BILL NUMBER: AB 1373	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member John A. Pérez

                        FEBRUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 5406 of the Labor Code is amended to read:
   5406.   (a)    Except as provided in Section
5406.5 or 5406.6, 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:  from any of the following: 

   (a) 
    (1)  The date of death where death occurs within one
year from date of  injury; or   injury. 

   (b) 
    (2)  The date of last furnishing of any benefits under
Chapter 2 (commencing with Section 4550) of Part  2, where
  2 if  death occurs more than one year from the
date of  injury; or   injury.  
   (c) 
    (3)  The date of death,  where   if
 death occurs more than one year after the date of injury and
compensation benefits have been furnished. 
   No such proceedings may 
    (b)     Except as provided in subdivision
(c), 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. 
   (c) (1) Proceedings described in subdivision (a) may be commenced
within, but no later than, ____ , and in no event more than one year
after the date of death, if all of the following criteria are met:
 
   (A) The proceedings are brought for the collection of benefits by,
or on behalf of, a person who was a dependent on the date of death.
The extent of dependency shall be determined in accordance with the
facts as they existed at the time of death of the employee. 

   (B) The injury causing death is one of the following:  
   (i) An injury as defined in Section 3212.1 to a person described
in Section 3212.1.  
   (ii) An injury as defined in Section 3212.6 to a person described
in Section 3212.6.  
   (iii) An injury as defined in Section 3212.8 to a person described
in Section 3212.8.  
   (C) The date of injury is during the person's active service in
applicable capacities described in Section 3212.1, 3212.6, or 3212.8.
 
   (2) This subdivision shall not apply to claims for the collection
of benefits pursuant to Article 4 (commencing with Section 4700) of
Chapter 2 of Part 2 that have already been adjudicated, or otherwise
finalized, or for which the commencement period lapsed on or before
December 31, 2013.