David N. Rockwell , Esq., Legislative Chair

FROM THE LEGISLATIVE CHAIR

The last week of August 2006 was a busy one for CAAA's legislative advocates and the Executive Board. The first three days saw us visiting the offices of every assembly Democrat to discuss with the member or staff the most important bill to our clients: SB 815, Senator Perata's bill to restore some fairness to the permanent disability system. This bill would have doubled the number of weeks of permanent disability for injuries on and after January 1, 2007, and phased in basis over 2007, 2008 and 2009. While we were fairly certain of its passage in the Senate, we wanted to make sure to acquaint members of the Assembly of its intent and effect. Assemblymember Sally Lieber was the floor jockey when the bill came to a vote late Wednesday evening. As we know, it passed with 44 votes in the Assembly; it passed the next day in the Senate with 23 votes.

Not unexpectedly, Governor Schwarzenegger vetoed the bill in September. However, the fact that we, with support from all elements of labor and the Consumer Attorneys of California, received the endorsement for this important bill from so many legislators is a good sign for next year.

At a press conference on September 1, coordinated by Steve Hopcraft, Assemblymember Lieber and Senator Perata, in the presence of two workers with amputated legs, emphasized the importance of restoring fairness to permanent disability, and the ability to do so now, without affecting other aspects of SB 899. Senator Perata said the following:

“This building is full of highly paid lobbyists and the insurance industry pays the most. These people are compensated well beyond what anybody in this room would dream of getting for your hard work. Applicant attorneys, individually, are the advocates for these workers. They are their lobbyists, they are the ones that represent them in these halls. If they didn’t do it, no one would be doing it. And I’ll tell you, they are not living lavish lifestyles. They are as important to these people as doctors, or anyone.
 
If it weren’t for the applicant attorneys and the work that they did, no one would have represented them in this building. These things would not be brought to our attention.”

Two other bills of importance to our clients passed and actually received the governor's approval. First, AB 2068 (Nava) extended until December 31, 2009 the right of workers with group health insurance to pre-designate their personal physicians in the event of work injury. It also eliminated the 7% cap on the number of workers who can pre-designate.

AB 1368 (Karnette) also passed and was signed by the governor; this law prohibits SB 899's changes in apportionment from applying to law enforcement personnel.

The legislative session beginning in January 2007 promises to be complicated, full of risks and opportunities. Permanent disability will once again be an issue, as will the limits on temporary disability. The insurance industry and employers will bring their own measures which we will have to defend against. We made some headway this year, but we cannot rest until some fairness is restored for the working men and women of California.