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.
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?
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.
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.
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?
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None of the articles mention if/how current open workers’ compensation claims will be affected by this new legislation. Do you know?
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.
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?
How is this going to affect policy premiums?
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.
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.
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?
Where on the internet can I download the complete version of the new Ca. work comp bill 899?
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.
Does anyone know how these doctor pools will be set-up and whether they will be large and open, or very small?