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

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June 27, 2014 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 - IWNN Legal & Judicial Justice Freedom of Speech 100% Medical Care Complete Compensation [email protected] Supporting: Opposing: 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 Vocational Rehabilitation Mandated Occupational Safety & Health Right to Return To Work Retaliation Against InjuredIll Workers & Their Families Advocates for InjuredIll Workers & Families Human, Social & Economic Rights Cost Shifting of Liability by Workers Compensation Insurance Companies to FederalState Programs -- Social SecurityMedicareMedicaid -- without investigationsProsecution http://www.iwnn.org / COPY

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June 27, 2014 LETTER TO State of California Department of Industrial Relations Division of Workers’ Compensation Headquarters Position on Issues & Resolutions: * Defend Injured / Ill California Workers *Stop Outsourcing *Stop The Insurance Industry's Attack On Injured / Ill Workers

Transcript of June 27, 2014 LETTER TO State of California Department of Industrial Relations Division of...

Page 1: June 27, 2014 LETTER TO State of California Department of Industrial Relations Division of Workers’

! ! ! ! ! ! ! June 27, 2014

State of California Department of Industrial RelationsDivision of Workers’ Compensation Headquarters1515 Clay Street17th floorOakland, 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 - IWNN

√ Legal & Judicial Justice√ Freedom of Speech

√ 100% Medical Care√ Complete Compensation

[email protected]:

Opposing:

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

√ Vocational Rehabilitation

√ Mandated Occupational Safety & Health√ Right to Return To Work

√ Retaliation Against Injured/Ill Workers & Their FamiliesAdvocates forInjured/Ill Workers & Families

Human, Social & Economic Rights√ Cost Shifting of Liability by Workers Compensation Insurance Companies to Federal/State

Programs -- Social Security/Medicare/Medicaid -- without investigations/Prosecution

http://www.iwnn.org/

COPY

Page 2: June 27, 2014 LETTER TO State of California Department of Industrial Relations Division of Workers’

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, 2014Injured Workers National Network - IWNN

cc:ATTN Christine Baker, DirectorATTN: Doug Bloch, Political DirectorATTN: Christine Bouma, PresidentATTN: Shelley Kessler, Executive Secretary TreasurerATTN: Angie Wei, Chair / Legislative Director

State of CaliforniaDepartment of Industrial Relations Commission on Health and Safety and Workers' Compensation1515 Clay St., 17th FloorOakland CA 94612

ATTN: Barbara D. Bovbjerg, Managing Director National Labor Relations Board

United States Government Accountability Office441 G St., NWWashington, DC 20548

ATTN Thomas E. Perez, Secretary of LaborUnited States Department of LaborOccupational Safety and Health Administration200 Constitution Avenue, NWWashington, DC 20201

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

Page 3: June 27, 2014 LETTER TO State of California Department of Industrial Relations Division of Workers’

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 ObamaThe White House1600 Pennsylvania Avenue, NWWashington, DC 20500

ATTN: Honorable Presiding Judge Jamie Spitzer State of California Department of Industrial RelationsDivision of Workers’ Compensation1065 N. PacifiCenter Dr., Suite 170Anaheim, CA 92806-2141

ATTN: Honorable Presiding Judge Joel HarterState of California Department of Industrial RelationsDivision of Workers’ Compensation160 Promenade Circle, Suite 300Sacramento, CA 95834-2962

ATTN: Honorable Presiding Judge Robert NortonState of California Department of Industrial RelationsDivision of Workers’ Compensation1800 30th Street, Suite 100Bakersfield, CA 93301-1929

ATTN: Honorable Presiding Judge Stuart CrymesState of California Department of Industrial RelationsDivision of Workers’ Compensation1880 North Main Street, Suites 100 & 200Salinas, CA 93906-2037

ATTN: Honorable Acting Presiding Judge Jane MadsenState of California Department of Industrial RelationsDivision of Workers’ Compensation100 "H" Street, Suite 202Eureka, CA 95501-0481

ATTN: Honorable Presiding Judge Dave BjellandState of California Department of Industrial RelationsDivision of Workers’ Compensation464 W. Fourth Street, Suite 239San Bernardino, CA 92401-1411

ATTN: Honorable Presiding Judge Terry MenefeeState of California Department of Industrial RelationsDivision of Workers’ Compensation2550 Mariposa Mall, Suite 4078Fresno, CA 93721-2219

ATTN: Honorable Presiding Judge Cliff LevyState of California Department of Industrial RelationsDivision of Workers’ Compensation7575 Metropolitan Drive, Suite 202San Diego, CA 92108-4424

ATTN: Honorable Presiding Judge Robert HjelleState of California Department of Industrial RelationsDivision of Workers’ Compensation411 E Canon Perdido Street, Suite 2Santa Barbara, CA 93101

ATTN: Honorable Presiding Judge Cynthia QuielState of California Department of Industrial RelationsDivision of Workers’ Compensation300 Oceangate Street, Suite 200Long Beach, CA 90802-4304

ATTN: Honorable Presiding Judge Jacqueline DuncanState of California Department of Industrial RelationsDivision of Workers’ CompensationP.O. Box 429003, San Francisco, CA 94142-9003San Francisco, CA 94102-7014

ATTN: Honorable Presiding Judge Eileen O’KaneState of California Department of Industrial RelationsDivision of Workers’ Compensation320 W. 4th Street, 9th FloorLos Angeles, CA 90013-2329

ATTN: Honorable Presiding Judge Oliver BoyerState of California Department of Industrial RelationsDivision of Workers’ Compensation100 Paseo de San Antonio, Room 241San Jose, CA 95113-1402

ATTN: Honorable Presiding Judge Paige LevyState of California Department of Industrial RelationsDivision of Workers’ Compensation4720 Lincoln Blvd. 2nd and 3rd FloorsMarina del Rey, CA 90292-6902

ATTN: Honorable Presiding Judge Michael LeCoverState of California Department of Industrial RelationsDivision of Workers’ Compensation4740 Allene Way, Suite 100San Luis Obispo, CA 93401-8736

ATTN: Honorable Presiding Judge Norman DelaterreState of California Department of Industrial RelationsDivision of Workers’ Compensation605 W Santa Ana Blvd, Bldg. 28, Suite 451Santa Ana, CA 92701-4070

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

ATTN: Honorable Presiding Judge J. Michael MorganState of California Department of Industrial RelationsDivision of Workers’ Compensation732 Corporate Center DrivePomona, CA 91766-2653

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

Page 4: June 27, 2014 LETTER TO State of California Department of Industrial Relations Division of Workers’

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

State of California Department of Industrial RelationsDivision of Workers’ Compensation50 "D" Street, Suite 420Santa Rosa, CA 95404-4771

ATTN: Honorable Presiding Judge Kathleen OrtegaState of California Department of Industrial RelationsDivision of Workers’ Compensation2115 Civic Center Drive, Suite 15 Redding, CA 96001-2796

ATTN: Honorable Presiding Judge Kearse McGillState of California Department of Industrial RelationsDivision of Workers’ Compensation31 East Channel Street, Room 344Stockton, CA 95202-2314

ATTN: Honorable Acting Presiding Judge Timothy Sanford-Wachtel

State of California Department of Industrial RelationsDivision of Workers’ Compensation3737 Main Street, Suite 300Riverside, CA 92501-3337

ATTN: Honorable Presiding Judge Linda MorganState of California Department of Industrial RelationsDivision of Workers’ Compensation6150 Van Nuys Blvd., Suite 105Van Nuys, CA 91401-3370

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