Amended in Senate September 5, 2013

Amended in Senate September 4, 2013

Amended in Senate August 28, 2013

Amended in Senate August 13, 2013

Amended in Assembly April 25, 2013

Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1309


Introduced by Assembly Member Perea

(Principal coauthor: Senator Lieu)

(Coauthors: Assembly Members Buchanan, Conway, Hagman, and Hall)

(Coauthors: Senators Correa, Hill, Huff, Lara, and Wyland)

February 22, 2013


An act to amend Section 3600.5 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 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 exempt an employee hired outside of this state and his or her employer from the occupational disease and cumulative injury provisions of this state’s workers’ compensation laws if (1) 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, ice hockey, or soccer, (2) that professional athlete is temporarily within this state doing work for his or her employer, and (3) the employer has furnished workers’ compensation insurance under the laws of the state other than California that covers the professional athlete’s employment while in this state, except as specified. This bill would deem a professional athlete to be temporarily within the state doing work for his or her employer if, during the 365 consecutive days immediately preceding the professional athlete’s last day of work for the employer within the state, the professional athlete performs less than 20% of his or her duty days, as defined, in the state. Thebegin delete exemption would not apply toend deletebegin insert bill would also exemptend insert a professional athlete and his or her employerbegin delete ifend deletebegin insert from the occupational disease or cumulative injury provisions of this state’s workers’ compensation laws when all of the professional athlete’s employers in his or her last year of work as a professional athlete are exempt from these provisions unlessend insert the professional athlete has, over the course of his or herbegin insert professional athleticend insert career,begin insert (1)end insert worked for 2 or more seasons for a California-based team or teams, as defined, or worked 20% or more of his or her duty days in California or for a California-based team, and,begin delete over the course of his or her professional career,end deletebegin insert (2)end insert worked for fewer than 7 seasons for any team other than a California-based team. The bill would also state that it is the intent of the Legislature that the decision of the Workers’ Compensation Appeals Board in Wesley Carroll v. Cincinnati Bengals, et al. (2013) 78 Cal.Comp.Cases ____ (ADJ2295331) (WCAB En Banc) be limited to professional athletes, and would include other specified statements of legislative intent.

The bill would provide that these changes apply to all pending claims for benefits filed on or after September 15, 2013, 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:

P3    1

SECTION 1.  

Section 3600.5 of the Labor Code is amended to
2read:

3

3600.5.  

(a) If an employee who has been hired or is regularly
4working in the state receives personal injury by accident arising
5out of and in the course of employment outside of this state, he or
6she, or his or her dependents, in the case of his or her death, shall
7be entitled to compensation according to the law of this state.

8(b) (1) An employee who has been hired outside of this state
9and his or her employer shall be exempted from the provisions of
10this division while the employee is temporarily within this state
11doing work for his or her employer if the employer has furnished
12workers’ compensation insurance coverage under the workers’
13 compensation insurance or similar laws of a state other than
14California, so as to cover the employee’s work while in this state
15if both of the following apply:

16(A) The extraterritorial provisions of this division are recognized
17in the other state.

18(B) The employers and employees who are covered in this state
19are likewise exempted from the application of the workers’
20compensation insurance or similar laws of the other state.

21(2) In any case in which paragraph (1) is satisfied, the benefits
22under the workers’ compensation insurance or similar laws of the
23other state, and other remedies under those laws, shall be the
24exclusive remedy against the employer for any injury, whether
25resulting in death or not, received by the employee while working
26for the employer in this state.

27(c) (1) With respect to an occupational disease or cumulative
28injury, a professional athlete who has been hired outside of this
29state and his or her employer shall be exempted from the provisions
30of this division while the professional athlete is temporarily within
P4    1this state doing work for his or her employer if both of the
2following are satisfied:

3(A) The employer has furnished workers’ compensation
4insurance coverage or its equivalent under the laws of a state other
5than California.

6(B) The employer’s workers’ compensation insurance or its
7equivalent covers the professional athlete’s work while in this
8state.

9(2) In any case in which paragraph (1) is satisfied, the benefits
10under the workers’ compensation insurance or similar laws of the
11other state, and other remedies under those laws, shall be the
12exclusive remedy against the employer for any occupational disease
13or cumulative injury, whether resulting in death or not, received
14by the employee while working for the employer in this state.

15(3) A professional athlete shall be deemed, for purposes of this
16subdivision, to be temporarily within this state doing work for his
17or her employer if, during the 365 consecutive days immediately
18preceding the professional athlete’s last day of work for the
19employer within the state, the professional athlete performs less
20than 20 percent of his or her duty days in California during that
21365-day period in California.

22(d) (1) With respect to an occupational disease or cumulative
23injury, a professional athlete and his or her employer shall be
24exempt from this division when all of the professional athlete’s
25employers in his or her last year of work as a professional athlete
26are exempt from this division pursuant to subdivision (c) or any
27other law, unless both of the following conditions are satisfied:

28(A) The professional athlete has, over the course of his or her
29professional athletic career, worked for two or more seasons for
30a California-based team or teams, or the professional athlete has,
31over the course of his or her professional athletic career, worked
3220 percent or more of his or her duty days either in California or
33for a California-based team. The percentage of a professional
34athletic career worked either within California or for a
35California-based team shall be determined solely by taking the
36number of duty days the professional athlete worked for a
37California-based team or teams, plus the number of duty days the
38professional athlete worked as a professional athlete in California
39for any team other than a California-based team, and dividing that
P5    1number by the total number of duty days the professional athlete
2was employed anywhere as a professional athlete.

3(B) The professional athlete has, over the course of his or her
4professional athletic career, worked for fewer than seven seasons
5for any team or teams other than a California-based team or teams
6as defined in this section.

7(2) When subparagraphs (A) and (B) of paragraph (1) are both
8satisfied, liability for the professional athlete’s occupational disease
9or cumulative injury shall be determined in accordance with
10Section 5500.5.

11(e) An employer of professional athletes, other than a
12California-based team, shall be exempt from Article 4
13(commencing with Section 3550) of Chapter 2, and subdivisions
14(a) to (c), inclusive, of Section 5401.

15(f) For purposes of this section, a certificate from the duly
16authorized officer of the appeals board or similar department of
17another state certifying that the employer of the other state is
18insured in that state and has provided extraterritorial coverage
19insuring his or her employees while working within this state shall
20be prima facie evidence that the employer carries workers’
21compensation insurance.

22(g) For purposes of this section, the following definitions apply:

23(1) The term “professional athlete” means an athlete who is
24employed at either a minor or major league level in the sport of
25baseball, basketball, football, ice hockey, or soccer.

26(2) The term “California-based team” means a team that plays
27a majority of its home games in California.

28(3) The term “duty day” means a day in which any services are
29performed by a professional athlete under the direction and control
30of his or her employer pursuant to a player contract.

31(4) The term “season” means the period from the date of the
32first preseason team activity for that contract year, through the
33date of the last game the professional athlete’s team played during
34the same contract year.

35(h) The amendments made to this section by the act adding this
36subdivision apply to all claims for benefits pursuant to this division
37filed on or after September 15,begin delete 2013, but do not apply to a case in
38which a final adjudication has been rendered prior to January 1,
392014.end delete
begin insert 2013.end insert The amendments made to this section by the act adding
P6    1this subdivision shall not constitute good cause to reopen any final
2decision, order, or award.

3(i) If any provision of this section or the application thereof to
4any person or circumstances is held invalid, that invalidity shall
5not affect other provisions or applications of this section that can
6be given effect without the invalid provision or application, and
7to this end the provisions of this section are severable.

8

SEC. 2.  

It is the intent of the Legislature that the changes made
9to law by this act shall only affect specified professional athletes
10and employers of specified professional athletes. The changes
11made to law by this act shall not affect any other employer or
12employee in the State of California.

13

SEC. 3.  

It is the intent of the Legislature that the changes made
14to law by this act shall have no impact or alter in any way the
15decision of the court in Bowen v. Workers’ Comp. Appeals Bd.
16(1999) 73 Cal.App.4th 15.

17

SEC. 4.  

It is the intent of the Legislature that the decision of
18the Workers’ Compensation Appeals Board in Wesley Carroll v.
19Cincinnati Bengals, et al. (2013) 78 Cal.Comp.Cases ____
20(ADJ2295331) (WCAB En Banc) be limited to professional
21athletes, as defined in this act.

22

SEC. 5.  

It is the intent of the Legislature that the changes made
23to law by this act have no impact or alter in any way the decision
24of the Workers’ Compensation Appeals Board in Dennis McKinley
25v. Arizona Cardinals et al. (2013) 78 CCC 23 (ADJ7460656).



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