BILL NUMBER: AB 2087 CHAPTERED 07/24/06 CHAPTER 115 FILED WITH SECRETARY OF STATE JULY 24, 2006 APPROVED BY GOVERNOR JULY 24, 2006 PASSED THE SENATE JUNE 29, 2006 PASSED THE ASSEMBLY MAY 18, 2006 AMENDED IN ASSEMBLY APRIL 17, 2006 AMENDED IN ASSEMBLY MARCH 23, 2006 INTRODUCED BY Assembly Member Benoit FEBRUARY 17, 2006 An act to amend Section 3702.2 of the Labor Code, relating to workers' compensation. LEGISLATIVE COUNSEL'S DIGEST AB 2087, Benoit Workers' compensation: claimant information. Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires that all employers secure incurred liabilities by making a deposit based upon estimated future liability for compensation, and provides that, in determining the amount of the deposit, the administrative director shall offset estimated future liabilities for the same claims covered by a self-insured plan under the Longshore and Harbor Workers' Compensation Act, as specified. Existing law requires that all self-insured employers file a self-insurer's annual report in a form prescribed by the administrative director. This bill would require the administrative director to additionally prepare an aggregated summary of all self-insured employers' liability to pay compensation reported on those self-insured employers' annual reports, including a separate summary for public and private employer self-insurers. The bill would require that the summaries be made available to the public on the self-insurance section of the Department of Industrial Relation's Internet Web site. The bill would also authorize the administrative director to release a copy, or make available an electronic version, of specified data, excluding certain individually identifiable claimant information, contained in any public sector employer's self-insurer's annual reports received from an individual public entity self-insurer or from a joint powers authority employer and its membership. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3702.2 of the Labor Code is amended to read: 3702.2. (a) All self-insured employers shall file a self-insurer' s annual report in a form prescribed by the director. (b) To enable the director to determine the amount of the security deposit required by subdivision (c) of Section 3701, the annual report of a self-insured employer who has self-insured both state and federal workers' compensation liability shall also set forth (1) the amount of all compensation liability incurred, paid-to-date, and estimated future liability under both this chapter and under the federal Longshore and Harbor Workers' Compensation Act (33 U.S.C. Sec. 901 et seq.), and (2) the identity and the amount of the security deposit securing the employer's liability under state and federal self-insured programs. (c) The director shall annually prepare an aggregated summary of all self-insured employer liability to pay compensation reported on the self-insurers' employers annual reports, including a separate summary for public and private employer self-insurers. The summaries shall be in the same format as the individual self-insured employers are required to report that liability on the employer self-insurer's annual report forms prescribed by the director. The aggregated summaries shall be made available to the public on the self-insurance section of the department's Internet Web site. Nothing in this subdivision shall authorize the director to release or make available information that is aggregated by industry or business type, that identifies individual self-insured filers, or that includes any individually identifiable claimant information. (d) The director may release a copy, or make available an electronic version, of the data contained in any public sector employer self-insurer's annual reports received from an individual public entity self-insurer or from a joint powers authority employer and its membership. However, the release of any annual report information by the director shall not include any portion of any listing of open indemnity claims that contains individually identifiable claimant information, or any portion of excess insurance coverage information that contains any individually identifiable claimant information.