Calif. Gov. Schwarzenegger Vetoes Pair of Comp Bills

California Gov. Arnold Schwarzenegger on Thursday vetoed a pair of workers’ compensation bills. The Governor offered the following comments to Members of the California State Assembly on the bills:

“I am returning Assembly Bill 1324 without my signature.

“This bill seeks to address the tragic circumstances of one state employee by amending the entire workers’ compensation system in an unprecedented manner.

“This bill would extend workers’ compensation benefits to the dependents of specified public safety employees if the dependent suffered health problems as a direct result of their parent or
spouse’s workers’ compensation injury. The workers’ compensation system is intended to compensate employees for injuries arising out of and occurring in the course of employment. Extending those benefits to dependents of employees, even in the narrow manner proposed in this bill, is beyond the constitutional requirement of the workers’ compensation system.

Earlier this year, I signed Senate Bill 899, a major overhaul of the workers’ compensation system. My Administration is in the process of implementing the necessary regulations to improve the system. The reforms were negotiated in a bi-partisan fashion and are intended to return fundamental fairness to a system that was spiraling out of control. The reforms are intended to refocus the workers’ compensation system on medical outcomes rather than litigation.
This measure expands the scope and intent of the workers’
compensation system disturbing the delicate balance sought by this year’s reform efforts.

“I am mindful that the daughter of one of our public servants contracted an illness simply because her mother faced an occupational hazard. However, this bill establishes a dangerous precedent by expanding workers’ compensation benefits to non-employees as an alternative for health care coverage.

“For these reasons I am unable to support this measure.”

To the Members of the California State Assembly:

“I am returning Assembly Bill 3051 without my signature.

“I support California’s firefighters and other public safety employees. California’s workers’ compensation system already recognizes the inherent danger in these professions by providing a number of statutory presumptions in favor of the injured public safety employees.

“Nothing in current law precludes a person who deserves compensation within the system from being fairly compensated. This bill extends the statute of limitations for the collection of death benefits that are presumptively concluded to be service related.

“Because current law presumes certain firefighter injuries to be work-related, this bill will also increase the potential for the surviving heirs of firefighters who die from non-work related illnesses to receive workers’ compensation death benefits.

“Earlier this year, I signed Senate Bill 899, a major overhaul of the workers’ compensation system. My Administration is in the process of implementing the necessary regulations to improve the system. The reforms were negotiated in a bi-partisan fashion and are intended to return fundamental fairness to a system that was spiraling out of control. The reforms are intended to refocus the workers’ compensation system on medical outcomes rather than litigation.

“This measure expands the scope of the workers’ compensation
system disturbing the delicate balance sought by this year’s reform efforts.

“For these reasons, I am unable to support this measure.”