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Workers' Compensation Agreements: A Labor-Management Approach to Improving the System
By John A. Ferrone Esq.
The sweeping work comp changes in SB 899 now allow public safety to negotiate issues and even an alternative dispute system out of the work comp arena and put the issues in a labor-management agreement. Labor Code section 3201.7 provides the bargaining unit can essentially negotiate any issue and even create an alternative dispute system. Issues like medical evaluations and medical treatment can now be brought to the negotiation table. Public safety bargaining units can now take control of system fraught with delays, uncertainty, and protracted litigation. Careful mediation can carve out a system of benefits for the injured safety member that will restore balance. So long as the agreement does not provide less protection than the current system, the labor-management agreement will be recognized.
In response to the costs of 4850 benefits and the delays in medical treatment caused by Utilization Review, the City of Long Beach and the Long Beach Police Officer’s Association (POA) and the Long Beach Firefighter’s Association Local 372 began negotiating a workers’ compensation labor management agreement. The goal was simple. Expedite the resolution of the injured safety officer’s workers’ compensation claim. The City had numerous examples of safety officers burning 4850 and receiving little if any medical treatment. The disputes would drag on for months before getting resolved. The focus of the negotiations was to reduce delays, uncertainty and protracted litigation.
The parties petitioned for permission from the Administrative Director to negotiate a workers’ compensation labor-management agreement. In December of 2006, the Administrative Director granted permission. Subsequently, the City and the POA and the Firefighters began negotiating a workers’ compensation labor management agreement. After several months of negotiations, an agreement was drafted.
The agreement created a list of independent medical examiners (IMEs) covering the spectrum of medical specialties. The IMEs would be utilized on any disputed work comp issue, like medical treatment. Importantly, the IME examines the injured safety officer.
The process is as follows: If a dispute arises i.e. surgery, in public safety officer’s work comp claim, the officer would be referred to an IME who would evaluate the safety officer within 30 days and issue the report within 30 days. The goal of the agreement is to resolve the work comp dispute within 60 days. The current system pales in comparison.
Furthermore, the agreement was extended to retirees who had claimed a presumptive injury. Moreover, the agreement did not limit either a safety officer’s ability to litigate an issue before the WCAB or retain an attorney. The agreement is clearly an enhancement of the current system that is fraught with delays.
On October 9, 2007 the Long Beach City Council approved the worker’s compensation labor-management agreement between the City and the Long Beach Police Officer’s Association and the Long Beach Fire Fighter’s Association.
It is evident the Legislature and the Governor have done little to improve the current work comp system caused by the drastic changes in SB 899. Public safety can change the broken work comp system by negotiating a workers’ compensation labor-management agreement. Take back the system.
