BILL NUMBER: AB 947	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2011
	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 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 recast the provisions to  include, with
certain exceptions, an additional limit on the   permit
 aggregate disability payments for a single injury causing
temporary disability that occurs on or after January 1, 2012,
of 104   to be extended, as prescribed, and would
prohibit the payments from extending for more than 240 
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), (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.
   (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   a single  injury causing
temporary disability that requires medical treatment beyond 104
weeks  to reach maximum medical improvement  may be
extended as required by the  physician   primary
treating physician, an agreed medical evaluator, or a qualified
medical evaluator  to complete treatment  as required for
the patient to become permanent and stationary  , 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   become
permanent and stationary  . 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.