BILL NUMBER: AB 1696	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY   Assembly Member Bill Berryhill

                        JANUARY 28, 2010

   An act to amend Section 4703.5 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1696, as amended, Bill Berryhill. Death benefits: payment
duration.
   Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, that generally requires employers to secure
the payment of workers' compensation for injuries incurred by their
employees that arise out of, and in the course of, employment.
Existing law provides certain methods for determining workers'
compensation benefits payable to a worker or his or her dependents
for purposes of temporary disability, permanent total disability,
permanent partial disability, and in the case of death. Existing law
provides that totally dependent minor children of the deceased worker
shall receive death benefits until the youngest child attains 18
years of age, or until the death of a child physically or mentally
incapacitated from earning, at a weekly rate of at least $224.
   This bill would extend death benefits until 19 years of age if the
child is still attending high school  and is receiving the
benefits as a child of certain public employees killed in the
performance of duty  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 4703.5 of the Labor Code is amended to read:
   4703.5.   (a)    In the case of one or more
totally dependent minor children, as defined in Section 3501, after
payment of the amount specified in Section 4702, and notwithstanding
the maximum limitations specified in Sections 4702 and 4703, payment
of death benefits shall continue until the youngest child attains 18
years of age  (19 years of age if the child is still
attending high school)  , or until the death of a child
physically or mentally incapacitated from earning, in the same manner
and amount as temporary total disability indemnity would have been
paid to the employee, except that no payment shall be made at a
weekly rate of less than two hundred twenty-four dollars ($224). 

   (b) Notwithstanding subdivision (a), the payment of death benefits
shall continue until the youngest child attains 19 years of age if
the child is still attending high school and is receiving the death
benefits as a child of a member of a sheriff's office, member of a
police or fire department of a city, county, city and county,
district, or other public or municipal corporation or political
subdivision, individual described in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, active
firefighting member of the Department of Forestry and Fire
Protection, or member of any county forestry or firefighting
department or unit killed in the performance of duty.