BILL NUMBER: AB 663	CHAPTERED  10/13/01

	CHAPTER  846
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2001
	APPROVED BY GOVERNOR  OCTOBER 12, 2001
	PASSED THE SENATE  SEPTEMBER 12, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	AMENDED IN SENATE  AUGUST 31, 2001
	AMENDED IN SENATE  JULY 2, 2001
	AMENDED IN SENATE  JUNE 20, 2001
	AMENDED IN ASSEMBLY  MAY 31, 2001
	AMENDED IN ASSEMBLY  APRIL 24, 2001
	AMENDED IN ASSEMBLY  APRIL 16, 2001
	AMENDED IN ASSEMBLY  MARCH 26, 2001

INTRODUCED BY   Assembly Member Vargas
   (Coauthors:  Assembly Members Calderon, Chavez, Frommer, Kehoe, La
Suer, Strom-Martin, Washington, Wayne, and Zettel)
   (Coauthors:  Senators Alpert and Burton)

                        FEBRUARY 22, 2001

   An act to add Section 3212.11 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 663, Vargas.  Workers' compensation:  lifeguards.
   Existing law provides that an injury of an employee arising out of
and in the course of employment is generally compensable through the
workers' compensation system.  Existing law provides that, in the
case of certain law enforcement officers and firefighters, the term
"injury" includes heart trouble, hernia, pneumonia, and other
injuries and diseases.
   This bill would provide, with respect to active lifeguards
employed, for more than 3 consecutive months in a calendar year, by
certain local agencies and the Department of Parks and Recreation,
that the term "injury" includes skin cancer that develops or
manifests itself during the period of the lifeguard's employment.
   This bill would further create a rebuttable presumption that the
above injury arises out of and in the course of the lifeguard's
employment if it develops or manifests during the period of the
employment.


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


  SECTION 1.  Section 3212.11 is added to the Labor Code, to read:
   3212.11.  This section applies to both of the following:  (a)
active lifeguards employed by a city, county, city and county,
district, or other public or municipal corporation or political
subdivision, and (b) active state lifeguards employed by the
Department of Parks and Recreation.  The term "injury," as used in
this division, includes skin cancer that develops or manifests itself
during the period of the lifeguard's employment.  The compensation
awarded for that injury shall include full hospital, surgical, and
medical treatment, disability indemnity, and death benefits, as
provided by the provisions of this division.
   Skin cancer so developing or manifesting itself 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 shall find in
accordance with it.  This presumption shall be extended to a
lifeguard 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.
   Skin cancer so developing or manifesting itself in these cases
shall not be attributed to any disease existing prior to that
development or manifestation.
   This section shall only apply to lifeguards employed for more than
three consecutive months in a calendar year.