March 12, 2009

Job-killing bill passes in midnight run
House Bill 1402 doesn't see the light of day, passes House while citizens are asleep

In a blatant attempt to circumvent public discourse on a controversial measure usurping employer rights in industrial insurance appeals, House Bill 1402 was brought up for a House vote at midnight March 12.

"What's fair about passing a job-killing bill at midnight, when people are sleeping and cannot hear the debate?" asked Rep. Cary Condotta, ranking Republican on the House Commerce and Labor Committee. "It is clear why this bill was brought out in the middle of the night - it's so bad, supporters didn't want it seen in the light of day."

House Bill 1402, pushed by state labor unions and trial lawyers, would create a partnership with an injured worker, who has an appeal before the Board of Industrial Insurance Appeals, a judge and trial lawyers. The measure also places limits on the contact that claimants and their representatives may have with the medical providers who have examined the claimant at the request of the employer. In most cases under this measure, the contact could only be made through written authorization.

The measure would also limit the employers from pursuing effective and timely claims resolution, which increases costs and delays benefits to those who may be in dire need of the settlement.

Currently, employers work directly with the state Department of Labor and Industries, the claimants' representation and his or her treatment provider during the appeal process resulting from a workplace injury.

"The system is already weighted to benefit the employee, while this bill skews the process more toward litigation and lengthens the time it takes for claimants to reach a settlement," said Condotta, R-East Wenatchee. "The bill's fiscal note even points out the increase in litigation costs."

The bill's fiscal note states: "The Attorney General’s Office (AGO) estimates a workload impact of 0.8 [for] Assistant Attorney General (AAG) and directs at a cost of $478,372 in Fiscal Year (FY) 2010 and each FY thereafter. The increase in staffing is due to increased workload by AAG staff contacting doctors and taking depositions. We estimate direct costs for litigation at $302,250 in FY 2010 and in each FY thereafter, which are included in this cost."

"At a time when the state is losing jobs, this bill is unfair, costly and places additional financial and legal burdens on employers. I wonder when the assault on employers will stop - apparently, not even at midnight," said Condotta.

House Bill 1402 passed the House and now heads to the Senate for consideration.

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