COMP BACK TO WORK

The idea 12 years ago behind a new Workers’ Compensation Board was that four representatives of labor and four of management would work together to agree on policy and appoint hearing officers. Because the system was so important, the usually opposing sides would be forced to reach consensus, the thinking at the time went.

And now the thinking is gone. Though the board seemed to have worked together for several years it no longer does. As a result, Gov. John Baldacci examined recent years of deadlock on the board. He noted in a press announcement yesterday a large and rising number of cases awaiting mediation – 854 as of last year, with a substantial number of those pending for more than 60 days and the number of months to reach a formal decision in a hearing rising to nearly nine months. Both sides were aware the board has not operated efficiently, but neither seemed able to find a solution without an overhaul.

Under the governor’s proposal, supported by both the Maine AFL-CIO and the state Chamber of Commerce, the number of board members would be reduced from eight to seven, with the crucial seventh position going to neither labor nor business but to the executive director of the board, who would become a full voting member. He would, presumably, break ties and keep the system moving to provide compensation to injured workers.

Commissioner Buddy Murray of the Department of Professional and Financial Regulation points out that, with the comp system itself and Maine’s rates compared with other states fairly healthy, this is a good time for reforming the system. Certainly, if this proposal, LD 1909, is not approved, the Legislature would have to offer an acceptable alternative. The board’s inability to agree on appointments for hearing officers has resulted in other personnel being shifted to fulfill that role, creating backlogs elsewhere. The current situation cannot continue and the governor’s reasonable reform seems worth trying.

Because it is emergency legislation, change would begin soon if the bill is passed. The AFL-CIO and the chamber would each submit a dozen names this summer to fill three seats each, with all current board members replaced by next winter. Given the difficulties in the administration of the system, it would be better to move the process along even faster.

The governor deserves credit for taking on this issue with so much else – a supplemental budget, tax reform, mill closings, etc. – going on right now. The Legislature should strongly support reform and, absent a better idea, back Gov. Baldacci on LD 1909.