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I'd like to hear numbers proposed for the cost per scene to insure and what type of costs would be involved with the health benefits if the "independent contractor" category is abolished.
I already have a broker ready to go and step into the industry and its $21.15 for work comp for a b/g scene.
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I think the effect on the "porn" industry would be minimal
No it wouldnt. Most companies dont carry it and it would cause quite a few problems for the smaller companies. Without work comp the state can actually shut down a company and impose fines until it secures insurance. It can also be considered a felony to shoot without insurance.
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There are strip clubs in almost every city in California with TENS of thousands of dancers.
Dancers are somewhat different than porn performers, but you are correct that the ruling could be a basis for the same finding for a dancer injured at a club.
I actually just got a call for a girl that dislocated a shoulder on set today. She does in fact have a work comp claim. The company, a larger one, probably does carry comp though so she should be okay.
BTW - I know Judge Sussman, she's young, liberal and I would not be surprised by a finding that Brooke Ashley was an employee. The WCAB is very employee friendly. Elliot Berkowitz is also one of the most aggressive injured worker attorney's in the biz.
Michael