ARE SOME LABOR UNIONS ENCOURAGING "CARVE OUTS"?
SB 863 has a built-in surprise for labor unions: it has a provision that will enable "carve outs. " A "carve out" is known technically as an Alternative Dispute Resolution (ADR). The assertion by LatinoComp and others is that Labor Code Section 3201.7(c)(4) is being expanded by SB 863 to include all employees of the State of California.
The claim is that pages 39 to 41 of SB 863 expand this little discussed legal provision so that it may now be applied to all state employees. Legal history and precedent is Miller v. Cupertino Electric, Zenith Ins., 2012, Cal. Wrk. Comp. P.D. Lexus 90.
Take a look. What's your opinion? Have compliant unions given away too much in the effort to reform workers' compensation?
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Politics of health care with emphasis on California legislation including workers compensation and utilization review and federal legislation in Washington, DC
CA Workers Comp System and The State of Injured Workers: Interview with Dr. Robert Weinmann
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- Robert Weinmann
- San Jose, California, United States
- Writing in Neurology Today, Vol. 3 (8), August 2003, Dawn Antoline writes "Robert L. Weinmann, MD, has never been one to shy away from controversy. Whether he is writing muckraking editorials about HMOs that deny physician claims or ... billing practices ... he has committed himself to a life of activism. At the heart of his advocacy is a passionate regard for his patients -- and the ability of physicians to provide unfettered optimal care."
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