On Sunday April 17, 2011 CLEAT Director of Public Affairs Charley Wilkison asked CLEAT Executive Board members and Local President's to flood the State Capital with calls to our State Representatives Monday morning, April 18, 2011, asking them to support an amendment to the Worker’s Comp Sunset Bill, HB 2605 by Larry Taylor R-Friendswood. Together with Locals from across the State, CLEAT was able to rally support in passing the amendment through the HOUSE benefiting First Responders seriously injured in the line of duty.
This is an example of how there is strength in numbers, remember that "United We Stand, Divided We Fall"!
1st Request from Charley:
We need each local president and regional board member to call all of their local state representatives in the morning, MONDAY, April, 18, 2011 and ask them to support an amendment to the Worker’s Comp Sunset Bill, HB 2605 by Larry Taylor R-Friendswood. The amendment will be offered on the floor by Rep. Joseph Deshotel D-Beaumont after the House of Representatives go in session sometime after 1 P.M. tomorrow. We will not have an amendment number until the amendment is laid out for discussion on the floor. It will be simply known as the Deshotel amendment to HB 2605.
As all of you know, we’ve had reports of serious issues with the worker’s comp system and the institutionalized unfairness to all workers, especially law enforcement personnel. We held an extra day of meetings regarding this issue during our biennial CLEAT Legislative Workshop in December, 2010 at the Stephen F. Austin Hotel. We heard horror stories of officers shot and injured in the line of duty who were systematically declined lifesaving and career saving medical treatment because of the unscrupulous doctors and scams operated by cities and others within the worker’s comp system.
Governor Perry, Speaker Strauss, Lt. Governor Dewhurst and Chairman Taylor are aware of the amendment and we are hopeful that it will be accepted by the author. However, in case it is sent to the floor for a record vote YOUR legislators should know that the amendment is CLEAT’s effort to help injured first responders, who are seriously injured in the line of duty, by expediting them through the worker’s comp system.
We have two bills already filed, one by Senator Bob Deuell R-Greenville, and one by Representative Joe Deshotel (mentioned above). The Worker’s Comp Sunset bill is guaranteed passage and we are attempting to amend with our language in case one of our worker’s comp bills get’s log jammed in the legislative process.
This is our Hail Mary attempt to gain legitimate coverage for all Texas first responders in the worst session of my career. Any help and assistance would be greatly appreciated.
Highest Regards,
Charley Wilkison
Director of Public Affairs
CLEAT
PS: We just got the amendment back from Legislative Council and it was filed by the 1pm deadline today (Sunday).
We have met with Rep. Taylor and his staff and asked that they accept the amendment. The amendment is the committee substitute we worked out on HB 1961 with the Texas Department of Insurance and the TML Risk Pool. Chairman Deshotel took their recommended changes after the hearing.
The bill/amendment would basically do the following:
1) Define responders as peace officers, fire fighters and EMS personnel.
2) Only apply to injuries sustained by first responders in the course and scope of duty.
3) Treat first responders differently when they file a worker’s compensation claim. First responder cases would be expedited through the process. This would force the administrators who deal with the paperwork to look at the case and process it first. By doing this we believe that routine denials will be avoided and if a claim or treatment recommendation is denied, it would ensure that the appeal is processed as rapidly as possible.
4) Allow the Insurance commissioner to extend the 104-week time limit currently in the law for a MMI rating (maximum medical improvement). This would allow a physician to request an extension of time based on medical evidence in severe cases only and on a case by case basis only.
2nd Response after getting the Amendment through the House:
Thanks for all the calls to legislators from members, local presidents and e-board.
The author of the bill, Rep. Larry Taylor R-Friendswood, opposed the CLEAT amendment and sought to defeat it with a motion to table. Most motions to table this session have passed by 100 or more. However, the CLEAT Amendment #12 by Rep. Deshotel narrowly passed by 13 votes.
Opponents became alarmed and asked the author to temporarily withdraw the amendment and change the language to insure that the injuries were serious and received in-the-line-of-duty. Rep. Deshotel re-wrote the amendment and it passed.
This is a terrible session and we only achieved our narrow victory because of our tenacious door to door lobbying and the calls from members.
TML and the Texas Department of Insurance are madder 'n hell and wondering what happened to their super majority :) We are now headed to the Texas Senate and one more step closer to reforming an unscrupulous worker's comp system.
Charley Wilkison
Director of Public Affairs
CLEAT
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