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Sunday, September 21, 2014

Workers’ Compensation changes found unconstitutional in Florida and may effect California injured workers

Anyone that has been following California Workers’ compensation over the last few years has seen medical care and wage replacement benefits slashed.  It is to the point where the Workers’ Compensation system is causing more problems than it is fixing.  The same thing is happening in several other states including Florida.  Thankfully a judge has finally taken a stand and said the Workers’ Compensation system changes have gone to far.  Workers’ Compensation has a purpose; it is supposed to get workers’ healthy and compensate them for the time they missed from work and the permanent disability they now suffer.  The changes in Florida limited treatment, stopped workers’ from getting wage replacement, and did not compensate people that lost their ability to work.
As judge Cueto stated “The purpose of a workers’ compensation act is not for it to be used as a weapon in an economic civil war, its purpose is to provide adequate compensation for on-the-job injuries in place of a worker’s ability to sue in civil court.”
The same arguments made in Florida apply to California where a simple doctors request for treatment takes an average of 7 months to get approved.  For example, a person that twists their knee at work may have to wait over 6 months for an MRI, where a person not hurt on the job will have that same MRI within a day, a week at the most.  This delay slows down the recover of...
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