BILL NUMBER: AB 2451	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2012

INTRODUCED BY   Assembly Member John A. Pérez
    (   Coauthor:   Senator   Vargas
  ) 

                        FEBRUARY 24, 2012

   An act to amend Section 5406 of, and to add Section 5406.8 to, the
Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2451, as amended, John A. Pérez. Workers' compensation:
firefighters.
   Existing law specifies the time period within which various
proceedings may be commenced under provisions of law relating to
workers' compensation. With certain exceptions, a proceeding to
collect death benefits is required to be commenced within one year
from the date of death or, in some cases, from the last furnishing of
benefits. However, no proceedings may be commenced more than 240
weeks from the date of injury.
   This bill would require that a proceeding to collect those
benefits for the death of a firefighter  or peace officer 
from specified medical conditions or diseases, including cancer and
tuberculosis, be commenced within one year from the date of death.
   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 5406 of the Labor Code is amended to read:
   5406.  (a) Except as provided in Section 5406.5, 5406.6, or
5406.8, the period within which may be commenced proceedings for the
collection of the benefits provided by Article 4 (commencing with
Section 4700) of Chapter 2 of Part 2 is one year from any of the
following:
   (1) The date of death if death occurs within one year from date of
injury.
   (2) The date of last furnishing of any benefits under Chapter 2
(commencing with Section 4550) of Part 2, if death occurs more than
one year from the date of injury.
    (3) The date of death, if death occurs more than one year after
the date of injury and compensation benefits have been furnished.
   (b) Proceedings under subdivision (a) shall not be commenced more
than one year after the date of death, nor more than 240 weeks from
the date of injury.
  SEC. 2.  Section 5406.8 is added to the Labor Code, to read:
   5406.8.  In the case of the death of a firefighter  or peace
officer  from an injury, as defined in Section 3212, 3212.1,
3212.6, or 3212.8, the period within which proceedings may be
commenced for the collection of the benefits provided by Article 4
(commencing with Section 4700) of Chapter 2 of Part 2 is one year
from the date of death.