Your Work Comp Briefing

ABOVE: Newly elected Assemblywoman Eloise Reyes (D-San Bernardino) at her press conference announcing legislation to help victims of the 2015 San Bernardino terrorist attack.

Your Work Comp Briefing

Monday, December 12, 2016

Good morning. Here's some promising news:

On the first day of the 2017-18 Legislative Session in Sacramento , freshman Assemblywoman Eloise Reyes (D-San Bernardino) wasted no time getting to work.

"Survivors of the San Bernardino attacks deserve better than being caught in the web of workers' comp bureaucracy," said Assemblywoman Reyes in a statement. " Medical care should first and foremost be about meeting a patient's needs ."

Before she was even officially sworn-in, Reyes held a press conference announcing her intent to help victims of the December 2, 2015 terrorist attack in her district, San Bernardino. As soon as she was sworn-in, she filed Assembly Bill 44 , which exempts medical treatment for survivors of acts of terror or violence in the workplace from Utilization Review and Independent Medical Review .

"What occurred is unspeakable and un-human. It was a horrible and traumatic day," said Ray Britain, survivor of the December 2nd attack. "This proposed bill would allow my staff and myself to be treated by our Workers' Compensation doctor without delays and denials in recommended treatment. This helps us (victims) focus on healing, rather than fighting for care ."

ABOVE: Video clip of Assemblywoman Eloise Reyes (D-San Bernardino) commenting on Utilization Review. Click to play.

"Sadly, state law allows San Bernardino County to unreasonably deny necessary medical treatment for employee victims of the December 2nd attack," says Christel Schoenfelder , President of our Association and attorney for one of the victims. "As a San Bernardino County taxpayer, I'm embarrassed that my money is being used to pay for these denials of treatment. The County has failed to accept responsibility for treatment denials and it's shameful. We commend Assemblywoman Reyes for taking the legislative lead on this issue."

The California Applicants' Attorneys Association will be supporting Assemblywoman Reyes in her efforts to help victims of the attack. Assembly Bill 44 is currently awaiting referral to be heard before a policy committee.

Stay tuned to see what's up.

NELP Needs Your Help

When it comes to gig economy companies like Uber , we know what's at stake when workers are misclassified as independent contractors--and so do our friends at the National Employment Law Project (NELP).

In fact, NELP's Deborah Berkowitz has been writing about the gig economy and workers' compensation and is taking the lead on mounting a nation-wide campaign to ensure that companies like Uber treat their workers as employees. Thus far, they've compiled cases in numerous states where government agencies have found ride-sharing drivers to be employees...but they need more.

If you have any cases pending that are relevant to this description, please contact support@caaa.org .

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