Legislation imposing sweeping reforms on the California workers'compensation system was passed by the state legislature late Fridayand sent to Gov. Jerry Brown for signature.

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The bill is S.B. 863.

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Insurance industry officials had voiced concern with the legislation, pointing to an analysisthat cast doubt on the cost-savings components of thelegislation.

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Nicole Mahrt Ganley, public affairs director for the Associationof California Insurance Companies, says the critical issue “ismanaging the expectations of the projected savings.”

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Citing reforms on the system made in 1992 and 2004, “most of thetime the results are different than expected,” Ganley says.

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Marjorie Berte, western region vice president for the AmericanInsurance Association, said that while the bill contains beneficialreform components that address many well-documented cost-drivers,“its projected savings are minimal.”

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One of the factors driving the bill was the unintendedconsequences of 2004 reforms pushed in 2004 by then-Gov. ArnoldSchwarzenegger that unexpectedly reduced benefits for permanentlyinjured workers.

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In general, the new bill seeks to increase benefits to workers,especially those on long-term disability, by 30 percent. It paysfor this by imposing certain reforms, including changing howbenefits are calculated for injured workers, creating a bindingarbitration process to resolve coverage disputes and eliminatingcoverage for conditions that most commonly lead to lawsuits.

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It also seeks to reform the unique “lien system” in theCalifornia system that allows medical providers to seek additionalpayments when they feel short-changed for services by imposing afiling fee.

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Supporters projected that the original changes would increasebenefits to injured workers by $700 million, partly paying for itby imposing reforms that would save $400 million a year.

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Supporters said the legislation could reduce rates by as much as7 percent by slowing the upward climb of medical and legal costs inthe $16 billion system.

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However, a late compromise demanded by advocates for thepermanently disabled adds a $120 million pool to compensate injuredworkers for lost future earnings.

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This will be paid for through a special assessment on employersthat finances the system.

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At the same time, another compromise requires the Workers'Compensation Insurance Rating Bureau, which advises the state onworkers compensation fund costs, to rethink a 12.6 percent advisorypure premium rate increase it proposed to be effective inJanuary.

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The WCIRB agreed to begin work on that re-evaluation startingWednesday, and to hold a public hearing before making a finalrecommendation.

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In a statement issued after the Senate vote, Gov. Brown praisedthe bipartisan support for the legislation, saying it “helpsinjured workers and averts an imminent crisis of skyrocketingrates.”

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Berte of the AIA says that the WCIRB has projected the bill willprovide $880 million in savings but will add $610 million in 2014benefit increases.

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The estimated savings of $270 million on 2014 injuriesrepresents a decrease of just 1.4 percent in total system costs,she says.

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She adds that the AIA would have preferred the adoption oflegislation that contained additional cost-cutting measures thatwould result in greater savings.

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Correction: The name of the advisor to the statecompensation fund was originally incorrect and was corrected toWorkers' Compensation Insurance Rating Bureau.

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