Improving Dispute Resolution for California's Injured Workers. Executive Summary PDF Download
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
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Book Description
California's 90-year-old workers' compensation system is designed to provide injured workers immediate and speedy relief without re- sorting to a formal trial. Instead of involving judges and the civil courts, injured workers may simply file a claim through a no-fault, administrative process. In theory, the process for delivering workers' compensation benefits, such as medical care, replacement of lost wages, and vocational, rehabilitation services, is precisely defined in the California Labor Code and other regulations and is mostly automatic. In reality, how- ever, disputes often arise over issues such as whether an injury in fact occurred at work, whether medical treatment is necessary, and the extent to which an injury poses long-term consequences for the worker. All such disputes are resolved in a single forum: the Workers' Compensation Appeals Board (WCAB). Of the one million workers' compensation claims filed in California every year, about 200,000 end up at the WCAB.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
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Book Description
California's 90-year-old workers' compensation system is designed to provide injured workers immediate and speedy relief without re- sorting to a formal trial. Instead of involving judges and the civil courts, injured workers may simply file a claim through a no-fault, administrative process. In theory, the process for delivering workers' compensation benefits, such as medical care, replacement of lost wages, and vocational, rehabilitation services, is precisely defined in the California Labor Code and other regulations and is mostly automatic. In reality, how- ever, disputes often arise over issues such as whether an injury in fact occurred at work, whether medical treatment is necessary, and the extent to which an injury poses long-term consequences for the worker. All such disputes are resolved in a single forum: the Workers' Compensation Appeals Board (WCAB). Of the one million workers' compensation claims filed in California every year, about 200,000 end up at the WCAB.
Author: Nicholas Michael Pace
Publisher: Minnesota Historical Society
ISBN: 9780833033482
Category : Business & Economics
Languages : en
Pages : 42
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Book Description
For more than two decades, the California workers' compensation courts have been criticized for being slow, expensive, and procedurally inconsistent. In response to these concerns, the Commission on Health and Safety and Workers' Compensation engaged the RAND Institute for Civil Justice to conduct a top-to-bottom review of the courts. The research team found that the courts' problems stem largely from severe understaffing, the failure to upgrade their management information system, and a lack of clear guidance and coordination in the governing rules and procedures. (This document is an Executive Summary of the full report on this study, Improving Dispute Resolution for California's Injured Workers, MR-1425-ICJ, 2003. This Executive Summary includes a CD that contains the text of the full report.)
Author: Alex Swedlow
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 16
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Book Description
Author: Linda J. Starr
Publisher:
ISBN:
Category :
Languages : en
Pages : 34
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Book Description
Author: David I. Levine
Publisher: W. E. Upjohn Institute
ISBN:
Category : Business & Economics
Languages : en
Pages : 202
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Book Description
Presents an account of experiences made with the Alternate Dispute Resolution (ADR) process, with particular reference to the roles of lawyers, arbitrators, ombudsmen, unions, etc.
Author: Mark A. Peterson
Publisher: RAND Corporation
ISBN: 9780833025777
Category : Business & Economics
Languages : en
Pages : 248
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Book Description
Workers in California experiencing injuries at work that result in permanent partial disabilities (PPD) are eligible to receive compensation. The workers' benefits, doctors' and attorneys' fees, and the system that processes the hundreds of thousands of annual claims cost employers billions of dollars each year. This report evaluates the workers' compensation system by examining its efficiency and the adequacy and equity of its benefits, and suggests system reforms. The authors conducted interviews with system participants and found that the system is still troubled by many of the same problems that plagued it before the 1989 and 1993 reforms. It remains overly costly, complex, and litigious while delivering modest benefits. The authors estimated the wage losses of PPD claimants in 1991-93, and found that even after five years, the injured workers earned considerably less than controls. In addition, injured workers experience considerable time out of work, not just immediately after the injury, but also after the initial return to work. The authors identified particular problems among claims categorized by the workers' compensation system as "minor," the vast majority of claims. For this group, wage replacement rates were lowest. Reform proposals include an elective fast track to streamline claims processing, and a revision to the disability rating schedule to improve the relationship between wage loss and benefits paid.
Author: David W. O'Brien
Publisher:
ISBN:
Category : Workers' compensation
Languages : en
Pages : 212
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Book Description
Author: Christopher Ball
Publisher: Nolo
ISBN: 1413322697
Category : Law
Languages : en
Pages : 457
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Book Description
This complete guide for injured workers in California will help injured workers get medical treatment with their own doctor or find another, file claims on time, deal with claims adjusters who don’t want to pay benefits, and get a lump-sum settlement for the highest amount possible.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author:
Publisher:
ISBN:
Category : Employers' liability
Languages : en
Pages : 262
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Book Description
