BILL NUMBER: AB 1696	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2010
	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
  a  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  the youngest
child attains  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, 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)  (1)    Notwithstanding  the age
limitation in  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   an active 
member of a sheriff's office,  active  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 who is primarily engaged in
active law enforcement activities  , active firefighting member
of the Department of Forestry and Fire Protection, or  an active
 member of any county forestry or firefighting department or
unit killed in the performance of duty. 
   (2) Paragraph (1) shall not apply with respect to a child of a
person whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement or active
firefighting services, such as stenographers, telephone operators,
and other office workers. 
                        ____ CORRECTIONS  Text--Page 2.
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