HomeMy WebLinkAboutRES NO 029-04RESOLUTION 0 2 - 0 4
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD IN SUPPORT OF THE COMMITTEE
FOR WORKERS' COMPENSATION REFORM AND
ACCOUNTABILITY AND THE WORKERS'
COMPENSATION ACCOUNTABILITY AND REFORM
ACT INITIATIVE
WHEREAS, city leaders are in a position to make decisions governing
local affairs, educate the citizenry as to the benefits of responsible local government,
and advocate on behalf of cities; and
WHEREAS, California employers pay the highest workers' compensation
costs in the nation; and
WHEREAS, costs for workers' compensation have grown dramatically for
both public agencies and private businesses, which has impacted the city's ability to
provide public services and promote economic development efforts of the city; and
WHEREAS, the city's average costs per claim for workers' compensation
have almost doubled over the past six years; and
WHEREAS, these increased cost have resulted in reductions in personnel
providing important public services such as street maintenance, park and landscape
maintenance, and public safety personnel, as well as the closure of public swimming
pools; and
WHEREAS, the implementation of workers' compensation reforms such
as those included in the Workers' Compensation Reform and Accountability Act would
result in significant cost savings to the city; and
WHEREAS, the Workers' Compensation Reform and Accountability Act
would include the following reforms:
Proof of Injury: The initiative will require the employee to prove an injury
occurred at work. It will require the employee prove the injury by a
preponderance of the evidence. It will also require that all workers' compensation
laws be interpreted in an impartial and balanced manner so that the employee
and the employer will be considered "equal before the law."
Apportionment of Permanent Disability: The initiative provides that injured
employees receive disability benefits from their employer only for the portion of
disability caused as the direct result of the injury arising out of and occurring in
ORIGINAL
the course of employment. Employers would not be liable for injuries or
conditions that are not a direct result of the employment.
Treating Physicians: The initiative requires that treating physicians, whether
pre-designated or selected thirty days after the injury occurs, be mutually agreed
upon by both the employee and employer.
Qualified Medical Examiners: The initiative will require that the selected
Qualified Medical Evaluators' specialty is relevant to the type of injury for which
the evaluation is sought. Evaluators will be required to support their opinions
using "objective findings."
Medical Treatment Dispute Resolution: Disputes regarding the denial,
modification, delay or approval of medical treatment would be decided by
medical professionals.
Standardized Treatment Guidelines: The diagnosis and treatment of industrial
injuries will be governed by guidelines established by the American College of
Occupational and Environmental Medicine. Those guidelines are based upon the
best ava~/able scientific evidence. This will require evidence based opinions by
doctors and it will remove speculation and conjecture as the basis for an opinion.
7. Benefits for Convicted Criminals: Inmates will no longer be permitted to make
a claim for disability payments for injuries that occur while they are in custody,
8. Workers' Rights: Permanent disability benefits will be increased for the most
seriously injured employees.
WHEREAS, the Committee for Workers' Compensation Reform and
^ccountability supports Governor Arnold Schwarzenegger's Legislative efforts on this
issue; however, they are preparing to take the issue directly to voters if the Legislature
fails to act by the Governor's Mamh 1st deadline. If the Legislature misses this
deadline, steps to qualify the measure for the November ballot will be taken.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Bakersfield of the State of California, that the city supports the efforts of the Committee
for Workers' Compensation Reform and Accountability and the Workers' Compensation
Reform and Accountability Act Initiative.
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I HEREBY CERTIFY that the foregoing Resolution was passed and
i!~:(~t~ b~le Council of the City of Bakersfield at a regular meeting thereof held on
· ~V?by the following vote:
COUNClLMEMBER COUCH, CARSON, BENHAM, HANSON, MA~C, AT.3T~.JLL'.V.~ALVAGGIO
COUNCILMEMBER
COUNClLMEMBER ,
COUNCILMEMBER ~ ·
00
Council of the City of Bakersfield
APPROVED FEB 1 1 20o~
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO7
City Attorney
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ORIGINAL