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Update on Worker's compensation in CA

 
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Dr Tenney
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Joined: 27 Aug 2003
Posts: 78
Location: Dana Point, CA

PostPosted: Sat Mar 13, 2010, 10:12 am    Post subject: Update on Worker's compensation in CA Reply with quote

A relief veterinarian forwarded me a hospital's memo: "Worker’s Compensation Insurance is a state mandated benefit that the hospital provides for its employees. In the past the hospital has covered this expense for Non-Employee DVMs who provide services here. Beginning January 1, 2010 all Non-Employee DVMs (Relief Doctors/1099 DVMs) are responsible for carrying their own Worker’s Compensation Insurance coverage or they may utilize our policy by reimbursing the hospital for the premiums (at the 3.5% rate of the relief veterinarians fee)."


The same relief veterinarian goes on to write that he/she does not carry a personal worker's comp policy, and does not intend to, because this is the only instance where this coverage has been an discussed.

I recently spoke to the AVMA PLIT’s office regarding worker's comp in CA. There have been some minor changes but essentially the same issues and catch 22s are in place. Here’s what I mean.

A relief veterinarian who is in business as a sole proprietor with no employees can now acquire a stand alone worker's comp insurance policy. The minimum policy is based on their gross income of $36,000 annually at a cost of $1200 per year. However the same murky rules for whether a relief veterinarian (with no employees) needs to carry worker's comp insurance have not changed.

A hospital is not required to carry worker's comp for relief veterinarians or any other independent contractor they may hire. However that does not prevent the insurance co. from insisting that a hospital carry such a policy for the relief veterinarians they hire. The hospital may contest this but most don't because they don't have a solid understanding of the independent contractor rules and guidelines. Hence they purchase the insurance. Couple that with the cost savings environment that hospitals are dealing with today and it is understandable why some might elect to deflect their cost onto the relief veterinarians.

There may be a work around for relief veterinarians though. Worker’s comp in CA may not be required for persons who are incorporated, that work for their corporation, and own a share of the corporation.
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