BILL ANALYSIS
AB 586
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Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 586 (Huber) - As Amended: May 7, 2009
Policy Committee: Insurance
Vote:7-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill expands workers' compensation presumptions for cancer,
hernia, pneumonia, heart trouble, tuberculosis, blood-borne
infectious diseases, meningitis, and methicillin-resistant
Staphylococus aureus skin infection (MRSA, staph infections) to
include UC and CSU peace officers, and modifies several Labor
Code references to ensure compensability is driven by
professional classification, rather than employer designation.
FISCAL EFFECT
Cumulative costs of millions of GF dollars, combined, to several
dozen CSU, UC, and UC medical center campuses to the extent this
bill increases future workers' compensation costs for the
payment of full hospital, surgical, medical treatment,
disability indemnity, and death benefits for numerous
presumptions regarding cardiovascular, cancer, and blood-borne
disease.
Most public agencies are self-insured for workers' compensation
claims, rather than paid through premiums. Payments are treated
in a pay as you go manner. Therefore, any increase in costs has
a direct impact on public funds.
COMMENTS
1)Rationale . This bill is sponsored by the Police Officers
Research Association of California (PORAC), which represents
rank and file peace officers. Under current law, a variety of
public safety officers derive a workers' compensation
presumption by employer, rather than by professional
AB 586
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classification. This bill ensures UC and CSU peace officers
have access to the same workers' compensation presumptions as
other peace officers and also modifies labor codes so the
classification of peace officer drives the presumption, not
the status of the employer.
2)Presumptions . California law provides that workers are
provided compensation benefits when an injury or illness
arises out of and in the course of employment. Current law
specifies that certain medical conditions suffered by public
safety officers (e.g., cancer, hernia, heart trouble,
pneumonia, tuberculosis, blood-borne infectious disease,
meningitis, and exposure to biochemical substances) are
presumed to have arisen in the course of employment. The
purpose of these statutory presumptions is to provide
additional compensation benefits to employees who provide
vital and hazardous services by easing their burden of proof
of industrial causation.
3)Related Legislation . AB 664 (Skinner), also being heard in
this committee today, establishes several workers'
compensation presumptions for more than 500,000 employees at
hospitals statewide.
AB 128 (Coto), pending on the Suspense File of this committee,
establishes a life-time workers' compensation cancer
presumption for public safety professionals (e.g.: fire
firefighters, police officers, highway patrol) with
substantial years of service credit.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081