to authorize treatment quickly, UR has now become a cottage industry where the norm is not authorization, but rather delay and denial of treatment," said Chalk.

"The first delay with the insurer was with the so-called 'approved doctor' list that I was sent. It mostly contained names of doctors who do not take workers' comp patients, doctors who were deceased and retired doctors," said Sam Jackson, injured worker from Scotts Valley. "There were no doctors in Santa Cruz County, where I reside. My back injury caused urological problems and my surgeon referred me to a urologist, but the closest one who would me see was 3 hours away."

"The insurer has denied all tests. Physical therapy has been denied. My medication has been denied. It is a game the insurer plays with all requests," said Millicent Melum, an injured from Berkeley. "The denials just delay the proper treatment I need to heal and get back to work. I had to go to court to have the judge order the insurer to authorize my workers' compensation payments."

"Overlapping provisions have created a quagmire that in far too many cases delays needed treatment for months or even years. Consider the case of Margaret Ramirez, a hospital technician who testified at the San Bernardino forum. Margaret has experienced month after month of delay," said Chalk. "Treatment requests from her physician have been routinely ignored for months and then denied, Margaret told you. UR denials have spanned the range of requests and have included examinations, medication, surgery, even mileage."

"In short, instead of providing the intended quick process for approving medical treatment requests, UR is far too often used simply to delay treatment, and has become a major cost driver in the system. The entire process needs to be reexamined to make certain that the provision of appropriate and necessary medical treatment is not delayed," said Chalk.

(end)

Workers' Memorial Day, 2012 Proclamation

caaaAdmin — Mon, 30 Apr 2012 22:07:00 GMT

For centuries, American workers have called upon boundless drive and initiative to raise our cities, manufacture our goods, and build an economy that remains the engine and the envy of the world. Generations put their lives on the line to pursue prosperity, braving the hazards of the factory floor and the heat of the fields without protective equipment or the right to a safe workplace. Through the unbending conviction of workers, labor unions, and public health advocates, we secured that basic right over 40 years ago, helping protect Americans from death or injury. Yet, despite the progress we have made, it remains a deplorable fact that an average of 12 individuals die on the job every day. On Workers Memorial Day, we honor all who have perished, and we recommit to ensuring no worker ever has to choose between life and a paycheck.

Every year, more than 3 million Americans are injured on the job. Some will never fully recover; some will never come home at all. Tragically, many incidents occur due to preventable hazards that cast our Nation's most vulnerable workers into harm's way -- in the mine shaft, on the construction site, or at the factory. This is unacceptable, and as we reflect on the terrible burden these workers and their families have borne, we must do more to fulfill the promise of a safe workplace for all.

My Administration remains committed to realizing that vision. The Department of Labor and agencies across the Federal Government are striving to defend workers' rights, hold employers accountable, and empower Americans across our country with the tools they need to stay safe on the job. We are pursuing enhanced whistleblower protections that will reinforce every worker's right to raise their voice without fear of retaliation. Over 2 years after the explosion at Upper Big Branch Mine in West Virginia, we continue to advance and enforce new standards and programs that will help ensure that tragedy was the last of its kind. And, through a variety of public-private partnerships, we are collaborating with businesses, employees, trade associations, and labor organizations to eliminate workplace hazards and strengthen our competitiveness in the global economy.

When the Congress passed the Federal Coal Mine Health and Safety Act of 1969 and the Occupational Safety and Health Act of 1970, our Nation took great strides toward safe and healthful working conditions for all. Yet, when millions of Americans suffer workplace-related injury or illness every year, and thousands lose their lives, we know we cannot give up the fight.Today, we reflect on their sacrifice, and we rededicate ourselves to protecting the health, safety, and dignity of every worker.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 28, 2012, as Workers Memorial Day. I call upon all Americans to participate in ceremonies and activities in memory of those killed or injured due to unsafe working conditions.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of April, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-sixth.

BARACK OBAMA

May Day Protest to Support Trash and Recycling Workers, Tuesday, May 1, 2012

caaaAdmin — Fri, 27 Apr 2012 21:07:00 GMT

Stand with Victor and Karla, trash hauler and sorter, on May Day!

"We were made to take our breaks and eat our lunches on the ground amongst the trash, with rats and cockroaches all around. When we were hurt, cut by a sharp object we handled on the line or pricked by a dirty needle we didn't see, we weren't given proper first aid. Sometimes we bandaged wounds with pieces of paper or material from the trash, and we were told to get back on the line as we bled," said Karla Campos, a trash sorter at American Reclamation. "I have been hurt by this company. My family has been hurt, and my former coworkers are being hurt every day because this company is not accountable for how they do business. Please join us on May Day."

Download the flyer here.

WHEN: Tuesday, May 1, 2012 at 11:00AM
WHERE: American Reclamation, 4560 Doran Street, Los Angeles, 90039

Contact: Hector Saldivar at (213) 381-5611 ext. 136 or hsaldivar@launionaflcio.org.

Mourn the Dead, Fight for the Living - Saturday April 28 - AFL-CIO Events

caaaAdmin — Fri, 27 Apr 2012 20:42:00 GMT

The numbers are staggering. In 2010, an average of 150 workers died from job injuries and illnesses every day. And nearly 4 million workers were hurt or made ill.

America must do better. That's why working families in your area and across the country will come together to mourn the dead and injured and continue the struggle for good jobs that are safe and healthy for all workers.

Click here to find details about an event near you.

We still have much work to do to make sure workplaces are safe for all workers. In 2010, nearly 4,700 firefighters, construction workers, bus drivers and other workers lost their lives on the job-and more than 50,000 died from occupational diseases.

But we have made real progress over the last four decades. Without working people and their unions coming together to demand action from employers and the government to improve workplace safety and protect communities, we would not have the Occupational Safety and Health Act and mine safety laws that provide the right to a safe job. We would not have stronger standards to protect workers from asbestos, benzene and other dangers. And communities wouldn't have the right to know about toxic chemical hazards, or stronger laws and regulations to prevent chemical plants from exploding and endangering our communities.

The collective power of working people also can stop the erosion of workplace safety laws. Extreme politicians are pushing to erode workplace safety laws and to let some employers-like Massey Energy and BP-off the hook for cutting corners and violating the law to help their bottom line. But we won't let it happen. Not on our watch.

Please join us at an upcoming Workers Memorial Day event near you to stand with other working families in the struggle to make safe workplaces for all workers a reality.

On this Workers Memorial Day, let's not only remember those who lost their lives in the past year, but commit to come together to make jobs safer to save lives and protect communities.

Workers' Memorial Day, Saturday April 28 - Interfaith Worker Justice Events

caaaAdmin — Thu, 26 Apr 2012 23:15:00 GMT

"Pray for the Dead and Fight Like Hell for the Living"

Saturday, April 28, is International Workers Memorial Day-a time to remember those who have been injured or killed at work, and to recommit to supporting efforts to keep all workplaces safe for workers.

Check out actions and memorials IWJ affiliates and allies are organizing for workplace safety.

Visit IWJ's new resource center for a prayer litany to remember those injured and killed on the job.

L.A. Labor On the Move

caaaAdmin — Wed, 25 Apr 2012 23:39:00 GMT

This May Day, Fight
for Workers' Rights!

This year on May 1, May Day, immigrant workers in Los Angeles are doing more than marching for immigrants' rights, they are taking action at work. Hotel workers, janitors, LAX airport workers and sanitation workers will all hold May Day actions at their workplaces that will culminate with the annual march for immigrants' rights in downtown L.A. in the late afternoon.

On this May Day of Action, join sanitation and recyclying workers at American Reclamation (pictured above) who do the dirty work of sorting through commerical waste. They are treated worse than the garbage they sort. Poverty wages. Hazardous working conditions. No benefits. Firings.

These workers want a union. On May Day, we will rally with them at American Reclamation to support their fight for a union.

Download the flyer here.

WHEN: Tuesday, May 1, 2012 at 11:00AM
WHERE: American Reclamation located at 4560 Doran St., Los Angeles, CA 90039

Contact: Hector Saldivar at hsaldivar@launionaflcio.org or (213) 381-5611 x136.

For Cesar Chavez Day
Hundreds March On
Pomona College

On Cesar Chavez Day, more than 500 L.A. union members, students, professors and community activists marched through Pomona College in solidarity with 16 immigrant dining hall workers who were fired while organizing with UNITE HERE Local 11 last December.

Following the march, fired dining hall workers and supporters held a 'Banquet in the Streets' in the middle of campus. Electricians of the International Brotherhood of Electrical Workers Local 11 cooked carne asada. Grocery workers of the United Food and Commericial Workers Local 1428 served the food. Music was provided by Quetzal and mariachis.

One of the fired dining hall workers, Juan Gonzalez said, "The students and workers came together to make conditions better in the dining hall and to form a union. Workers at Pomona College deserve better. It's time for peace from the Administration and to let the workers have a union election."

Read the Los Angeles Times story.

Check out photos of the Banquet in the Streets!

From L.A. to Quebec:
Solidarity with
Locked-Out Workers

On March 31, several L.A. union members of USW Local 675 and ILWU Local 13 joined 8,000 marchers in Alma, Quebec to demand Rio Tinto end the lock-out of the steelworkers at the Rio Tinto Alcan smelter. Much like in Boron, California, Rio Tinto has waged an all out war on its Alma, Quebec workers demanding massive cuts and insisting that from now on jobs will be contract, low-wage work.

In 2010, Rio Tinto locked-out almost 600 ILWU miners in Boron, CA. After a major labor battle, the miners won.

Check out the Justice for Rio Tinto Workers website.

See more photos of the march in Alma, Quebec.

'Prosper LA' Takes Over
Rotunda of L.A. City Hall

On April 3, hundreds of labor, faith, community and elected officials filled the rotunda of L.A. City Hall to support the unveiling of 'Prosper LA,' a newly formed coalition and economic recovery plan for Los Angeles. Eight campaigns have come together to form one coalition and one program for shared prosperity--Prosper LA.

During the event, banners were dropped from the rafters for the Don't Waste LA, Construction Careers, Destination LA, Good Grocery Stores, Clean and Safe Ports, Repower LA, Good Jobs LAX and Get Healthy at Home campaigns while workers, environmentalists and community groups cheered.

If the L.A. City Council adopts the Prosper LA plan, we will create 48,900 new good jobs and improve 163,500 more jobs in LA.

Check out the Prosper LA website.

See photos of the Prosper LA event here.

Janitors Take to the Streets
to Vote for a Strike

On April 5, over 1000 janitors of SEIU-United Service Workers West took to the streets of Century City to vote for a strike against the 1%. Tom Walsh, President of UNITE HERE Local 11, Mike Miller, Vice-President of I.A.T.S.E., Ron Herrera, Executive Secretary of Teamsters Local 396 and Maria Elena Durazo of the LA County Federation of Labor pledged labor's full support if janitors strike.

Following the strike vote, janitors led a march with their families and supporters through the streets of Century City.

Check out photos of janitors in the streets!

Follow @LALabor on Twitter!

Keep up with the L.A. County Fed on Facebook!

Keep up with Maria Elena Durazo on Facebook!