BILL NUMBER: SB 424	CHAPTERED  10/13/01

	CHAPTER  834
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2001
	APPROVED BY GOVERNOR  OCTOBER 12, 2001
	PASSED THE SENATE  SEPTEMBER 13, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	AMENDED IN ASSEMBLY  SEPTEMBER 5, 2001
	AMENDED IN ASSEMBLY  JUNE 27, 2001

INTRODUCED BY   Senator Burton

                        FEBRUARY 21, 2001

   An act to add Section 3213.2 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 424, Burton.  Workers' compensation.
   Under existing law, a person injured in the course of employment
is generally entitled to receive workers' compensation on account of
that injury.  Existing law provides that, in the case of certain law
enforcement personnel, the term "injury" includes various medical
conditions that are developed or manifested during a period while the
person is in that service, and establishes a disputable presumption
in this regard.
   This bill would provide that in the case of certain law
enforcement personnel, the term "injury" also includes a lower back
impairment that develops or manifests itself during a period while
the person is in that service.


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


  SECTION 1.  Section 3213.2 is added to the Labor Code, to read:
   3213.2.  (a) In the case of a member of a police department of a
city, county, or city and county, or a member of the sheriff's office
of a county, or a peace officer employed by the Department of the
California Highway Patrol, or a peace officer employed by the
University of California, who has been employed for at least five
years as a peace officer on a regular, full-time salary and has been
required to wear a duty belt as a condition of employment, the term
"injury," as used in this division, includes lower back impairments.
The compensation that is awarded for lower back impairments shall
include full hospital, surgical, medical treatment, disability
indemnity, and death benefits as provided by the provisions of this
division.
   (b) The lower back impairment so developing or manifesting itself
in the peace officer shall be presumed to arise out of and in the
course of the employment.  This presumption is disputable and may be
controverted by other evidence, but unless so controverted, the
appeals board is bound to find in accordance with it.  This
presumption shall be extended to a person following termination of
service for a period of three calendar months for each full year of
the requisite service, but not to exceed 60 months in any
circumstance, commencing with the last date actually worked in the
specified capacity.
   (c) For purposes of this section, "duty belt" means a belt used
for the purpose of holding a gun, handcuffs, baton, and other items
related to law enforcement.