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After months of political wrangling and last-minute hitches,
legislative leaders and Gov. Arnold Schwarzenegger agreed Wednesday on
a sweeping plan to overhaul California's beleaguered workers' compensation
system.
The plan was quickly criticized by rank-and-file lawmakers, however, forcing
leaders and members into a series of closed-door meetings that continued
late into the night.
The landmark agreement was supposed to be considered by a special conference
committee Wednesday morning and approved by the end of the day in order
to assure floor votes in the Senate and Assembly by the governor's Friday
deadline.
[Associated Press update: The conference committee passed the bill at
3:30 a.m. Thursday.]
Asked Wednesday evening whether he could get most Democrats to go along
with the deal by Friday, Senate President Pro Tem John Burton, D-San Francisco,
said, "We'll see." He added, "I don't like answering questions
I don't have the answer to."
The legislation could be passed with a simple majority vote on the floor,
which would normally be expected for a bill that has been endorsed by
the governor and all four legislative leaders representing both chambers
and both parties. A delay by the conference committee could require special
procedures to expedite the bill, meaning a higher vote threshold for passage.
Democrats in particular were unhappy that their leaders had withdrawn
an earlier demand that the bill regulate insurance rates for workers'
compensation. Others complained about the way doctors would be selected
to treat injured workers and the process for determining cash benefits
for various injuries.
"There is quite a bit of consternation within the Democratic caucus,"
said Sen. Richard Alarcón, D-Sun Valley, chairman of the conference
committee. "There isn't a 100 percent deal."
Both Democrats and Republicans complained that the highly technical and
far-reaching legislation - contained in hundreds of pages of text - was
being rushed through the Legislature.
"This is a momentous crisis involving a matter of complex legislation,"
said state Sen. Tom McClintock, R-Simi Valley, "and that requires
sufficient time to study and analyze."
The Friday deadline for a floor vote is intended to head off an initiative
that Schwarzenegger has threatened to place on the November ballot if
a legislative remedy is not reached this week.
Since January, sponsors of the initiative have said they would submit
signatures by this Friday to qualify the measure for the ballot. They
said Wednesday that they plan to examine the agreement to see whether
it is an adequate substitute for the Schwarzenegger proposal that is contained
in the initiative.
"The clock is absolutely ticking," said Rob Stutzman, spokesman
for Schwarzenegger. "Whether they will submit all the signatures
(Friday) is something we're talking to them about in order to buy some
more time."
Joel Fox, the initiative leader, also said a decision about the signatures
is still pending.
Even if the agreement is passed to the floor, some lawmakers suggested
there could be several attempts to amend the bill.
In particular, Democratic lawmakers said they will continue to pursue
legislation that would regulate insurance premiums for workers' compensation.
Without regulation, they said insurance companies might not lower premiums
for employers even if they realize a savings from the overhaul legislation.
California insurance rates have skyrocketed in recent months, and now
the state's employers pay the highest premiums in the nation. Some companies
have blamed those costs for driving them out of business or forcing them
to move out of state.
"Workers' comp reform without rate relief does not accomplish for
the businesses and the nonprofits what is absolutely essential. We are
committed to send a bill to the governor which contains actual rate relief,"
said Assemblyman Darrell Steinberg, D-Sacramento.
Stutzman declined to say whether Schwarzenegger would support separate
Democratic legislation to regulate insurance rates.
The deal would take effect within 90 days of the governor's signature
after passage, or possibly sooner. No firm estimate of the expected savings
was immediately available.
Reforming the $17.9 billion workers' compensation system was one of Schwarzenegger's
major campaign issues during the recall election last fall.
In addition to the cost for employers, labor groups say the state program
pays some of the nation's lowest benefits and is fraught with delays.
Some elements of the proposed workers' compensation deal:
* A key part of the legislation seeks greater standardization of benefits
for each category of injuries. The standards would be determined using
American Medical Association guidelines. Experts say California's system
is too litigious, partly because of the discretion involved in determining
benefits paid for injuries.
* One piece of the proposed legislation would eliminate disability benefits
for an employee who refuses a new job offered by his or her employer.
Employers would have to pay higher benefits if they don't offer a job
after an employee is ready to return to work.
* One of the most controversial issues in workers' comp is whether employers
or workers choose the doctor to treat job-related injuries. Under the
plan, injured workers would pick a treating physician from a pool of doctors
approved by employers. Lawmakers were also debating how to provide workers
with an independent medical review.
* For injuries that are hard to diagnose, such as back pain, the legislation
would require employers to treat the injury immediately and determine
later whether it is job-related. In some cases today, disputes and litigation
about whether "soft tissue" injuries are job-related can delay
medical treatment.
* Penalties for companies that miss medical and disability payments to
injured workers would be based on only the amount of the late payment
instead of the whole award.
* The legislation would create a pilot program for union-represented companies
to purchase workers' compensation and health insurance from one carrier.
Described as single-payer or 24-hour care, the experiment would apply
to the existing "carve-out" programs in which unions and building
trades employers negotiate their own workers' compensation-like system.
Normally, participants agree on a list of treating physicians and hire
an ombudsman to resolve disputes.
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