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CA Peace and Freedom Party Statement on Workers' Compensation Scandal

by Kevin Akin, State Chair (kevinakin1950 [at] hotmail.com)
The California state legislature has been investigating massive institutional malfeasance inside the California State's Division of Workers' Compensation. Injured workers are sickening and dying because of denial of just claims.
Peace and Freedom Party
California State Central Committee

____________________________

Statement on Workers' Compensation Scandal

By Kevin Akin, State Chair, Peace and Freedom Party
June 7, 2006

The supposed "reform" of California's Workers' Compensation system by a corporatist coalition of Democrats and Republicans is leading to a crisis. Thousands of injured workers, betrayed by a system designed to victimize them and enrich a corrupt few, have nowhere to turn within the official system.
The government apparatus supposedly designed to help them has been taken over by obedient servants of the wealthy and their corporations. Criminal corporations and criminal "public servants" are working together to deny care to injured workers, discredit and blacklist those
who complain, and hide the evidence from the public.
Those who defy them are targeted for prosecution for "fraud", with no real evidence required for district attorneys to go after injured workers and those who help them at the behest of the insurance company profiteers.

One important part of this effort is the Fraud Assessment Commission, whose head is William Zachry, a committed enemy of workers and an official of Safeway Inc. Safeway has become notorious for its abuse of the Workers' Compensation system and its determination to deny required benefits to injured workers. Zachry has been appointed by a democratic governor and reappointed by a Republican governor, a clear example of the collaboration between the two corporate parties against the interests of working people.

As state chair of The Peace an Freedom Party, I call for the
resignation or removal of William Zachry, who is an enemy of all workers and an eager victimizer of injured workers. I further call for the removal of all commission members with corporate ties - a clear majority at this point. Additionally I call on the voters of the state of California to act in their own interest by voting against the
Democratic and Republican officials who have aided and abetted the corporate schemers, including Governor Arnold Schwarzenegger, and outgoing State Insurance Commissioner John Garamendi and Attorney General Bill Lockyer, who are running for other offices in 2006.

Insurers and corporations involved in illegally denying care to injured workers should face criminal penalties for harm caused to those workers. California needs to abolish the privatized Workers' Compensation System, and establish a single statewide system with decent care and stable rates, cutting the profiteers out of any share in the money.

Kevin Akin
kevinakin1950 [at] hotmail.com

Other resources: http://www.workersmemorialday.com, http://www.ciaw.org and http://www.barbclark.org




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Comments (Hide Comments)
by Me, Myself and I
Kevin, I'm not sure what qualifies you to discredit the laundry list of people you named in your article. I would be surprised if you were acctually involved in the insurance buisness. So I must assume that you have had some sort of experience with insurnace and workers compensation. I am an insurance agent in centeral california, have a little bit of experince, and I don't belive I'm qualified to throw the acusations you dispense.

I read your mission statements, one in particular stood out to me:

"To encourage a world where globalization is not about homogeneity and exploitation, but rather, about diversity and cooperation."

I could not agree more, Globalizations is not about exploitation and homogeneity, but you can't lose site of the rest of the statement, you can't just be about one half of the statement.
How does a monopolistic workers comp program fit in to your diversity are you against a capitalistic Market? I'm not, I see in other state Works comp. fraud and level of care is still an issue. Another question: Is telling your readers to work against the government is that what you mean by " encouraging...cooperation "?

I just can't belive what I read here, I experience the fraud everyday, I see the changes as they happen. No, I don't belive the system is worth a crap, but it's what we have, and change comes in small bits. If all I had to drive to work was a 1979 Ford Pinto, I might not be as comfortable as my neighbor driving a Lexus, But I would be happy I didn't have to walk. In your rants on whats wrong remember, it could be worse, we could live in a system where we did not even have the voice to write such as we do. Encourage the changes that have been made, maybe even venture past your one sided view and try to understand how the fraud in small buisness owners drive up the cost, and delays the care for everyone.

I expect this post to fall to ridicule, but I don't mind I will never visit this site again in my life.
Anybody who does not believe the recent workers compensation reforms were necessary must be unfamiliar with the state of the pre-reform work comp system. Attorneys are a notorious bunch, and for good reason. A fairly large group of applicant attorneys twisted and exploited the workers comp system for their personal benefit. A notorious group of doctors also horribly scammed the system by egregiously inflating permanent disability ratings, continuing temporary disability status for artificially long periods of time, continuing treatment for longer than is reasonable, etc etc. The attorneys and doctors have had unspoken quid pro quo agreements that have benefited both at the expense of the insurance companies, California employers and, yes, even injured workers.

Further, among many doctors who may or may not have specialized in work comp, there were attitudes that seemed to believe giving an 'injured' worker disability authorization is as easy as asking who the person's employer is and when they want to go back to work. Worker's compensation is set up to be a no-fault system, however it is employers exclusively that bear the direct financial burden of an inefficient and exploited system. The State Disability Insurance program is even worse, with very little oversight or investigation of what qualifies as a legitimate disability.

Oversight of all sides of an adversarial system such as this is absolutely necessary. Like Mr. Akin, I tend to be distrustful of corporate interests, and I think with good reason, however it rarely serves our social interest to be overly simplistic when debating issues of social import. The question now is not whether or not the reforms were necessary, but whether or not the legislature over-shot the mark in reforming the system; ney, not whether or not they did, but specifically where they may have and the factors supporting why or why not.

Permanent disability may be one of the areas where the reforms may have overshot the mark. Again, though, permanent disability is what determines how much the applicant attorneys make (regardless of the work they put in) and they were 'encouraging' the doctors (whether explicitly or implicitly) to give high disability ratings. The data suggests, however, that permanent disability ratings have dropped by over half. I do not automatically believe that the reduction in PD awards is evidence of impropriety or unfairness, but I acknowledge the appropriateness of investigating the issue.

One area I do believe that carriers are asleep at the wheel is in investigating (and prosecuting) fraud. If the insurance companies have a choice about making significant financial (and human) investments in fighting fraud, or just passing along the cost through their premium rates, it seems likely that they will forego the investment in fighting fraud as all that does is increase their operating expenses. That, however, serves their own interests rather than the interests of their individual policyholders, and represents a violation of their fiduciary duty to the policyholder.

So investigate, research, but be scientific, not emotional or simplistic.
by BERNARD BERRY
I HAVE BEEN IN THE SAFETY MANAGEMENT FIELD FOR OVER 20 YEARS . I HAVE SEEN ALL TYPES OF FRAUDS, BUT I MUST SAY IN FAIRNESS TO THE INJURIED PERSONS , MANY TIME THE EMPLOYER IS THE MAJOR CAUSE, WHEN THEY FAIL TO CORRECT THESE SMALL PROBLEMS THAT ARE BROUGHT TO THEIR ATTENTION. WHEN WE FAIL TO IGNORE THE WARNING SIGNS IT CAN BE VERY COSTLY. STOP! LOOK! SAVE!
by Beverly Schenck
In January I was forced to attend a hearing with Safeway's attorney and my attorney. Safeway wanted me to settle my two medical awards for thirty thousand dollars. I refused the money. I need surgery on my lower back and right knee. My attorney felt I should settle, because I could loose everything if I go to court. The two attorneys and the judge wanted me to settle and close my file, while informing me that medicare would pay for my sugeries. I don't want the taxpayer to be responsible for my surgeries while Safeway continues to profit off the community.
I met Mr. Zachary in 2006 at a fraud commission meeting in Sacramento. I told him for the past year that Safeway has refused to pay my doctors bill and my medications. He wrote my information all down and I didn't hear anything more from him. William Zachary should be removed from the fraud commission board. He is not and never will be for an injuried worker. On March 1, 2007 I will be in Sacramento to ask Mr. Zachary,why medicare should pay for my surgeries? Sincerely Beverly Schenck
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