January 2004

CCA attempts to terminate crippling chiro proposals

Despite his well-known use of chiropractic, California Gov. Arnold Schwarzenegger has given his state legislature until March 1 to pass bills that would effectively take chiropractors out of the workers’ compensation loop. In his state-of-the state address, he told lawmakers that if they did not “deliver real workers’ comp reform to my desk by March 1,” he would place his proposals on the ballot in November.

According to Bill Howe, executive director of the California Chiropractic Association (CCA), two identical bills (one from the assembly and one from the senate) have been simultaneously introduced into an extraordinary legislative session. These proposals effectively would stop doctors of chiropractic from making disability determinations in workers’ comp cases and would actually increase workers’ comp costs.

“What the governor is really going after are the applicant attorneys and labor unions,” Howe told Chiropractic Economics. “The big gripe with employers is disability. They feel that the awards being made are way out of line, outrageous. They feel that some of the disability ratings are inconsistent with the severity of the injury. They want some objectivity [in ratings determination], some guidelines that are measurable.”

The bills contain provisions that would:

• Effectively prevent doctors of chiropractic from making determinations regarding disability under workers’ compensation;

• Allow employers to block patients from selecting their chiropractor as the treating physician in work-related injuries;

• Require objective rather than subjective findings for determining disability; and

• Decrease the amount of medical care that employers must provide by basing awards for medical treatment on necessity, rather than the “cure and relief” of injured workers.

Howe explained that California has a different standard of care than most other states. “The standard is ‘cure and relief.’ It is the employer’s obligation to cure the worker from his or her injury or to the extent possible or relieve it,” said Howe. “Relief may mean treatment for the rest of the worker’s life.”

Some people have been taken by surprise by the governor’s proposed workers’ comp reforms, said Howe. They assumed that because Schwarzenegger is a chiropractic patient, he would be a “friend” to chiropractic. “But if you listened to his campaign, he made it very clear that he was running in relevant part on cutting workers’ comp costs,” said Howe. “There was no mistaking that message.”

Howe said his organization is actively combating the proposed legislation. He said the CCA has been sending broadcast faxes and e-mails to members and nonmembers alike, urging them to write to select lawmakers and to the governor. The correspondence also encourages chiropractors to urge workers’ comp patients to write and meet with lawmakers. He said staff and members were meeting with state lawmakers, Schwarzenegger administration officials and other key officials. CCA is also working with other groups to form coalitions to fight the reforms.

Sources: Bill Howe, executive director, California Chiropractic Association, bhowe@calchiro.org; Los Angeles Times, www.latimes.com

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