California Courts Debate Disabled Worker Benefits

By Brian Vargo

Published on July 25, 2005

On July 14, justices denied a hearing to VotersInjuredatWork.org, which is suing the state over new rules that could reduce benefits for permanently disabled workers. The justices said a lower court must rule on the issue first.

For the second time in almost a month, California justices have denied a hearing to injured worker advocacy groups. Last month, the justices rejected a similar lawsuit by the California Labor Federation. These groups contend a new formula to calculate benefits is illegal and could sharply reduce income for disabled workers.

Officials from the state Division of Workers' Compensation said that the new regulations follow the law. Also, they pointed out that the state gives people a forum to dispute their benefits -- the workers' compensation appeals board. So, if disabled workers don't receive enough money to live on, they can ask for more.

In June, the state launched these rules to make doctors more strictly evaluate an injured worker's level of permanent disability. Physicians are required to use this new formula for determining the potential loss of future earnings.

Comment on this article →