Labor’s Position on Legislation Clarified

On behalf of the California Labor Federation, AFL-CIO, I am writing to clarify the state AFL-CIO position on recent workers’ compensation legislation that was the subject of Harry Bernstein’s Labor column, “Little Compensation in Capitol Fight” (July 23).

Our workers’ compensation struggle before the state Legislature during the closing days of the recent budget crisis did not involve demands for increases in compensation benefits. It was centered on defeat of the massive take-aways proposed by the Wilson Administration and the employer-insurance community.

Fortunately, through fair negotiations with the sponsors, the destructive proposals were removed from the legislative agenda.

Those proposals included: proof that 50% of stress for which compensation is claimed be job-related (the existing requirement is 10%); give employers virtually total control in denying stress claims resulting from firings, disciplinary actions, demotions or job ratings, and deduct compensation benefits given during vocational rehabilitation treatment programs entirely from final awards on permanent partial disabilities.

Labor did agree to a change banning most stress claims made by workers during a de facto probationary period of six months. The six-month delay, from time of hiring, does not apply in cases of catastrophic or traumatic on-the-job occurrences. Stress claims filed within the first six months of employment average less than 1/2% of all claims filed.

Bernstein’s statement that “no workers made any gains” distorts the reality. Defensive victories against massive take-aways are essential to the survival of workers’ rights. We indeed enjoyed a great defensive victory.

JOHN F. HENNING

San Francisco

The writer is executive secretary-treasurer of the California Labor Federation