BILL NUMBER: AB 338	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 10, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2007
	AMENDED IN SENATE  SEPTEMBER 6, 2007
	AMENDED IN SENATE  JULY 17, 2007
	AMENDED IN ASSEMBLY  JUNE 6, 2007
	AMENDED IN ASSEMBLY  MARCH 29, 2007

INTRODUCED BY   Assembly Member Coto
   (Principal coauthor: Assembly Member Benoit)

                        FEBRUARY 14, 2007

   An act to amend Section 4656 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 338, Coto. Workers' compensation: temporary disability
payments.
    Existing workers' compensation law generally requires employers
to secure the payment of workers' compensation, including medical
treatment, for injuries incurred by their employees that arise out
of, or in the course of, employment. Existing law prohibits aggregate
disability payments for a single injury occurring on or after April
19, 2004, causing temporary disability from extending for more than
104 compensable weeks within a period of 2 years from the date of
commencement of temporary disability payment, except if an employee
suffers from certain injuries or conditions.
   This bill would, for a single injury occurring on or after January
1, 2008, increase to 5 years from the date of injury, the period of
time during which an employee can receive aggregate disability
payments.


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

  SECTION 1.  Section 4656 of the Labor Code is amended to read:
   4656.  (a) Aggregate disability payments for a single injury
occurring prior to January 1, 1979, causing temporary disability
shall not extend for more than 240 compensable weeks within a period
of five years from the date of the injury.
   (b) Aggregate disability payments for a single injury occurring on
or after January 1, 1979, and prior to April 19, 2004, causing
temporary partial disability shall not extend for more than 240
compensable weeks within a period of five years from the date of the
injury.
   (c) (1) Aggregate disability payments for a single injury
occurring on or after April 19, 2004, causing temporary disability
shall not extend for more than 104 compensable weeks within a period
of two years from the date of commencement of temporary disability
payment.
   (2) Aggregate disability payments for a single injury occurring on
or after January 1, 2008, causing temporary disability shall not
extend for more than 104 compensable weeks within a period of five
years from the date of injury.
   (3) Notwithstanding paragraphs (1) and (2), for an employee who
suffers from the following injuries or conditions, aggregate
disability payments for a single injury occurring on or after April
19, 2004, causing temporary disability shall not extend for more than
240 compensable weeks within a period of five years from the date of
the injury:
   (A) Acute and chronic hepatitis B.
   (B) Acute and chronic hepatitis C.
   (C) Amputations.
   (D) Severe burns.
   (E) Human immunodeficiency virus (HIV).
   (F) High-velocity eye injuries.
   (G) Chemical burns to the eyes.
   (H) Pulmonary fibrosis.
   (I) Chronic lung disease.