BILL NUMBER: AB 1309	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Perea
   (Coauthor: Assembly Member Hagman)
   (Coauthors: Senators Correa, Hill, and Lara)

                        FEBRUARY 22, 2013

   An act to amend Sections 3600.5 and 5412 of the Labor Code,
relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1309, as introduced, Perea. Workers' compensation: professional
athletes.
   Existing workers' compensation law 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 provides that an injury may be either "specific,"
occurring as the result of one incident or exposure that causes
disability or need for medical treatment, or "cumulative," occurring
as repetitive mentally or physically traumatic activities extending
over a period of time, the combined effect of which causes any
disability or need for medical treatment. Existing law provides that
the date of injury in cases of occupational diseases or cumulative
injuries is that date upon which the employee first suffered
disability therefrom and either knew, or in the exercise of
reasonable diligence should have known, that the disability was
caused by his or her present or prior employment.
   Existing law provides that an employee who has been hired outside
of this state and his or her employer are exempt from these
provisions while the employee is temporarily within this state doing
work for his or her employer if the employer has furnished workers'
compensation insurance coverage under the workers' compensation
insurance or similar laws of a state other than California, as
specified.
   This bill would provide that an employee hired outside of this
state, his or her dependents, and his or her employer shall be exempt
from this state's workers' compensation laws if the employee is a
professional athlete, defined, for purposes of these provisions, to
include an athlete who is employed at the minor or major league level
in the sport of baseball, basketball, football, hockey, or soccer,
and that professional athlete is temporarily within this state doing
work for his or her employer. This bill would deem a professional
athlete to be temporarily within the state doing work for his or her
employer if, during the 365 days immediately preceding either the
professional athlete's date of injury, or, in the case of an
occupational disease or cumulative injury claim, the professional
athlete's last date of injurious exposure while employed anywhere as
a professional athlete, the professional athlete performs less than
90 total days of required services within the state under the
direction and control of the employer. The bill would provide that if
the employee is a professional athlete, the date of injury in cases
of occupational diseases or cumulative injuries is the date of the
employee's last injurious exposure while employed anywhere as a
professional athlete, or the date of diagnosis, as defined, by a
licensed physician, whichever occurs later.
   The bill would also provide that an employer of a professional
athlete that is subject to California's workers' compensation laws is
not liable for occupational disease or cumulative injury if at the
time application for benefits is made the professional athlete
performed his or her last year of work in an occupation that exposed
him or her to the occupational disease or cumulative injury as an
employee of one or more other employers that are exempt from
California's workers' compensation laws or pursuant to the above
provisions or any other law. The bill would provide that these
changes apply to all pending claims for benefits, as specified.
   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 3600.5 of the Labor Code is amended to read:
   3600.5.  (a) If an employee who has been hired or is regularly
employed in the state receives personal injury by accident arising
out of and in the course of  such  employment
outside of this state, he  or she  , or his  or her
 dependents, in the case of his  or her  death, shall
be entitled to compensation according to the law of this state.
   (b)  Any   (1)     Except
as provided in subdivision (c), an  employee who has been hired
outside of this state and his  or her  employer shall be
exempted from the provisions of this division while  such
  the  employee is temporarily within this state
doing work for his  or her  employer if  such
  the  employer has furnished  workmen's
  workers'  compensation insurance coverage under
the  workmen's   workers'  compensation
insurance or similar laws of a state other than California, so as to
cover  such   the  employee's employment
while in this  state; provided, the   state if
both of the following apply: 
    (A)     The  extraterritorial
provisions of this division are recognized in  such 
 the  other state  and provided   .

    (B)     The  employers and employees
who are covered in this state are likewise exempted from the
application of the  workmen's   workers 
 '  compensation insurance or similar laws of  such
  the  other state.  The 
    (2)     In any case in which paragraph (1)
is applicable, the  benefits under the  Workmen's
Compensation Insurance Act   workers'  
compensation insurance  or similar laws of  such
  the  other state,  or   and
 other remedies under  such act or such  
those  laws, shall be the exclusive remedy against  such
  the  employer for any injury, whether resulting
in death or not, received by  such   the 
employee while working for  such   the 
employer in this state. 
   (c) (1) Any professional athlete who has been hired outside of
this state and his or her dependents and his or her employer shall be
exempted from the provisions of this division while the professional
athlete is temporarily within this state doing work for his or her
employer if both of the following apply:  
   (A) The employer has furnished workers' compensation insurance
coverage or its equivalent under the laws of a state other than
California.  
   (B) The employer's workers' compensation insurance or its
equivalent covers the professional athlete's employment while in this
state.  
   (2) If the conditions described in paragraph (1) are satisfied,
then the benefits under the laws of the other state, and other
remedies under those laws, shall be the exclusive benefits and
remedies against the employer for any injury, whether resulting in
death or not, received by the employee while working for the employer
in this state.  
   (3) A professional athlete shall be deemed, for purposes of this
subdivision, to be temporarily within this state doing work for his
or her employer if, during the 365 days immediately preceding either
the professional athlete's date of injury, or, in the case of
occupational disease or cumulative injury claims, the professional
athlete's last date of injurious exposure while employed anywhere as
a professional athlete, the professional athlete performs less than
90 total days of required services within the state under the
direction and control of the employer.  
   (4) An employer of a professional athlete that is subject to this
division is not liable for occupational disease or cumulative injury
pursuant to Section 5500.5 if at the time application for benefits is
made the professional athlete performed his or her last year of work
in an occupation that exposed him or her to the occupational disease
or cumulative injury as an employee of one or more other employers
that are exempt from this division pursuant to paragraph (1) or any
other law.  
   (5) The term "professional athlete" for purposes of this
subdivision means an athlete who is employed at either a minor or
major league level in the sport of baseball, basketball, football,
hockey, or soccer.  
   (6) The amendments made to this section by the act adding this
paragraph apply to all pending claims for benefits pursuant to this
division that have not yet been adjudicated.  
   A 
    (d)     For purposes of this section, a
 certificate from the duly authorized officer of the appeals
board or similar department of another state certifying that the
employer of  such   the  other state is
insured  therein   in that state  and has
provided extraterritorial coverage insuring his  or her 
employees while working within this state shall be prima facie
evidence that  such   the  employer carries
 such workmen's   workers   ' 
compensation insurance.
  SEC. 2.  Section 5412 of the Labor Code is amended to read:
   5412.   (a)    The date of injury in cases of
occupational diseases or cumulative injuries is that date upon which
the employee first suffered disability therefrom and either knew, or
in the exercise of reasonable diligence should have known, that
 such   the  disability was caused by his
 or her  present or prior employment. 
   (b) In the event the employee is a professional athlete: 

   (1) The date of injury in cases of occupational disease or
cumulative injuries is the date of the employee's last injurious
exposure while employed anywhere as a professional athlete, or the
date of diagnosis by a licensed physician, whichever occurs later.
 
   (2) The date of diagnosis by a licensed physician is that date on
which the licensed physician informed the professional athlete of his
or her medical diagnosis.  
   (3) The time limitation in subdivision (a) of Section 5405 may be
tolled only by reason of the employee's mental incompetence during
the time permitted to commence proceedings pursuant to subdivision
(a) of Section 5405.  
   (4) The term "professional athlete" as used in this subdivision
shall have the same meaning as set forth in paragraph (5) of
subdivision (c) of Section 3600.5.