CONTENTS Page CHRONOLOGICAL LIST OF WITNESSES WEDNESDAY, March 28, 1979 Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah LaFalce, Hon. John J., a Representative in Congress from the State of New Moshofsky, William J., vice president, governmental affairs, Georgia Pacific Co., representing the U.S. Chamber of Commerce, accompanied by Michael Romig, Director of Human Resources, U.S. Chamber of Commerce; and Eric Oxfeld, Associate Director, Employee Benefits, U.S. Chamber of Commerce.. Shapiro, A. Eugene, Ph. D., Association for the Advancement of Psychology, accompanied by Clarence J. Martin, counsel to the association; and George T. Welch, president, International Rehabilitation Associates, a panel.... Head, R. Pierce, vice president for personnel, Georgia Power Co., for the Edison Electric Institute; and William E. Gaskin, director of government relations, Melcher, Hon. John, a U.S. Senator from the State of Montana Grosfield, Norman H., administrator, division of workers' compensation, State Paster, Howard, legislative director, International Union of United Auto- mobile, Aerospace, and Agricultural Implement Workers of America, accom- panied by Dr. Frank Mirer, industrial hygienist Maisonpierre, Andre, vice president, Alliance of American Insurers; Robert W. Flockhart, American Insurance Association; and Howard Bunn, National Robbins, Dr. Anthony, director, National Institute for Occupational Safety and Health, Center for Disease Control, Department of Health, Education, and Welfare, accompanied by Dr. James Merchant, director, Respiratory Disease Studies, National Institute for Occupational Safety and Health Marshall, Hon. F. Ray, Secretary of Labor, accompanied by Donald Elisburg, Assistant Secretary of Labor for Employment Standards; Dail Phillips, Deputy Director, Office of Workers' Compensation Programs; and June Robinson, Associate Director for State Workers' Compensation Standards..... McBride, Lloyd, president, United Steelworkers of America; and Jacob Clay- Sandberg, E. A., president of the California State Fund, and chairman of the executive committee of the American Association of State Compensation Flockhart, Robert W., counsel, American Insurance Association, prepared 306 STATEMENTS-Continued Gaskin, William E., director of government relations, American Metal Stamping Association, prepared statement Page 187 Grosfield, Norman H., administrator, division of workers' compensation, State of Montana. 213 Prepared statement Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah 225 52 Head, R. Pierce, vice president for personnel, Georgia Power Co., for the Edison 153 Prepared statement 158 LaFalce, Hon. John J., a Representative in Congress from the State of New 54 Prepared statement 63 Maisonpierre, Andre, vice president, Alliance of American Insurers; Robert W. Prepared statement Marshall, Hon. F. Ray, Secretary of Labor, accompanied by Donald Elisburg, McBride, Lloyd, president, United Steelworkers of America; and Jacob Clay- 259 261 402 405 455 460 Melcher, Hon. John, a U.S. Senator from the State of Montana 212 75 79 National Association of Independent Insurers, Howard Bunn, vice president, workers' compensation, prepared statement 352 National Association of Home Builders, Vondal S. Gravlee, president, prepared statement 208 Paster, Howard, legislative director, International Union of United Automobile, Aerospace, and Agricultural Implement Workers of America, accompanied by Dr. Frank Mirer, industrial hygienist Robbins, Dr. Anthony, Director, National Institute for Occupational Safety and Sandberg, E. A., president of the California State Fund, and chairman of the Shapiro, A. Eugene, Ph. D., Association for the Advancement of Psychology, 380 384 626 114 118 Welch, George T., president, International Rehabilitation Associates, prepared statement 128 ADDITIONAL INFORMATION Articles, publications, et cetera: Competitive and exclusive State funds in the United States, from Best's 632 Dimensions of Workers' Compensation, from the United Steelworkers of 483 Types of workers' compensation systems in the United States, from Best's 631 629 Communications to: ADDITIONAL INFORMATION-Continued Clayman, Jacob, president, Industrial Union Department, AFL-CIO, from Page 591 Javits, Hon. Jacob K., a U.S. Senator from the State of New York, from T. 364 Jones, T. Lawrence, president, American Insurance Association, from Hon. 1979 Williams, Hon. Harrison A., Jr., Chairman, Committee on Labor and 367 Clayman, Jacob, president, Industrial Union Department, AFL-CIO, 592 Corbett, Ramond R., president, New York State AFL-CIO, Albany, 256 Fitzsimmons, Frank E., general president, International Brotherhood 635 Selected tables: 244 Chances of being hurt, losing time and average time lost, selected industries, 1976 240 Current maximum weekly benefits and maximum incomes fully compensated, 1978.... 246 Effect of 150 percent cap on benefits on UAW big three workers in various 245 Relative importance of workers' compensation and sick leave for nonoffice and office employees, 1976 243 Selected occupational injury and illness rates, private sector, by industry, 1976...... 241 Social security disability and workers' compensation.. 249 242 Employee compensation per hour, by compensation item: 1976 International Association of Heat and Frost Insulators and Asbestos Work International Brotherhood of Electrical Workers, AFL-CIO 753 755 National Association of Furniture Manufacturers. 758 759 APPENDIX-Continued ADDITIONAL STATEMENTS FROM-Continued Page National Association of Home Builders 762 Alliance of Metalworking Industries Associated General Contractors of America, The.. National Conference of State Legislatures Florida Fruit & Vegetable Association National Cotton Council of America Oil, Chemical and Atomic Workers International Union National Association of Stevedores American Iron and Steel Institute 763 765 767 770 773 774 775 777 Excerpts of hearing held in Trenton submitted by New Jersey State 786 NATIONAL WORKERS' COMPENSATION STANDARDS ACT OF 1979 WEDNESDAY, MARCH 28, 1979 U.S. SENATE, COMMITTEE ON LABOR AND HUMAN RESOURCES, Washington, DC. The committee met, pursuant to notice, at 9:41 a.m., in room 4232, Dirksen Senate Office Building, Senator Harrison A. Williams Jr. [chairman] presiding. Present: Senators Williams, Javits, Stafford, and Hatch. OPENING STATEMENT OF SENATOR WILLIAMS The CHAIRMAN. Good morning and welcome to this first day of hearings by the Committee on Labor and Human Resources on S. 420, the National Workers' Compensation Standards Act of 1979. With these hearings, we take a step toward fulfilling a promise which the Federal Government made to America's workers 9 years ago. The Occupational Safety and Health Act of 1970 established the National Commission on State Workmen's Compensation Laws. The Commission was charged with the responsibility of studying the compensation laws of the States to determine if they provide an adequate, prompt and equitable system of compensation for injury or death arising out of or in the course of employment. Implicit in the undertaking was the commitment to do what is necessary to insure that those laws are and remain adequate and humane. In truth, our Nation's promise to our workers goes far beyond 1970. It goes back to the early years of the 20th century when the concept of workers' compensation was born in this country. It was a simple idea. In exchange for giving up their common law right to sue their employers for damages resulting from workplace injuries and death, workers were promised compensation. This compensation was calculated to fairly and adequately replace lost earnings capacity and insure adequate medical care. Unfortunately, workers' compensation awards in many States do not adequately replace lost earnings capacity, provide complete medical care, assure rehabilitation of injured workers, or restore disabled workers to the job. The deficiencies of the State worker's compensation laws were well noted by the National Commission in its 1972 landmark report. The Commission made 84 recommendations for improvements of the State laws, 19 of which the Commission deemed to be essential if State laws were to adequately and fairly meet the needs of workers. |