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Amendments Proposed by VOICES, Inc.
2007 Legislative Session
For more information, contact Mary Bailey

Attorney fee amendment

Medical Amendments

Repeal all workers compensation law by July 2008

 

Attorney fee amendment

(12) A claimant's attorney's fees shall be no more or

21 less restricted than those of the employer or carrier. Each

22 has equal access to counsel, as provided for in the State and

23 United States Constitutions. Claimant attorney fees shall return to the pre SB 50 A 2003 law.

24 (12) Every subpoena must be signed by a judge of

25 compensation claims. An attorney for neither side has

26 authority to issue subpoenas.

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Medical Amendments

2) Injured workers may choose their own physicians

13 from a statewide list of participating physicians who accept

14 workers' compensation insurance, which list is compiled and

15 maintained by the Department of Financial Services and

16 contains the names of all such physicians in the state who

17 accept new patients. Each injured worker shall choose a family

18 physician to coordinate his or her treatment and referrals

19 during his or her injury. A specialist of any kind may not be

20 chosen as a family physician. Each carrier is entitled to one

21 independent medical examination of its choice per specialty,

22 as is the injured worker if the independent medical

23 examination disputes the diagnosis and treatment plan of the

24 treating physician. A carrier must follow the same fee

25 schedule as the injured worker. A yearly assessment on

26 impairment must be done by the injured worker's family

27 physician and any other specialty physician relating to the

28 on-the-job injury if the family physician feels that a

29 referral is necessary to complete the assessment.

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30 (3) A carrier cannot change an injured worker's

31 physicians or refuse referrals without justification and the

1 approval of the injured worker. If a dispute arises on this

2 issue, the judge of compensation claims shall grant a motion

3 for a hearing within 5 working days after notification of the

4 dispute, to fairly resolve the issue if it cannot be resolved

5 by the Employee Assistance Office within 1 week after the

6 issue has been referred to that office. The judge of

7 compensation claims shall make an adjudication on this issue

8 at the hearing or within 7 working days thereafter.

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9 (4) There is no limitation on temporary benefits.

10 Benefits shall stop at the date of maximum medical improvement only if the
claimant is able to return to work.
11 regardless of the length of time required to get to maximum

12 medical improvement and return to work status unless the person is permanently
and

13 totally disabled. Before any benefits are stopped or the

14 injured worker is placed on permanent total disability, he or

15 she must be assessed at maximum medical improvement by all

16 treating physicians and an impairment rating must be received

17 by all treating physicians or from a specialist in every area

18 of injury, or both. Treating physicians' opinions shall have

19 the greatest weight in the case of any dispute. Maximum

20 medical improvement may not always indicate that an injured

21 worker can return to work. Any injured worker on medications

22 that restrict him or her from driving or operating machinery

23 will be compensated until a date when the treating physician

24 decides it is safe for the injured worker to drive while

25 medicated or the injured worker is taken off the medication.

26 This includes any drug with a dosage such that the Florida

27 Highway Patrol would consider a driver who drives while taking

28 that dosage as intoxicated or driving under the influence and

29 could lead to loss of driver's license if the injured worker

30 is driving while impaired by the drug. If an injured worker is

31 too impaired to drive while medicated, he or she is too

1 impaired to work. During this time, if the person is not

2 permanently and totally disabled, he or she will be considered

3 temporarily totally disabled and benefits must be paid.

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4 (5) An employer or carrier may not dispute a case if

5 it fails to do so in the 120-day period provided by law for

6 investigation unless there is clear and convincing evidence of

7 a significant change in the injured worker's impairment rating

8 by his or her treating physician or clear and convincing

9 evidence of fraud.

10 (6) The Department of Financial Services shall compile

11 a list of physicians statewide who are willing to take

12 out-of-state workers' compensation claims for residents who

13 have moved to this state after injury in another state. The

14 department shall help workers injured out of state secure

15 their benefits from carriers in other states by working with

16 the workers' compensation systems in the other states.

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Repeal all workers compensation law by July 2008

Repeal all workers compensation law by July 2008.

Repeal workers compensation insurance and convert to 24/7 or regular health insurance, which must meet minimum standards arrived at by the Florida Legislature after an interim study to be done in the off session. In this policy injuries at work will be covered. In addition to regular coverage this policy must include psychiatric, podiatry, chiropractic, ophthalmic, physical therapy and accidental dental coverage as well as hospitalization and drug coverage and other treatments and therapies that the treating physician deems appropriate. All stakeholders, including injured workers, must be heard by the committee the study is assigned to. All stakeholders should have equal access to the committee. All testimony must be given under oath.

Require all employers to provide health insurance to employees and their families in lieu of workers compensation insurance. Employers are required to pay a minimum of 80% of the insurance premium. Require all employers to provide short and long term disability policies in which they will pay a minimum of 80% of the premium. All employees will be required to accept the insurance and pay their portion of the premium which will be automatically deducted from their pay check.

This policy will fall under the regulation and guidelines provided for by the state for regular insurance.

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Indemnity, benefits, psychological/chemical, discovery amendments.

1 (14) An injured worker who returns to employment with a reduction in salary or
benefits returning to employment and

2 making less in salary and benefits than he or she was at the

3 time of the injury shall be compensated by the employer or

4 carrier for the difference in salary and benefits.

5 (15) Psychological injury or illness, or both, as a

6 result of the injury or treatment, or both, while in the

7 workers' compensation system shall be covered at the same rate as those with
physical injuries. Indemnity

8 benefits and treatment shall be provided at the same rate as

9 for any other injury.

10 (16) Chemical or toxic injury or illness shall be

11 determined relevant to the injury by a physician and not the

12 employer or carrier. Employer records shall be discoverable

13 pertaining to the number of incidents similar to the toxic or

14 chemical injury suspected. This also includes the

15 manufacturers' safety data sheets provided from the

16 manufacturer of any chemical or hazardous substance as well as

17 any handling instructions and ingredients in any suspected

18 chemical or hazardous substance.

19 (17) Employer records for all injuries shall be

20 discoverable relating to job safety and unlawful termination

21 of injured workers as well as any discrimination or prejudice

22 suspected related to the on-the-job injury.

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23 (18) The claimant's employer at the time of injury must adhere to temporary restrictions

24 placed on the injured workers with no exceptions. If said

25 employer fails to employ an injured worker with permanent

26 restrictions, it is the employer's responsibility to pay for

27 retraining, indemnity payments while retraining, and placement

28 of that injured worker.

29 (19) The employer or carrier shall pay the injured

30 worker indemnity benefits during his or her complete

31 rehabilitation or retraining, or both, in addition to what the

injured worker receives from the state trust fund for

2 schooling and books as long as an agent assessment from the

3 Bureau of Reeducation and Rehabilitation Services approves the

4 retraining as an option for the injured worker.

5 (20) The employer shall provide the injured worker and

6 his or her family with health insurance benefits at the same

7 cost that was normally taken out of the employee's paycheck

8 for whatever insurance the employee had at the time of injury,

9 as opposed to the total cost the employer pays monthly for

10 such insurance.

11 (21) Medical benefits may not be settled out at any

12 time.

13 (22) Supplemental benefits for permanent total

14 disability shall continue until death. Permanent total

15 benefits shall continue until death.

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16 (23) The employer or carrier may not alter or cut off benefits

17 for those on permanent total disability prior to a hearing with

18 the judge of compensation claims, except in the situations where

other laws, such as cost-of-living adjustments supercede. The employer or carrier
may

19 not reopen a case after the 120 day period of investigation after the injury without
clear and

20 convincing evidence of fraud or a change in the medical status

21 by the treating physician.
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