• Proof of Injury: The initiative will require the employee to prove an injury occurred at work. It will require the employee to prove the injury by a preponderance of the evidence. It will also require that all workers’ compensation laws be interpreted in an impartial and balanced manner so that the employee and the employer will be considered equal before the law.
  • Apportionment of Permanent Disability: The initiative provides that injured employees receive permanent disability benefits from their employer only for the portion of disability caused as the direct result of the injury arising out of and occurring in the course of employment. Employers would not be liable for injuries or conditions that are not a direct result of the employment.
  • Treating Physicians: The initiative requires that treating physicians, whether pre-designated or selected thirty days after the injury occurs, be mutually agreed upon by the employer and the employee.
  • Qualified Medical Evaluators: The initiative will require that the selected Qualified Medical Evaluator’s specialty is relevant to the type of injury for which the evaluation is sought. Evaluators will be required to support their opinions using objective findings.
  • Medical Treatment Dispute Resolution: Disputes regarding the denial, modification, delay or approval of medical treatment would be decided by medical professionals.
  • Standardized Treatment Guidelines: The diagnosis and treatment of industrial injuries will be governed by guidelines established by the American College of Occupational and Environmental Medicine. Those guidelines are based upon the best available scientific evidence. This will require evidence based opinions by doctors and it will remove speculation and conjecture as the basis for an opinion.
  • Benefits for Convicted Criminals: Inmates will no longer be permitted to make a claim for disability benefits for injuries that occur while they are in custody.
  • Workers Rights: Permanent disability benefits will be increased for the most seriously injured employees.