State Supreme Court Rules in Favor of AWB in Gallo Case
The Washington Supreme Court released its long-anticipated decision in Gallo v. Department of Labor & Industries. It’s a big win for AWB, which filed a friend of the court brief in the case. This decision contained some of the damage the court brought to our state’s costly workers’ comp system when it handed down Cockle v. Department of Labor & Industries in 2001. Cockle held that time-loss benefits under workers’ comp include certain fringe benefits such as health and dental insurance. Although the court missed the opportunity to overturn Cockle, the court unanimously agreed with AWB that Cockle did not extend to the fringe benefits sought in Gallo. Analyzing each of the fringe benefits sought by the Gallo claimants, the court held that the fringe benefits do not rise to the level of affecting critical health and survival needs. This decision will save the workers' comp system more than $150 million per year in avoidance of additional cost. Contact AWB’s Kris Tefft at (360) 943-1600 or KrisT@awb.org.
Endangered Species Act Updated and Modernized
For the first time in more than a decade, the House of Representatives passed legislation to update and modernize the Endangered Species Act of 1973 (ESA). The new legislation fixes problems with the ESA by focusing on species recovery, providing incentives, increasing openness and accountability, strengthening scientific standards, creating bigger roles for state and local governments, protecting private property owners, and eliminating dysfunctional critical habitat designations. “After 30 years we finally have a common sense solution that will facilitate the relationship between protecting endangered species and using our natural resources and land,” commented U.S. Rep. Cathy McMorris, R-Spokane, who supported the bill. The legislation now moves to the U.S. Senate. Contact AWB’s Grant Nelson at (360) 943-1600 or GrantN@awb.org.
Tort Reform to Be Discussed on Washington Business Weekly
AWB’s Washington Business Weekly radio program will feature Jason Sykes from the Washington State Medical Association and Dr. John Vassall from Swedish Medical Center on Thursday to discuss Initiatives 330 and 336. Dan Pero, president of American Justice Partnership, will discuss the reasons meaningful tort reform is needed. The program airs 11 a.m.-12 noon, Thursday, on Tacoma’s KLAY 1180 AM. You may also listen at www.awb.org. Please let us know if you have suggestions for guests or topics. Contact AWB’s Lex Nepomuceno at (360) 943-1600 or AlexisN@awb.org.
L&I Schedules Public Hearings on 3.8 Percent Average Proposed Rate Increase for 2006
Public hearings on L&I’s proposed workers’ comp rate increase will begin 10 a.m. (Oct. 11, Airport Ramada Inn, Spokane; Oct. 13, Red Lion Hotel, Yakima; Oct. 18, 2401 Riverside Drive, Mt. Vernon; Oct. 20, Red Lion at the Quay, Vancouver; Oct. 24, L&I office, Tukwila; and Oct. 25, L&I headquarters, Tumwater). Contact AWB's Amber Carter at (360) 943-1600 or AmberC@awb.org.
Washington Research Council Releases Report on Effects of I-912 Gas Tax Repeal
The Washington Research Council has analyzed how I-912 (opposed by AWB) would negatively impact the state’s ability to complete important transportation projects. Read the entire report at http://researchcouncil.blogs.com/weblog/files/pb_200509.pdf.
Workers’ Comp Committee to Meet Oct. 12 – Focus on Gallo Decision
AWB’s Workers’ Compensation Committee will meet Oct. 12, 9 a.m.-12 noon, in Tacoma to review the outcome of the Gallo decision and to discuss where we go from here. AWB’s legislative package recently adopted by AWB’s Board of Directors asks the Legislature to go further than the court decision in Gallo by reversing the Cockle decision and restoring the definition of wage to exclude fringe benefits. We are also asking the Legislature to implement four-quarter averaging with a single flat rate of compensation to remove unnecessary delays from the system, prevent further litigation by clarifying changes of circumstance, and change the cost of living adjustment to a more appropriate inflator. Contact AWB's Amber Carter at (360) 943-1600 or AmberC@awb.org.
L&I Searching for Small Business Liaison
L&I is now recruiting a new staff member to act as a point of contact and advocate for small business. For more information, see www.lni.wa.gov/main/findajob/bulletins/WMS05005.asp.
Register for November Regional Board Meetings and Legislative Recognition Lunches
Please register for Regional Board of Director meetings and legislative recognition lunches. The meetings are Everett (Nov. 8), Bellevue (Nov. 9), Tacoma (Nov. 10), Vancouver (Nov. 15), Tri-Cities (Nov. 16) and Spokane (Nov. 17). Contact AWB’s Bonnie Millikan at (360) 943-1600 or BonnieM@awb.org.
Policy Summit Now on TVW
The Policy Summit is now airing on TVW. For TVW’s broadcast schedule, see www.tvw.org/index.cfm. You may also listen to the Summit at www.tvw.org/MediaPlayer/Archived/WME.cfm?EVNum=2005090058A&TYPE=A.
2005 Northwest Environmental Summit– A Great Event Not to Be Missed!
You won’t want to miss 2005’s Northwest Environmental Summit (Oct. 19-20, Tacoma Convention & Trade Center). To register, visit www.ecwashington.org. Contact AWB’s Alisha Boggs at (360) 943-1600 or AlishaB@awb.org.
16th Edition of Washington Employment Law Deskbook Available Oct. 14!
This is a key reference guide to legal issues facing Washington employers. The reference guide offers sample policies, solutions and easy to understand guidelines. Contact Alisha Boggs at (360) 943-1600 or AlishaB@awb.org to pre-order your copy.
I-912 Would Increase Costs and Congestion - See This Week’s President’s Perspective at www.awb.org.
