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Friday, September 6, 2019

Amended Bill Would Allow 6-Month Transition to Implement ABC Test for Comp

  • By Dara Barney
  • State: California
  • Topic: Top
  • - Popular with: Legal
  • -  4 shares
California’s workers’ compensation community would have six months to come to grips with…

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James Witkop Sep 6, 2019 a 2:21 pm PDT

I don't like that the legislature set the exemptions. That means that special interests and campaign donations set the exemptions. That said, there should be the ability for "employers" to apply for an exemption before this law goes into effect. This rush change in law, which I personally do not believe is urgently necessary, is going to be very disruptive to business in California. California has become a very business-unfriendly climate and these types of of large-scale, quick changes will do nothing but cause more businesses to leave the state, as well as discourage others from starting their own businesses.

Dr. Robert Weinmann Sep 7, 2019 a 6:09 pm PDT

I also don't like it that legislators, their special interest cronies, and their affiliated campaign donations set the exemptions. The same goes for utilization reviewers (UR doctors) who are not required to be licensed in California and independent medical reviewers (IMRs) who also are allowed to be unlicensed by the State of California. Neither group has to adhere to the Duty of Care obligations that are required of treating doctors in California. -- Robert L. Weinmann, MD, San Jose

George Corson Sep 6, 2019 a 1:09 pm PDT

I represent Uninsured Employers in WC. My experience has been that Employers try to do what is right, while they try to stay in business. Some cut corners to keep the business open, rather than fire their Employees. Some truly believe that WC Insurance is not needed when their Truckers or Contractors are Licensed and use their own skills/tools/employees. We will never solve for the Businesses that delay paying WC Insurance to keep Employees. Those Companies will keep food on my table when the unfortunate occurs.

AB 5 should make the Contractor/Employee line a little brighter for all those Subcontractors/Delivery/Taxi workers that have been litigated on the issue in the past. Companies will cover more workers. Insurance costs will go up. Some unskilled people will lose jobs, when their Company cannot pay the higher rates. Your Uber ride and home remodel may double in cost, and California will become more expensive. In the end, the world will probably still turn.

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