June 27, 2014 LETTER TO State of California Department of Industrial Relations Division of Workers’

Page 1

info@iwnn.org INJURED WORKERS NATIONAL NETWORK - IWNN Supporting: √ Mandated Occupational Safety & Health √ 100% Medical Care √ Legal & Judicial Justice √ Right to Return To Work √ Complete Compensation √ Freedom of Speech √ Vocational

Rehabilitation

Opposing: Advocates for Injured/Ill Workers & Families Human, Social & Economic Rights

!

!

!

√ Retaliation Against Injured/Ill Workers & Their Families Cost Shifting of Liability by Workers Compensation Insurance Companies to Federal/State Programs -- Social Security/Medicare/Medicaid -- without investigations/Prosecution

!

!

!

!

June 27, 2014

COPY

State of California Department of Industrial Relations Division of Workers’ Compensation Headquarters 1515 Clay Street 17th floor Oakland, CA 94612-1402 Subject / Position on Issues & Resolutions: • Defend Injured / Ill California Workers • Stop Outsourcing • Stop The Insurance Industry's Attack On Injured / Ill Workers ATTN: Gene Lam, Presiding Judge Dear Honorable Judge Gene Lam, The "reforms" of the California Workers Compensation system have led to increased difficulties for the injured / ill workers, denying them from getting quick healthcare, treatment!and compensation.. In SB 863, workers who have had psychological injuries; causing depression and other illnesses, have faced curtailed coverage. Under this new legislation, language interpreters have been prevented by the insurance companies from providing proper interpretation services for immigrant and other non-English workers. There has been an epidemic of workplace bullying, leading to growing disability and health problems of the injured / ill workers. California, with the pressure of employers and the insurance industry, has severely limited vocational rehabilitation, forcing seriously injured / ill!workers to become permanently disabled. The state of California has outsourced a $40 million ($40,000,000) non-bid ! contract to the Maximus corporation to screen injured / ill workers, with anonymous doctors!who are not licensed to practice medicine in the state of California. The Independent Medical Review process in the California Workers Compensation law has allowed the altering of medical diagnoses to limit the!liability of insurance companies and self insured employers. Over $18 billion ($18,000,000,000) is collected through the workers compensation system and the majority of this money goes to the insurance industry and the!bureaucracy rather than injured / ill workers. As a result of the attacks on seriously !injured / ill workers within the worker compensation system, injured / ill workers have in the past been denied acupuncture and have long waiting periods for approval of medical

Injured Workers National Network ~ PO Box 720027 - San Francisco, CA 94172 ~ (415) 282-1908 IWNN does not provide legal services, legal advice or medical assistance http://www.iwnn.org/


Subject / Position on Issues & Resolutions, continued: • Defend Injured / Ill California Workers • Stop Outsourcing • Stop The Insurance Industry's Attack On Injured / Ill Workers

treatment. This has led to an increasing use of opiates and resulting addiction for the injured / ill workers, who are forced to wait longer and longer for medical!treatment, to deal with pain. Injured / ill workers have been forced into company controlled healthcare mills, without being able to go to their own doctor. While the Fraud Assessment Commission (FAC), which spends over $30 million ($30,000,000) a year for workers compensation fraud, only goes after fraud committed by workers and!small employers, while refusing to investigate and prosecute corporations, the insurance companies and self-insured employers for fraud. Seriously injured / ill workers in the state of California, because of the bureaucratic obstacles in getting healthcare treatment, are being forced to go on state!disability and social security disability, thereby cost shifting the cost of medical care to the public and tax payers. This cost shifting has led to a spike in social security disability and other government costs. Many injured / ill workers, as a result of obstacles in getting healthcare, have become permanently disabled, become homeless and an alarming number have!committed suicide. The injured / ill l workers have a right to prompt healthcare and treatment, and compensation for themselves and their families, Therefore, this body calls for: 1. The right of all injured / ill workers to see their own personal doctors, 2. The elimination of the Independent Medical Review process, 3. The!elimination of privacy settlements of workers compensation settlements, 4. A California and national investigation of cost shifting in the workers compensation!system, the repeal of restrictions compensation of mental health problems, 5. The elimination of company medical mills, 6. The right to full professional interpretation!services not controlled by the insurance companies, ! 7. The cancellation of outsourced contracts to Maximus and other private contractors for oversight of the!workers compensation system, 8. The prosecution of insurance companies and self insured employers for worker compensation fraud and cost shifting their costs to the public! 9. Support for a statewide conference of injured / ill workers and medical professionals and interpreters to discuss and organize a political!education campaign to defend injured / ill workers in California with a single payer system that will cover all working people. This resolution will be sent to all affiliate bodies including the California Federation of Labor for their 2014 convention and to all our government!representatives for legislative action. Signed this 27th day of June, 2014 Injured Workers National Network - IWNN

cc: ATTN ATTN: ATTN: ATTN: ATTN:

Christine Baker, Director Doug Bloch, Political Director Christine Bouma, President Shelley Kessler, Executive Secretary Treasurer Angie Wei, Chair / Legislative Director

State of CaliforniaDepartment of Industrial Relations Commission on Health and Safety and Workers' Compensation 1515 Clay St., 17th Floor Oakland CA 94612

ATTN: Barbara D. Bovbjerg, Managing Director National Labor Relations Board United States Government Accountability Office 441 G St., NW Washington, DC 20548

ATTN Thomas E. Perez, Secretary of Labor United States Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue, NW Washington, DC 20201

Injured Workers National Network ~ PO Box 720027 - San Francisco, CA 94172 ~ (415) 282-1908 IWNN does not provide legal services, legal advice or medical assistance http://www.iwnn.org/ 2


Subject / Position on Issues & Resolutions, continued: • Defend Injured / Ill California Workers • Stop Outsourcing • Stop The Insurance Industry's Attack On Injured / Ill Workers cc, continued

ATTN: United States President, Barack Obama The White House 1600 Pennsylvania Avenue, NW Washington, DC 20500

ATTN: Honorable Presiding Judge Jamie Spitzer State of California Department of Industrial Relations Division of Workers’ Compensation 1065 N. PacifiCenter Dr., Suite 170 Anaheim, CA 92806-2141

ATTN: Honorable Presiding Judge Joel Harter State of California Department of Industrial Relations Division of Workers’ Compensation 160 Promenade Circle, Suite 300 Sacramento, CA 95834-2962

ATTN: Honorable Presiding Judge Robert Norton State of California Department of Industrial Relations Division of Workers’ Compensation 1800 30th Street, Suite 100 Bakersfield, CA 93301-1929

ATTN: Honorable Presiding Judge Stuart Crymes State of California Department of Industrial Relations Division of Workers’ Compensation 1880 North Main Street, Suites 100 & 200 Salinas, CA 93906-2037

ATTN: Honorable Acting Presiding Judge Jane Madsen State of California Department of Industrial Relations Division of Workers’ Compensation 100 "H" Street, Suite 202 Eureka, CA 95501-0481

ATTN: Honorable Presiding Judge Dave Bjelland State of California Department of Industrial Division of Workers’ Compensation 464 W. Fourth Street, Suite 239 San Bernardino, CA 92401-1411

Relations

ATTN: Honorable Presiding Judge Terry Menefee State of California Department of Industrial Relations Division of Workers’ Compensation 2550 Mariposa Mall, Suite 4078 Fresno, CA 93721-2219

ATTN: Honorable Presiding Judge Cliff Levy State of California Department of Industrial Relations Division of Workers’ Compensation 7575 Metropolitan Drive, Suite 202 San Diego, CA 92108-4424

ATTN: Honorable Presiding Judge Robert Hjelle

ATTN: Honorable Presiding Judge Cynthia Quiel State of California Department of Industrial Relations Division of Workers’ Compensation 300 Oceangate Street, Suite 200 Long Beach, CA 90802-4304

ATTN: Honorable Presiding Judge Jacqueline Duncan State of California Department of Industrial Relations Division of Workers’ Compensation P.O. Box 429003, San Francisco, CA 94142-9003 San Francisco, CA 94102-7014

ATTN: Honorable Presiding Judge Eileen O’Kane State of California Department of Industrial Relations Division of Workers’ Compensation 320 W. 4th Street, 9th Floor Los Angeles, CA 90013-2329

ATTN: Honorable Presiding Judge Oliver Boyer State of California Department of Industrial Relations Division of Workers’ Compensation 100 Paseo de San Antonio, Room 241 San Jose, CA 95113-1402

ATTN: Honorable Presiding Judge Paige Levy State of California Department of Industrial Relations Division of Workers’ Compensation 4720 Lincoln Blvd. 2nd and 3rd Floors Marina del Rey, CA 90292-6902

ATTN: Honorable Presiding Judge Michael LeCover State of California Department of Industrial Relations Division of Workers’ Compensation 4740 Allene Way, Suite 100 San Luis Obispo, CA 93401-8736

ATTN: Honorable Presiding Judge Norman Delaterre State of California Department of Industrial Relations Division of Workers’ Compensation 605 W Santa Ana Blvd, Bldg. 28, Suite 451 Santa Ana, CA 92701-4070

ATTN: Honorable Presiding Judge Robert Hjelle State of California Department of Industrial Relations Division of Workers’ Compensation 1901 N. Rice Ave., Suite. 200 Oxnard, CA 93036-8293

ATTN: Honorable Presiding Judge J. Michael Morgan State of California Department of Industrial Relations Division of Workers’ Compensation 732 Corporate Center Drive Pomona, CA 91766-2653

State of California Department of Industrial Relations Division of Workers’ Compensation 411 E Canon Perdido Street, Suite 2 Santa Barbara, CA 93101

Injured Workers National Network ~ PO Box 720027 - San Francisco, CA 94172 ~ (415) 282-1908 IWNN does not provide legal services, legal advice or medical assistance http://www.iwnn.org/ 3


Subject / Position on Issues & Resolutions, continued: • Defend Injured / Ill California Workers • Stop Outsourcing • Stop The Insurance Industry's Attack On Injured / Ill Workers cc, continued

ATTN: Honorable Presiding Judge James Johnson

ATTN: Honorable Acting Presiding Judge Timothy Sanford-Wachtel

State of California Department of Industrial Relations Division of Workers’ Compensation 50 "D" Street, Suite 420 Santa Rosa, CA 95404-4771

State of California Department of Industrial Relations Division of Workers’ Compensation 3737 Main Street, Suite 300 Riverside, CA 92501-3337

ATTN: Honorable Presiding Judge Kathleen Ortega State of California Department of Industrial Relations Division of Workers’ Compensation 2115 Civic Center Drive, Suite 15 Redding, CA 96001-2796

ATTN: Honorable Presiding Judge Linda Morgan State of California Department of Industrial Relations Division of Workers’ Compensation 6150 Van Nuys Blvd., Suite 105 Van Nuys, CA 91401-3370

ATTN: Honorable Presiding Judge Kearse McGill State of California Department of Industrial Relations Division of Workers’ Compensation 31 East Channel Street, Room 344 Stockton, CA 95202-2314

Injured Workers National Network ~ PO Box 720027 - San Francisco, CA 94172 ~ (415) 282-1908 IWNN does not provide legal services, legal advice or medical assistance http://www.iwnn.org/ 4


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.