Switch back to WCC classic look

WorkCompCentral – Workers' Compensation Education, Courses, News and Information

Call or email us anytime
(805) 484-0333
Search Guide
Today is Sunday, December 17, 2017 -


Young: Go With the Flo?

  • State: California

We’re in one of those languid periods of California workers’ comp.

Julius Young

Julius Young

A final formulary isn’t done. Legislatively speaking, many of the bills bouncing around probably aren’t headed for the Labor Code. Those who would like to see worker-side reforms don’t have juice with this governor and administration. Rand studies on anti-fraud efforts and medical care reforms aren’t yet out. The effect of last year’s SB 1160 and AB 1244 reforms are still uncertain. Other rule-making is in the wings but not yet surfacing.

The list could go on.

Meanwhile, we have a media controversy on our hands.

Take the Progressive Insurance commercial that has been criticized by the California Applicants' Attorneys Association.

Progressive, mainly known for auto coverage, includes mention of workers’ comp in its ad. Spokesperson Flo is speaking to Jamie, her nerdy and insecure sidekick. She pulls things such as a car mirror out of her “Magic Apron” and hands it to a driver who has knocked off his side mirror. When a window is broken at a construction project she pulls a new window out of the Magic Apron.

An employee lies injured on the ground, looking up and saying, “Ow”.

But not to worry. Flo looks to the hapless Jamie, saying “Injured employee? Workers' comp helps pay for a replacement,” pulling a replacement worker out of her Magic Apron.

CAAA was incensed, and rightly so.

First, the focus is all on the business owner, not the fellow on the ground in pain. No one gives him the time of day.

Second, the ad totally misrepresents what workers’ comp is all about, and the role of the insurer. Since when does an insurer arrange for a replacement worker? The appropriate focus of workers’ comp is to be a delivery system for medical and income benefits to help the injured work return to work if possible. The ad totally misses that, including only some small print disclaimer about “lost wages and medical bills.”

Third, the ad struck me as having subtle racial overtones. I’m often a critic of political correctness and identity politics, but in this instance I couldn’t help notice that the injured employee appeared to be black and the replacement worker was white.

It’s just an ad, you say?

Maybe, but we live in a world where attention is short and misconceptions run high. Cynicism toward the workers’ comp system abounds. I don’t doubt that many viewers will think workers’ comp carriers can and should arrange for replacement workers.

And Flo has been a wildly popular advertising vehicle for Progressive. So this ad is not just an innocent fantasy.

CAAA has called on Insurance Commissioner Dave Jones to contact Progressive about the ad.

Julius Young is a claimants' attorney for the Boxer & Gerson law firm in Oakland. This column was reprinted with his permission from his blog, www.workerscompzone.com.

No Comments

Log in to post a comment


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.

Featured Video

Upcoming Events

  • Jan 6, 2018

    2018 Liens, Costs and Med-Lega

    New for 2018 - learn all pertinent laws, skills and tools for lien issues starting January 2018. …

  • Jan 20, 2018

    2018 MCLE Super Saturday

    Overview: This program provides the six hours of “Special Requirement” training, within the …

  • Jan 22-23, 2018

    2018 Florida Comp Update

    The 2018 Florida Comp Update at the Don CeSar Hotel in Pete Beach, FL, will provide two days of vi …

Workers' Compensation Events

Social Media Links

WorkCompCentral Workers' Compensation
News and Education
4081 Mission Oaks Blvd
Camarillo, CA 93012
(805) 484-0333