CWCI Details Calif. Workers’ Comp Reform Overhaul

April 20, 2004

  • April 21, 2004 at 1:35 am
    Penny says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    None of the articles mention if/how current open workers’ compensation claims will be affected by this new legislation. Do you know?

  • April 21, 2004 at 3:02 am
    Estelle says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    TD cut off, will only affect claims with dates of injury 4/19/04 and later. Same with delayed claims and the provision of medical treatment up to $10,000. Apportionment is effective for all injuries, now, regardless of date of injury as long as the claim is not resolved.
    PD issues, go into effect 1/1/05.
    Penalty changes, go into affect 6/1/04.

  • April 21, 2004 at 4:42 am
    Rosa says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    SB 899 changes the language of section 3205.5 in the labor code to read “All parties and lien claimants shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence…”

    I don’t see that this changes the meaning from the previous text. Will this make any difference in the way an employee’s claim is disputed?

  • April 21, 2004 at 5:08 am
    MARSHA says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    How is this going to affect policy premiums?

  • April 22, 2004 at 10:27 am
    James J Moore says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    In a perfect world, one third of the policy premiums will be affected each year. However, there are many more things that drive WC premiums than a change in the claims law. Until the big carriers see CA as a competitive state to write in, premiums are still going to be very high.

  • April 22, 2004 at 10:30 am
    James J Moore says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    I think a few major court cases will need to be ran through the system to see the final impact of this new law. I agree with you that there is no change from before on the burden of proof.

  • April 25, 2004 at 4:03 am
    Gerald Kosch says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    It would seem that on January 1/05 there will be new standards for determing PD. The question still remains, does this affect date of injuries prior to 1/01/05, 1/01/04 or even earlier than 1/01/03?

  • April 26, 2004 at 5:37 am
    Donald Kottler says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Where on the internet can I download the complete version of the new Ca. work comp bill 899?

  • April 27, 2004 at 6:16 am
    Jeanette Rebello says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    go to this web site – http://www.leginfo.ca.gov/bilinfo.html

    Put in the name of the bill SB899 and it will pull up the full text for you.

  • May 13, 2004 at 5:39 am
    Nicholas Disabatino says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Does anyone know how these doctor pools will be set-up and whether they will be large and open, or very small?



Add a Comment

Your email address will not be published. Required fields are marked *

*