AB 1373, as amended, 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, 480 weeks from the date of injury 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:
(a) Except 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 year from any of the
7following:
8(1) The date of deathbegin delete whereend deletebegin insert ifend insert death occurs within one year from
9date of injury.
10(2) The date of last furnishing of any benefits under Chapter 2
11(commencing with Section
4550) of Part 2 if death occurs more
12than one year from the date of injury.
13(3) The date of death, if death occurs more than one year after
14the date of injury and compensation benefits have been furnished.
15(b) Except as provided in subdivision (c), proceedings under
16subdivision (a) shall not be commenced more than one year after
17the date of death, nor more than 240 weeks from the date of injury.
18(c) (1) Proceedings described in subdivision (a) may be
19commenced within, but no later than, 480 weeks from the date of
20injury, and in no event more than one year after the date of death,
21if all of the following criteria are met:
22(A) The proceedings are
brought for the collection of benefits
23by, or on behalf of, a person who was a dependent on the date of
24death. The extent of dependency shall be determined in accordance
25with the facts as they existed at the time of death of the employee.
26(B) The injury causing death is one of the following:
27(i) An injury as defined in Section 3212.1 to a person described
28in Section 3212.1.
29(ii) An injury as defined in Section 3212.6 to a person described
30in Section 3212.6.
31(iii) An injury as defined in Section 3212.8 to a person described
32in Section 3212.8.
33(C) The date of injury is during the person’s active service
in
34applicable capacities described in Section 3212.1, 3212.6, or
353212.8.
36(2) This subdivisionbegin delete shallend deletebegin insert doesend insert not apply to claims for the
37collection of benefits pursuant to Article 4 (commencing with
38Section 4700) of Chapter 2 of Part 2 that have already been
P3 1adjudicated, or otherwise finalized, or for which the
2commencement period lapsed on or before December 31, 2013.
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