BILL NUMBER: AB 2253 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2010
PASSED THE ASSEMBLY JUNE 2, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
INTRODUCED BY Assembly Member Coto
(Principal coauthors: Assembly Members Jeffries and Solorio)
(Coauthors: Assembly Members Bill Berryhill, Tom Berryhill,
Blumenfield, Chesbro, Cook, Fletcher, Fuentes, Hagman, Lieu, Mendoza,
Nava, Portantino, Salas, and Villines)
(Coauthors: Senators Corbett, DeSaulnier, and Price)
FEBRUARY 18, 2010
An act to amend Section 3212.1 of the Labor Code, relating to
workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2253, Coto. Workers' compensation: cancer presumption.
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 an employer to provide, or pay for all reasonable costs of,
medical services necessary to care for or relieve work-related
injuries. Existing law further provides that in the case of active
firefighting members of certain state and local fire departments and
in the case of certain peace officers, a compensable injury includes
cancer that develops or manifests itself during the period when the
firefighter or peace officer demonstrates that he or she was exposed,
while in the service of the public agency, to a known carcinogen, as
defined, and the carcinogen is reasonably linked to the disabling
cancer. Existing law establishes a presumption that the cancer in
these cases is presumed to arise out of, and in the course of,
employment, unless the presumption is controverted by evidence that
the primary site of the cancer has been established and that the
carcinogen to which the member has demonstrated exposure is not
reasonably linked to the disabling cancer.
Existing law extends this presumption to a member following
termination of service for a period of 3 calendar months for each
full year of the requisite service, but not to exceed 60 months in
any circumstance, commencing with the last date actually worked in
the specified capacity.
This bill would provide that the above-described presumption shall
be extended to a member following termination of service for a
period of 3 calender months, but not to exceed 120 months in any
circumstance, commencing with the last date actually worked in the
specified capacity.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3212.1 of the Labor Code is amended to read:
3212.1. (a) This section applies to all of the following:
(1) Active firefighting members, whether volunteers, partly paid,
or fully paid, of all of the following fire departments:
(A) A fire department of a city, county, city and county,
district, or other public or municipal corporation or political
subdivision.
(B) A fire department of the University of California and the
California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
(2) Active firefighting members of a fire department that serves a
United States Department of Defense installation and who are
certified by the Department of Defense as meeting its standards for
firefighters.
(3) Peace officers, as defined in Section 830.1, subdivision (a)
of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of
the Penal Code, who are primarily engaged in active law enforcement
activities.
(4) (A) Fire and rescue services coordinators who work for the
Office of Emergency Services.
(B) For purposes of this paragraph, "fire and rescue services
coordinator" means a coordinator with any of the following job
classifications: coordinator, senior coordinator, or chief
coordinator.
(b) The term "injury," as used in this division, includes cancer,
including leukemia, that develops or manifests itself during a period
in which any member described in subdivision (a) is in the service
of the department or unit, if the member demonstrates that he or she
was exposed, while in the service of the department or unit, to a
known carcinogen as defined by the International Agency for Research
on Cancer, or as defined by the director.
(c) The compensation that is awarded for cancer shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.
(d) The cancer so developing or manifesting itself in these cases
shall be presumed to arise out of and in the course of the
employment. This presumption is disputable and may be controverted by
evidence that the primary site of the cancer has been established
and that the carcinogen to which the member has demonstrated exposure
is not reasonably linked to the disabling cancer. Unless so
controverted, the appeals board is bound to find in accordance with
the presumption. This presumption shall be extended to a member
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
120 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
(e) The amendments to this section enacted during the 1999 portion
of the 1999-2000 Regular Session shall be applied to claims for
benefits filed or pending on or after January 1, 1997, including, but
not limited to, claims for benefits filed on or after that date that
have previously been denied, or that are being appealed following
denial.
(f) This section shall be known, and may be cited, as the William
Dallas Jones Cancer Presumption Act of 2010.