AB 1373, as introduced, John A. Pérez. Workers’ compensation: firefighters and peace officers.
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 provide that certain proceedings related to the collection of death benefits of firefighters and peace officers may be commenced within, but no later than, an unspecified period of time and in no event more than one year after the date of death if all of the specified criteria are met, including, but not limited to, that the employee’s death is the result of a specified 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 5406 of the Labor Code is amended to
2read:
begin insert(a)end insertbegin insert end insertExcept as provided in Section 5406.5 or 5406.6, the
4period within which may be commenced proceedings for the
5collection of the benefits provided by Article 4 (commencing with
6Section 4700) of Chapter 2 of Part 2 is one yearbegin delete from:end deletebegin insert from any
7of the following:end insert
8(a)
end delete
9begin insert(1)end insert The date of death where death occurs within one year from
10date ofbegin delete injury; orend deletebegin insert injury.end insert
11(b)
end delete
12begin insert(2)end insert The date of last furnishing of any benefits under Chapter 2
13(commencing with Section 4550) of Partbegin delete 2, whereend deletebegin insert 2 ifend insert death occurs
14more than one year from the date ofbegin delete injury; orend deletebegin insert injury.end insert
15(c)
end delete
16begin insert(3)end insert The date of death,begin delete whereend deletebegin insert ifend insert death occurs more than one year
17after the date of injury and compensation benefits have been
18furnished.
19No such proceedings may
end delete
20begin insert(b)end insertbegin insert end insertbegin insertExcept as provided in subdivision (c), proceedings under
21subdivision (a) shall notend insert be commenced more than one year after
22the date of death, nor more than 240 weeks from the date of injury.
23(c) (1) Proceedings
described in subdivision (a) may be
24commenced within, but no later than, ____ , and in no event more
25than one year after the date of death, if all of the following criteria
26are met:
27(A) The proceedings are brought for the collection of benefits
28by, or on behalf of, a person who was a dependent on the date of
29death. The extent of dependency shall be determined in accordance
30with the facts as they existed at the time of death of the employee.
31(B) The injury causing death is one of the following:
end insertbegin insert
32(i) An injury as defined in Section 3212.1 to a person described
33in Section 3212.1.
34(ii) An injury as defined in Section 3212.6 to a person described
35in Section 3212.6.
36(iii) An injury as defined in Section 3212.8 to a person described
37in Section 3212.8.
P3 1(C) The date of injury is during the person’s active service in
2applicable capacities described in Section 3212.1, 3212.6, or
33212.8.
4(2) This subdivision shall not apply to claims for the collection
5of benefits pursuant to Article 4 (commencing with Section 4700)
6of Chapter 2 of Part 2 that have already been adjudicated, or
7otherwise finalized, or for which the commencement period lapsed
8on or before December 31, 2013.
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