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Archive | November, 2004


Posted on 17 November 2004 by admin

SACRAMENTO, CA – The California Applicants Attorneys Association (CAAA) today called for a 24% cut in workers’ compensation insurance premiums for January 2005 to reflect billions of dollars in cuts to injured workers’ medical and disability benefits. “Two rounds of cuts have transferred billions from already-strapped injured workers into the pockets of insurance companies,” David Schwartz, president of CAAA said in response to the Insurance Commissioner’s recommendation for a 2.2% decrease. “Insurers are enjoying record-high profits, but claim they can’t reduce premiums. Huge changes have already gone into effect, yet insurers claim they can’t reduce rates until other cuts take effect next year. Claim frequency has been cut in half. Medical and other claim costs have dropped, permanent disability benefits weeks for virtually all workers have been reduced, yet the industry rate filing has not taken this reduction into account.”

Schwartz also criticized Governor Schwarzenegger for “making up facts to suit his wish that rates would be reduced by cutting injured workers’ benefits. It hasn’t happened, and the governor has resorted to fiction. What business owners is he speaking with? The majority of California employers have seen little or no relief. The average rate cut has been less than 10%, after increases of as much as 300%.”

The Governor appeared last night on “Larry King Live,” and stated that:
“Workers’ compensation was the poison of our economy, Larry. And he knows that. And this is why businesses moved away. The costs went up, sometimes in one year they doubled, the workers’ compensation costs.

And what we needed to do is create real reform, to go in there and look at this whole workers’ compensation and find ways of reducing the costs. So we created great reform now. Now the costs have already gone down an average of 70 percent to 20 percent. Next year they will go down further.”

The injured workers’ advocates asks the Insurance Commissioner to make four changes in the proposal submitted by the industry rating bureau:
1. Drop the assumption that more claims will be filed in 2005
Claims frequency has been cut in half since 1991, yet the industry still assumes that more claims will be filed in 2005.
2. Drop the industry assumption that medical and other claim costs will continue to climb
Recent cuts have already caused medical and other claim costs to drop, flatly contradicting the industry assumption that these costs will continue to climb.
3. Account for the reduction in permanent disability benefit weeks for virtually all workers
The industry’s filing did not take this cut into account.
4. Drop the industry’s assumption that the cost of adjusting claims will rise significantly next year
The purpose of the recent legislation was to make claims more consistent and predictable, which will reduce adjustment expenses.

“The governor and the legislature have taken away benefits from injured workers, benefits that are already too low. You can keep on cutting injured workers’ benefits down to zero, and without regulation insurance companies may not reduce premiums by a single dollar,” said Schwartz.

Although some insurance companies suffered large losses from the unprecedented four hurricanes that devastated Florida early this fall, results from other business – including California workers’ compensation – continues to provide fat profits. AIG, for example, one of the largest workers’ compensation insurers in California, reported that net income for the first 9 months of 2004, excluding the hurricane losses, reach a record level of $8.03 billion, an increase of 22.3% over last year. The American Financial Group, parent of the Great American Insurance Group) a top 10 write in California workers’ compensation insurance), reported that profits form insurance operations excluding catastrophic losses increased from $109 million to $149 million from the first 9 months of 2003 to 2004. Great American continues to operate at almost a 10% profit level even before considering investment income.

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Posted on 17 November 2004 by admin

SACRAMENTO – Injured workers’ advocates charged today that the Schwarzenegger Administration’s proposed new permanent partial disability compensation schedule “severely reduces permanent disability benefits to injured workers.” California Applicants’ Attorneys Association President David Schwartz said that the Administration has “refused to follow the statute and the Legislature’s intent,” and vowed to challenge the proposed cuts in permanent partial disability ratings released this week by the Division of Workers Compensation. Schwartz said that the new cuts set permanent disability levels “lower than they were in 1983.” Here are some examples of injured workers who would be harmed by the governor’s proposal: A carpenter with an injury to both shoulders who cannot lift his arms, or work, above the shoulder, would be rated 46% disabled and receive $51,550 presently. That same injured carpenter would be rated just 18% disabled and receive only $16,050 under the Administration’s plan. In 1983, this same injured worker would have received $28,000 (equal to $52,532 in 2004 dollars), significantly more than under the Administration’s proposal. A warehouseman with a leg injury that requires amputation just below the knee, and gets an artificial leg, would receive $62,000 under the present schedule. Under the governor’s proposal, he would receive just $36,000. (In 1983, this same injured worker would have received $34,000, which is worth $64,150 in 2004 dollars. [Consumer Price Index Conversion Factor]) “The proposed new rating schedule will result in a tremendous reduction in permanent disability benefits for injured workers,” said Schwartz. “These new ratings will not provide fair or adequate benefits for injured workers.”

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