Bill Introduced to Maintain Worker's Right to Predesignate
Senator Mark DeSaulnier (D -Concord) has introduced CPF co-sponsored legislation to maintain the right of some injured workers, including firefighters, to see their own doctors if they get injured on the job. The bill, SB 186, would eliminate the current December 2009 date on which the right to predesignate is scheduled to sunset.
In 2006, AB 2068 (Nava - Chapter Number 819, Statutes of 2006) was signed into law, securing the right of injured workers to see the doctor of their choice if they were injured on the job. However, pursuant to AB 2068, this right is only afforded until 2009. Last year the CPF co-sponsored similar legislation, SB 1338, that was vetoed by the Governor.
The CPF believes that this basic employee protection should not have a time stamp or ending date. Indeed, the predesignation of a treating physician for workers' compensation purposes is an important protection against the forced use of an employer-chosen doctor following a work place injury. Studies show that satisfaction levels are much higher when employees see their own doctor, facilitating a better environment in which the employee can heal more quickly.
The hazards of firefighting and law enforcement do not know jurisdictional boundaries, so when injured on the front lines, our state's first responders value their option to designate a physician that is familiar with the demands of their unique job descriptions. This is a key component to enabling an injured public safety officer to return to work in a healthy and timely manner.
SB 186 was introduced on February 17. The Senate Labor and Industrial Relations Committee heard the bill on March 25, 2009 where it was unanimously approved. Senator Mark Wyland (R-Carlsbad), a member of the Committee, spoke fervently in favor of the bill during the hearing, citing personal experiences as proof that "predesignation does work." SB 186 was heard on the Senate Floor on April 27 where it was approved by a 29 to 10 vote. This bill then went to the Assembly where it was assinged to the Assembly Insurance Committee and passed with a 9-1 vote on July 8th. SB 186 passed off of the Assembly floor on September 3rd with a 69-2 vote. The bill was then sent to the Governor where he signed it into law on October 11. 2009 (Chapter 565, Statutes of 2009).
For questions, please contact CPF Legislative Director Amy Howard at ahoward@cpf.org.
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