Sacramento, CA (PRWEB) February 27, 2006
The battle lines are seemingly being drawn between the insurance industry lobbyists and those representing tort litigators over the proposed Workers’ Empowerment Act, also known as Circulating Initiatives 1199, 1200, & 1201. Caught in the middle are handicapped injured workers according to Sam Gold, an injured worker advocate.
“Industry lobbyists have already promised an acrimonious fight against the proposal that would allow, amongst other things, for injured workers to sue their employers in state tort claims, rather than at the Workers Compensation Appeals Board,” cited Gold.
According to Gold employers and business groups, like the California Chamber of Commerce, have formed a coalition to oppose the potential initiative; “Californians Against the Job-Killer Initiative.”
“The proposition seems to overly benefit tort litigators, only injured workers indirectly,” cited Sam Gold, the host of Injured on the Job, a bi-monthly public affairs broadcast in California.
“Jury verdicts are certainly an effective deterrent against tortuous employers, but what happened to the role of state government oversight and regulatory governance.” inquired Gold.
“My favorite example, look at nurse Barbara Clark who has had an on-going civil state court lawsuit against her ex-employer for over five years,” cited Gold. Gold was referring to Clark v. San Joaquin Community Hospital in Kern County Superior Court (Case No. S-1500-CV-0000245966).
“It is her other lawsuit against the claims adjustor, defense attorney and state officials in federal court that has seemed to be effective recently. Therefore, I think litigation should be directed at state officials and the claims adjustors they test, supervise and license.” reported Gold. Clark has a federal lawsuit in Sacramento U.S. District Court (Case no. Case No.: NO. 2:05-CV-2410-FCD-KLM).
“I intend to do some investigative journalism and create a report for the Injured on the Job broadcast. Stay tuned.” promised Gold.
For more information visit Sam Gold’s web site at http://www.ciaw.org
Other information is available at http://www.barbclark.org and
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