Despite Nevada Governor Gibbon's veto of a bill to allow the use of Collectively Bargained Workers Compensation (CBWC) Programs, labor and management representatives rallied to lobby a two-thirds vote, overriding the Governor's veto on May 31, 2009. The new legislation takes effect on July 1, 2009.
In 2008, Joe Standley, IMPACT Labor Co-Chair, and Dave McEuen, Management Co-Chair for IMPACT Region IX, commissioned the IMPACT Western Regional Director, Steve Rank, to pursue CBWC legislation in Nevada. In California, an existing CBWC program provides injured workers enhanced benefits. IMPACT submitted draft language for the Nevada bill. Several published reports from insurance carriers, results from the existing California CBWC Program, and the "IMPACT Lobbying Guide to Workers Compensation Reform," provided key information to Nevada legislators on the crucial components of "collectively bargained workers compensation programs."
Danny Thompson, Executive Secretary of the Nevada State AFL-CIO, worked closely with IMPACT and representatives of Ironworkers Local Union 118 Reno Nevada, Ironworkers Local Union 416 Las Vegas, Nevada, and Ironworkers Local Union 433 Las Vegas, Nevada. By providing testimony and lobbying the Nevada legislature, representatives of these locals were instrumental in the passage of this legislation. Michael Newington, Executive Director of the Western Steel Council (WSC), spearheaded a letter writing campaign from employers to legislators throughout Nevada and California urging their support for this bill. The WSC rallied support letters outlining the benefits of this legislation to both contractors and injured workers.
Insurance carrier representatives assisted IMPACT by providing supporting testimony before the Nevada Senate. SeaBright Insurance Company, Old Republic Construction Program Group, and Ullico Casualty Company provided compelling statistics regarding the benefits of "collectively bargained workers compensation programs."
Highlights of Legislation
- Cannot diminish any benefits or reduce any entitlements to injured workers for compensation.
- Allows for voluntary use by industries or groups subject to collective bargaining agreements.
- Provides a process for alternative dispute resolution between employees and employers or their insurers
- Establishes an exclusive list of medical treatment providers.
- Uses a specified list of medical evaluators as the exclusive source of all medical evaluations.
- Establishes of a joint labor-management safety committee to improve safety performance.
- Establishes light-duty programs and employment imposed by a physician or chiropractor.
- Establishes a program for vocational rehabilitation utilizing and exclusive list of providers.
IMPACT, in conjunction with the Western Steel Council (WSC), will sponsor a series of labor-management meetings throughout Nevada to provide information on this legislation and unveil our efforts to initiate a program for signatory employers.
To obtain a complete copy of this legislation, contact Steve Rank in the IMPACT Western Region office at (916) 784-9144.