Despite accolades from labor and employer representatives,
Department of Industrial Relations Director John Duncan is being
held in the Senate Rules Committee until he answers some questions
about the status of the new permanent disability rating schedule.
Sen. Don Perata (D-Oakland), expressed frustration over the fact
that studies have been completed showing substantial cuts in
benefits, and yet there is still no PD Schedule.
During his confirmation hearing Duncan also fielded questions
about State Compensation Insurance Fund, heaping praise on new
president Janet Frank, the SCIF Board, and applauding the
legislative efforts to reform SCIF. But it was the PDRS that
garnered the most attention.
"I'm getting a little impatient. For awhile you feel like you're
being a team player then after awhile you feel like a chump. I'm
caught between one and the other right now heading toward
chumpdom," Perata told the committee.
Duncan told the committee that it's very important to look at
the PDRS and make changes as needed, but it's not as easy as one
might think.
"It's very important in that particular sense...to make sure
this is scientific. It's not easy to adjust certain numbers and
percentages. In fact, some of that was part of the problem that was
there in the first place," Duncan said, referring to the old
schedule.
"We have basically completed the study, and are developing the
final recommendations and we'll have a report very, very shortly.
And I mean very shortly," Duncan told the committee.
Perata wanted more specifics, expressing frustration that he's
not getting the information he needs for his constituents. A new
PDRS was promised last fall.
"I have to have more precision...When it's going to happen, what
is left to be done..., and what are the next steps to a point where
I can tell my constituents 'you know what?' We've now arrived at a
solution and beginning this day the payment schedule will be as
follows...I need from you answers to those questions because I've
been getting kind of hosed," Perata told Duncan.
Duncan was also asked about State Compensation Insurance Fund.
The director of DIR is an ex officio member of the State Fund
Board.
Duncan said this board was very "passionate about doing the
right thing" and being open and transparent. He said DIR is
supportive of the legislative proposals including increasing the
size of the board.
"Janet Frank is just a spectacular president, comes from the
outside. She's very dynamic. I think she needs a management team
from [the aspect] of exempt positions," Duncan said.
Sen. Robert Dutton (R-Rancho Cucamonga) relayed that he'd heard
State Fund paid almost $20 million in penalties in 2007 for
repeatedly delaying and denying medical care. He wondered if the
timeliness is improving.
"It definitely will improve and has to improve, and it's one of
the very specific issues that Janet has committed to at the board
level," Duncan informed the committee.
Perata decided he wanted to hold the confirmation in committee
until Duncan answers his PDRS questions. "I'd like you to think
about and call my office...and tell me how long you think it will
be to give me a report on the questions I asked...If you can't get
an answer, that's okay too. That'll tell me a lot."
"I get your message loud and clear and you'll hear from me,"
Duncan said.
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