Re: July 6 Riverside-San Bernardino Meeting

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Reminder: We need you.
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> Come share your experiences with other injured employees
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> who are attempting to navigate this system.
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> We will meet at the SBPEA Association office at:
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> 433 N. Sierra Way, San Bernardino. CA
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> On the 1st Wednesday of each month, beginning JULY 6, 2005
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> From 5:30 to 7 PM
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> No cost, Free Parking
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> This is NOT a County or SBPEA sponsored group,
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> but an independent group whose purpose
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> is to exchange experiences and information
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> about our Work Comp experiences.
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> Call 951-313-4559 for information
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> Or write to InjuredGOVworker@aol.com

For wishful thinkers appeals court decisions are painful

Wishful thinkers are relying on the good graces of the courts
of appeal and the supreme court to overturn the draconian
effects of SB 899. In particular, the new rules on
apportionment and the new permanent disability schedule. They
took heart in the WCAB decision in Scheftner which said that
SB 899 did not apply to cases in which discovery was closed
pending trial. In the recent decision, Marsh v. WCAB, the
Fifth Disctrict Court of Appeals puts another nail in the lid
of the coffin burying pre-existing benefits for injured
workers. In Marsh, the injured worker's case had been tried
and a decision issued. The employer's petition for
reconsideration opened the case to SB 899 and the new
apportionment rules. The clear ruling of Marsh says that SB
899 apportionment applies to all cases that have not had
their writ of review denied by the Court of Appeals. The
effect of this decision will be to grind all pre-SB 899 cases
to a halt pending further medical reports. It also confirms
the facts of the situation for the wishful thinkers. SB 899
represents, depending on your perspective, a political
solution to cut workers compensation benefits in every area,
medical treatment, temporary and permanent disability
benefits, and by any means. The Court of Appeals has
recognized this legislative intent and has determined to
carry it out. Those practioners hoping that the courts will
overturn the new permanent disability schedule had better
hold off on making down payments on new California real
estate. Their cash flow is definitely going to suffer along
with the injured workers.
> posted by Charles Wear > 6/29/05; 6:05:06 AM
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