BILL NUMBER: AB 1309 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2013
AMENDED IN ASSEMBLY APRIL 10, 2013
INTRODUCED BY Assembly Member Perea
(Principal coauthor: Senator Lieu)
( Coauthor: Assembly Member
Hagman Coauthors: Assembly Members
Buchanan, Conway, Hagman,
and Hall )
(Coauthors: Senators Correa, Hill, and Lara
Huff, Lara, and Wyland )
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 amended, 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 the
professional athlete's last day of work within the state, 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 this exception would apply to all occupational
disease and cumulative injury claims filed against that employer of
professional athletes, unless the professional athlete was employed
for 8 or more consecutive years by the same California-based employer
pursuant to a contract of hire entered into in California, and 80%
or more of the professional athlete's employment as a professional
athlete occurred while employed by that California-based employer
against whom the claim is filed. 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 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) (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 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, so as to cover the employee's employment while
in this state if both of the following apply:
(A) The extraterritorial provisions of this division are
recognized in the other state.
(B) The employers and employees who are covered in this state are
likewise exempted from the application of the workers' compensation
insurance or similar laws of the other state.
(2) In any case in which paragraph (1) is applicable, the benefits
under the workers' compensation insurance or similar laws of the
other state, and other remedies under those laws, shall be the
exclusive remedy against the employer for any injury, whether
resulting in death or not, received by the employee while working for
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 remedy 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 the
professional athlete's last day of work within the state, the
professional athlete performs less than 90 total days of required
services within the state under the direction and control of the
employer.
(4) (A) 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.
(B) This paragraph shall apply to all occupational disease and
cumulative injury claims filed against an employer of professional
athletes if the employer is subject to this division, unless the
professional athlete was employed for eight or more consecutive years
by the same California-based employer pursuant to a contract of hire
entered into in California, and 80 percent or more of the
professional athlete's employment as a professional athlete occurred
while employed by that California-based employer against whom the
claim is filed. For purposes of the paragraph, both of the following
apply:
(i) A California-based employer is one with a principal place of
business in this state that also plays the majority of its home games
in California.
(ii) Whether 80 percent or more of a professional athlete's
employment as a professional athlete occurred while employed by the
same California-based employer shall be determined solely by taking
the total number of days the professional athlete was employed by a
California-based employer pursuant to a contract of hire entered into
in California and dividing that number by the total number of days
the professional athlete was employed as a professional athlete.
(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.
(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 the other state is
insured in that state and has provided extraterritorial coverage
insuring his or her employees while working within this state shall
be prima facie evidence that the employer carries 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 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.