BILL NUMBER: AB 1982	CHAPTERED  07/15/02

	CHAPTER  189
	FILED WITH SECRETARY OF STATE  JULY 15, 2002
	APPROVED BY GOVERNOR  JULY 15, 2002
	PASSED THE SENATE  JUNE 28, 2002
	PASSED THE ASSEMBLY  MAY 16, 2002
	AMENDED IN ASSEMBLY  MAY 6, 2002
	AMENDED IN ASSEMBLY  APRIL 29, 2002

INTRODUCED BY   Assembly Members Bogh and Rod Pacheco
   (Coauthors: Assembly Members Correa and Matthews)

                        FEBRUARY 14, 2002

   An act to add Section 4850.4 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1982, Bogh.  Workers' compensation:  advanced disability
pension benefits.
   Existing workers' compensation law permits a city, county, special
district, or harbor district that is a member of the Public
Employees' Retirement System, is subject to the County Employees
Retirement Law of 1937, or is subject to the Los Angeles City
Employees' Retirement Systems, to make advanced disability pension
payments to any local safety officer who meets certain criteria and
is approved for a disability allowance.
   This bill would require these entities to make these advanced
disability pension payments commencing no later than 30 days from the
date of issuance of the employee's last regular payment for wages or
salary, payment for specified benefits, or payment for sick leave,
unless certain conditions exist.  It would impose the above
requirement only if an employee meets specified conditions.
   This bill would require these advanced disability pension payments
to continue until the claimant is approved or disapproved for a
disability allowance pursuant to final adjudication as provided by
law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4850.4 is added to the Labor Code, to read:
   4850.4.  (a) A city, county, special district, or harbor district
that is a member of the Public Employees' Retirement System, is
subject to the County Employees Retirement Law of 1937, or is subject
to the Los Angeles City Employees' Retirement Systems, shall make
advanced disability pension payments in accordance with Section
4850.3 unless any of the following is applicable:
   (1) After an examination of the employee by a physician, the
physician determines that there is no discernable injury to, or
illness of, the employee.
   (2) The employee was incontrovertibly outside the course of his or
her employment duties when the injury  occurred.
   (3) There is proof of fraud associated with the filing of the
employee's claim.
   (b) Any employer described in subdivision (a) who is required to
make advanced disability pension payments, shall make the payments
commencing no later than 30 days from the date of issuance of the
last disbursed of the following:
   (1) The employee's last regular payment of wages or salary.
   (2) The employee's last payment of benefits under Section 4850.
   (3) The employee's last payment for sick leave.
   (c) The advanced disability payments shall continue until the
claimant is approved or disapproved for a disability allowance
pursuant to final adjudication as provided by law.
   (d) An employer described in subdivision (a) shall be required to
make advanced disability pension payments only if the employee does
all of the following:
   (1) Files an application for disability retirement at least 60
days prior to the payment of benefits pursuant to subdivision (a).
   (2) Fully cooperates in providing the employer with medical
information and in attending all statutorily required medical
examinations and evaluations set by the employer.
   (3) Fully cooperates with the evaluation process established by
the retirement plan.
   (e) The 30-day period for the commencement of payments pursuant to
subdivision (b) shall be tolled by whatever period of time is
directly related to the employee's failure to comply with the
provisions of subdivision (d).