TITLE
Recommendation to adopt resolutions approving the Memorandum of Understanding with the Long Beach Police Officers Association and Long Beach Firefighters Association, allowing for implementation of a workers’ compensation alternative dispute resolution process. (Citywide)
DISCUSSION
In April 2004, the Governor signed SB 899, the Workers' Compensation Reform Bill, into law. A key provision of SB 899 was the ability given to cities to enter into labor-management agreements for alternative dispute resolution of workers' compensation claims. Prior to SB 899, only the construction industry had the ability to develop labor-management agreements for alternative dispute resolution of workers' compensation claims. The City of Long Beach will be the first city to formally adopt a labor-management agreement under Labor Code Section 3201.7, taking an innovative approach to solve some of the issues affecting both the employees and the City in the current workers' compensation system.
The current workers' compensation claim resolution process, as supported by the State regulations, is filled with delays for both the City and employee. There are currently two pathways for a workers' compensation claim to be resolved under State regulations: non-litigated cases are resolved through a Qualified Medical Examiner (QME) and litigated cases may be resolved using an Agreed Medical Examiner (AME) or a QME. QME's are assigned by the State through a complicated process that allows the employee to choose from a State panel of physicians. The State randomly assigns this panel of physicians by specialty and consideration is not given to the proximity of the employee's home or work location. On average, it currently takes approximately three to five months from the time a QME is requested for the employee and the City to receive a report on the particular issues of the claim. This delay causes many claims to be denied pending receipt of the medical opinion. When a case is litigate...
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