Current Newsletters
PSOB – THE FEDERAL GOVERNMNET’S PROGRAM TO PROTECT PUBLIC SAFETY OFFICERS AND THEIR FAMILIES
Various governmental entities in this country acknowledge the unique exposures safety officers have in their employment situation which can lead to a variety of injuries. Of particular relevance to California officers are the state laws providing Workers’ Compensation benefits in the event of a job-related injury. Significantly, however, the Federal Government also has a program — the Public Safety Officers’ Benefits...
UR & IMR PROBLEMS CONTINUE
Labor Code §139.5 addresses the Independent Medical Review (IMR) process, which commenced for injuries occurring on or after January 1, 2013, setting forth a cloak of protection and secrecy for the doctors who participate in the IMR protocol. This protocol is the appeal vehicle for injured workers whose recommended medical care has been denied by the Utilization Review (UR) process. In both cases — UR and IMR — the reviewing...
ASSEMBLY BILL 1749 PROVIDES PROTECTION NEEDED FOR OUR FIRST RESPONDERS By Scott O’Mara
Law1199.com Newsletter 2017 Issue #12, published in November 2017, addresses the legislative changes introduced on January 3, 2018, by Assembly Member Daly through Assembly Bill 1749. This bill was principally co-authored by Assembly Member Quirk-Silva and Senator Bates, and also co-authored by Assembly Members Grayson, Mayes and Rodriguez and Senator Wilk. AB 1749 is direct in its attempt to eliminate ambiguity and the wall of...
UR & IMR PROBLEMS CONTINUE; SAFETY WORKERS UNFAIRLY CRITICIZED; WORKERS’ COMP REFORM NEEDED TO RESTORE CHECKS AND BALANCES
Labor Code §139.5 addresses the Independent Medical Review (IMR) process, which commenced for injuries occurring on or after January 1, 2013, setting forth a cloak of protection and secrecy for the doctors who participate in the IMR protocol. This protocol is the appeal vehicle for injured workers whose recommended medical care has been denied by the Utilization Review (UR) process. In both cases — UR and IMR — the reviewing doctors...
CONTINUATION OF 420-WEEK EXTENSION FOR FAMILY MEMBERS OF DECEASED SAFETY OFFICERS TO ACCESS DEATH BENEFITS IS NEEDED
Job-related injuries may allow for several remedies regarding the need for medical care, the nature and extent of same, and time off from work for the injured worker. Job-related injuries also may provide sepa¬rate and independent death benefits to the worker’s dependents in the event the worker dies as a result of the work injury, but specific legislation sets forth that an injured worker’s dependents’ opportunity to procure death...
Assembly Bill 1749 Provides Protection Needed For Our First Responders
Law1199.com Newsletter 2017 Issue #12, published in November 2017, addresses the legislative changes introduced on January 3, 2018, by Assembly Member Daly through Assembly Bill 1749. This bill was principally co-authored by Assembly Member Quirk-Silva and Senator Bates, and also co-authored by Assembly Members Grayson, Mayes and Rodriguez and Senator Wilk. AB 1749 is direct in its attempt to eliminate ambiguity and the wall of...
Understanding The Retirement System and The Important Distinction Between Actual and Prophylactic Restrictions
By Scott O’Mara The State of California and other governmental entities — such as the counties, school districts, college districts and cities — recognize the unique work associated with law enforcement, along with the unique harmful exposures of that occupation. This work requires special education and training which is limited in its transferability to other employment opportunities they might pursue post their work in law...
Changes Are Needed to Restore The California Workers’ Compensation System to Fulfill Its Purpose as Defined in The California Constitution.
By Scott O’Mara Pursuant to the California Constitution, Article 14, Section 4, the goal of Workers’ Compensation is to “cure and relieve” injured workers from the effects of their work-related injuries. Unfortunately, however, this constitutional goal was unintentionally obstructed by certain elements of legislation passed in 2004 (Senate Bill 899) and 2012 (Senate Bill 863), resulting in deleterious consequences for the California Workers’...
