Our Finest Hour Part II: Our Initiative To Repeal SB 899
Our Last Chance To Save Workers' Compensation
From the day, either by initiative or legislative, Workers' Compensation reform was first proposed by our newly elected governor, to the dark days prior to the enactment of SB899 and the even darker day when it was enacted, our local applicant attorneys have been talking about a referendum or an initiative to do something about it.
Despite our last minute valiant efforts that we knew were futile, SB899 was passed.
Since that moment we have seen the onslaught of our enemies aggressively moving towards its actual implementation.
The first attack was regarding the retroactive application of apportionment. Now there is an appellate court ruling supporting that principal. In other words it is the law.
Our opponents fired the experienced Administrative Director and he appointed his shill to draft rules and regulations to facilitate the MPN's as well as the new permanent disability-rating manual. That too has become the law.
In addition, she has drafted rules and regulations granting the insurance company the power to force injured workers to accept medical treatment from the network doctors even though they have exercised their right to choose their own doctor. That is the law.
Insurance companies have seen the passage of SB899 as a green light to aggressively apply AECOM in denying medical treatment. In some cases their denials are within the bounds of the law; in others they have blatantly abused this newfound power. With the new restrictions regarding penalties they are not concerned that their illegal acts will result in consequences of any great magnitude.
More sinister they have set up their MPN's comprised of weak-kneed doctors of their exclusive choice.
They have excluded our right to seek our own evidence from a QME to dispute the company doctor's opinion.
Except for a few small groups of injured workers and CAAA's lawsuits there has been little, if any, resistance to the attack. The democratic legislature is happy to have Workers' Compensation reform behind them as they face a new onslaught of edicts from the Governor and they are not soon to return to the issues of SB899.
While a referendum would have been a good idea, I regret to inform you that we have blown our statute of limitations to do that.
The only possible way, other than CAAA's fight in the courts, to unravel the most draconian provision of SB899 is through the legal process of the initiative. Thus, the only thing that can be done to win the war is to successfully put an initiative on the 2006 ballot. As lawyers we know full well that legal battles such as CAAA's lawsuit will drag on for years, as you can be sure that the enemy will take a loss to the Supreme Court.
At the moment, most of us are still finding our practice lucrative enough to keep going, as we are still able to achieve decent settlements on our book of pre SB899 cases. However, by 2008 most of those cases will be settled and our book of business will be largely comprised of post January 1, 2005 cases.
I mention this date because that will be the next chance to put an initiative on the electoral ballot. By then our practices will be destroyed and the Dark Age for injured workers will be permanent. We will neither have the numbers, money or the will to launch our last ditch effort to save Workers Compensation.
The 2006 election is only months away. In that time we have to prepare the initiative, gather hundreds of thousands of signatures and launch a campaign against formidable foes.
We should have started this the day the Democrats sold us out but we procrastinated and now we are up against the wall with very little time. I took some time to examine the legal procedure to follow to get an initiative on the ballot and let me assure you our time line is very narrow.
Since we have no money to pursue an initiative and a successful campaign, let alone an organization to do it, we will have to do this on a grass roots level. That means we will have to form an organization throughout California to gather money and signatures and to promote our initiative.
It sounds hopeless but it is not. I have, from day one, pointed to the passage of Proposition 103 by Harvey Rosenfield and Ralph Nader as an example of what has to be, and can be done, on a grass roots level. If you haven't taken the time to read my Proposition 103 posts or, better yet, gone to consummerwatchdog.org and read up on it I suggest that you do it now.
As I stated in my last Ranting we need to form an organization NOW to get this going or we will miss our last opportunity to save Workers Compensation for ourselves and for the injured workers who we love so much.
Call the organization anything you like and elect or accept any leader that is willing to step up and get this going. It doesn't matter. What does matter is that we stop waiting for Godot because he's not coming. We can't wait for CAAA or anybody else. We are the only ones who can do this and if we fail, (to paraphrase Winston Churchill), Workers' Compensation will sink into the abyss of a New Dark Age never to be revived again.
This will not happen by sitting around the Starbucks moaning and bitching. It will take, as George W. Bush said over and over again in the first presidential debate, HARD WORK.
In my last Ranting I moved to nominate DAVE DUGAN to lead our effort. That's my nomination; please feel free to nominate or declare your intent to lead our new organization. If others wish to lead our movement, we'll have a meeting and an election and pick our leader.
While I'm at it, I also move to nominate Linda Atcherly, Stan Levine, Michael Wax, Phillipi Jueso, Scott O'Mera, John Kywan, Marty Stern, Carlos Fox and of course Jerry Brody (to hold an honorary position only), and any other person who showed the least bit of guts in pre SB899 days, to positions of high authority in our organization.
Oh yes, I move to nominate Peter Goldberger as Webmaster and minister of the media.
Finally, I nominate Jeff Barnett posthumously. Sadly, we won't be seeing him around the board anymore. Sadly, we won't be seeing each other there if we don't do this.
To those who didn't join us on the street, now is the time to step up.
I'm sure there are applicant attorneys all over the state who will be inspired by our outrageous act. The diehards in these locals will be quick to start a local chapter in their area. Soon we'll be in a position to run a successful grass roots campaign.
Once we show Harvey Rosenfield we mean business he'll support our efforts as he does with the nurses and teachers. Why should he waste his time on us when we won't spend the time and energy on ourselves?
But time is short. The wrath of the enemy is upon us. He knows that if he can destroy our little Island then he has won the war. But if we succeed, if we pass an initiative on a grass roots level, then injured workers 100 years from now will still say, "This was our finest hour." ( Click on the following link, scroll down and click on airplane pic entitled "the battle of Britain on the right column and listen to these inspiring words )
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It's time to say: " I'M MAD AS HELL AND I WON'T TAKE IT ANYMORE!"
IT'S TIME TO ORGANIZE AND GIVE IT OUR BEST SHOT!
I will be returning to Toronto this summer to unveil my mother's gravestone, marking the one-year anniversary of her passing. Though not educated, she had the wisdom of 89 years on this forsaken planet. I'll never forget one of her favorite sayings,
"God helps those who help themselves."
The Laws Pertaining to Initiative: Click Here
- J. Geller
March 12, 2005
