BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 223|
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UNFINISHED BUSINESS
Bill No: SB 223
Author: Margett (R)
Amended: 7/14/03
Vote: 21
SENATE LABOR & IND. RELATIONS COMMITTEE : 8-0, 4/23/03
AYES: Alarcon, Oller, Dunn, Figueroa, Kuehl, Margett,
McClintock, Romero
SENATE FLOOR : 40-0, 6/5/03 (Passed on Consent)
AYES: Aanestad, Ackerman, Alarcon, Alpert, Ashburn,
Battin, Bowen, Brulte, Burton, Cedillo, Chesbro, Denham,
Ducheny, Dunn, Escutia, Figueroa, Florez, Hollingsworth,
Johnson, Karnette, Knight, Kuehl, Machado, Margett,
McClintock, McPherson, Morrow, Murray, Oller, Ortiz,
Perata, Poochigian, Romero, Scott, Sher, Soto, Speier,
Torlakson, Vasconcellos, Vincent
ASSEMBLY FLOOR : Not available
SUBJECT : Workers' compensation
SOURCE : Author
DIGEST : This bill states the intent of the Legislature
to improve the workers compensation system by promoting the
efficient delivery of high quality appropriate medical
care.
Assembly amendments delete the prior version. As it left
the Senate, the bill provided that the
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generic-drug-dispensing requirement, currently imposed on
pharmacies, applies to any person or entity that dispenses
medicines to a worker for a workers' compensation related
injury, except under specified circumstances.
ANALYSIS : Workers' compensation, implemented in
California in 1913, is a no-fault system, entitling workers
to compensation for illness or injury arising out of and in
the course of work duties, regardless of the blame which
might otherwise be placed on the employer or the employee.
The workers' compensation system is premised on a bargain
between employers and employees: employees are supposed to
receive benefits for on-the-job injuries, and in return,
the benefits are the exclusive remedy for injured employees
against their employer, even when the employer negligently
caused the injury.
There are five basic types of workers' compensation
benefits available, depending on the nature and severity of
the worker's injury: (1) medical care; (2) temporary
disability benefits; (3) permanent disability; (4)
vocational rehabilitation services; and (5) death benefits.
This bill states that it is the intent of the Legislature
to improve the workers' compensation system by promoting
the efficient delivery of high quality appropriate medical
care.
Conference Committee :
While there is agreement among the parties that the system
is in need of repair, what remains subject for debate is
what the real systemic problems are and how best to address
them without diminishing the arguably meager benefits
injured workers receive in this state.
There are 20 workers' compensation measures, which have
passed out of their houses of origin this session. These
bills cover such complex and varied subject matter areas as
medical fee scheduling, utilization and insurance market
regulation.
With the agreement of Senate and Assembly Leadership, the
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Chairs of the Senate Labor and Industrial Relations
Committee and the Assembly Committee on Insurance, and the
authors of this session's workers' compensation
legislation, all workers' compensation bills will be
submitted to conference committee to ensure comprehensive
workers' compensation reform. To that end, all such
workers' compensation bills will be amended to reflect the
same intent language prior to submission to conference.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
NC:sl 7/18/03 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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