BILL NUMBER: AB 947	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2011
	AMENDED IN ASSEMBLY  MARCH 10, 2011

INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 18, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 947, as amended, Solorio. 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
generally prohibits aggregate disability payments for a single injury
occurring on or after January 1, 2008, causing temporary disability
from extending for more than 104 compensable weeks within a period of
5 years from the date of injury. Under existing law, if an employee
suffers from specified injuries or conditions, aggregate disability
payments for a single injury occurring on or after April 19, 2004,
causing temporary disability are prohibited from extending for more
than 240 compensable weeks within a period of 5 years from the date
of injury.
   This bill would  add prescribed injuries that require
treatment that cannot medically be completed within 104 weeks to the
specified injuries or conditions that instead prohibit aggregate
disability payments from extending for more than 240 compensable
weeks within a period of 5 years from the date of injury 
 recast the provisions to include, with certain exceptions, an
additional limit on the aggregate disability payments for a single
injury causing temporary disability that occurs on or after January
1, 2012, of 104 compensable weeks within 5 years from the date of
injury  .
   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 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)  
, (2), and (4)  , 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. 
   (J) Injuries to more than one body part requiring a course of
treatment to restore maximal function that cannot medically be
completed within 104 weeks.  
   (K) Injuries that require multiple stage treatments or procedures
to restore function where the full course of treatment cannot
medically be completed within 104 weeks.  
   (4) (A) Except as provided in subparagraph (B), aggregate
disability payments for a single injury occurring on or after January
1, 2012, causing temporary disability shall not extend for more than
104 compensable weeks within a period of five years from the date of
injury.  
   (B) Notwithstanding subparagraph (A), aggregate disability
payments for an injury causing temporary disability that requires
medical treatment beyond 104 weeks to reach maximum medical
improvement may be extended as required by the physician to complete
treatment, if the need for the additional treatment is not caused by
the willful failure of the worker to undergo recommended medical
treatment necessary to reach maximum medical improvement. However, in
no case shall the total aggregate disability payments extend for
more than 240 compensable weeks within a period of five years from
the date of injury.