California Assembly Approves Bill To Help Breast Cancer Survivors Get Fair Workers’ CompensationBy Kenton Koszdin Law Office on February 9, 2018 | In Workers Compensation News
Legislation to make sure that women with work-related breast cancer aren’t shortchanged on Workers’ Compensation (WC) claims is one step closer to being enacted.
A KUSI Newsroom update reported that the bill, sponsored by State Assemblywoman Lorena Gonzalez Fletcher, intends to remedy current state WC practices that do not conform to guidelines established by the American Medical Association. These guidelines require that doctors evaluate injured workers for all impairments that result from breast cancer and its treatment.
But in reality, many medical evaluations do not adequately describe the lifelong disabling conditions that workers endure from breast cancer. Many injured workers are forced to go to court to correct the inaccurate and incomplete evaluations.
Specifically, this bill will help insure that the California WC system and the doctors’ use of the AMA guidelines work together as intended. The proposed legislation:
- Clarifies the AMA Guides criteria that medical evaluators should take into consideration when calculating permanent disability ratings for breast cancer case.
- Ensures that child-bearing age is not used as a factor when calculating permanent disability ratings.
Assemblywoman Gonzalez Fletcher called the current practices of many medical evaluators “gender discrimination” and objected that “women with job-related cancer have to jump through so many hoops” to get the WC benefits that they are owed.
The Assemblywoman stated that the bill will ensure that all breast cancer survivors – regardless of gender or age – undergo a complete and thorough medical evaluation in order to receive the compensation they rightly deserve.
After having been approved by an Assembly vote of 72-0, the bill is headed toward the Senate.
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If you or a loved one has been denied Worker’s Compensation or Social Security Disability (SSDI) benefits, it’s important to get an attorney experienced in these types of cases involved immediately. Call 800.438.7734 for your initial free consultation, either in our office or in the comfort of your own home. The Kenton Koszdin Law Office, Social Security attorney in Van Nuys, can help you navigate the application process for the best possible outcome for you and your family.