BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1746
          Author:   Alejo (D)
          Amended:  3/20/14 in Assembly
          Vote:     21

           
           SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE  :  5-0, 6/11/14
          AYES:  Hueso, Wyland, Leno, Padilla, Mitchell

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  78-0, 5/15/14 (Consent) - See last page for  
            vote


           SUBJECT  :    Workers compensation: proceedings:  expedited  
          hearings

           SOURCE  :     Author


           DIGEST  :    This bill requires the Administrative Director of the  
          Division of Workers Compensation (DWC) to include injured  
          workers who are or were employed by an illegally uninsured  
          employer on the priority conference calendar when the issues in  
          dispute are employment or injury arising out of employment or in  
          the course of employment.

           ANALYSIS  :    

          Existing law:

          1. Establishes a workers' compensation system that provides  
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             benefits to an employee who suffers from an injury or illness  
             that arises out of and in the course of employment,  
             irrespective of fault.  This system requires all employers to  
             secure payment of benefits by either securing the consent of  
             the Department of Industrial Relations (DIR) to self-insure  
             or by securing insurance against liability from an insurance  
             company duly authorized by the state.

          2. Provides that medical, surgical, chiropractic, acupuncture,  
             and hospital treatment, including nursing, medicines, medical  
             and surgical supplies, crutches, and apparatuses, including  
             orthotic and prosthetic devices and services, that is  
             reasonably required to cure or relieve the injured worker  
             from the effects of his/her injury shall be provided by the  
             employer.  

          3. Provides that, if an employer fails to pay the compensation  
             to an injured worker, the award, upon application by the  
             injured worker or his/her beneficiaries, the compensation  
             must be paid by the Director from the Uninsured Employers  
             Benefits Trust Fund (UEBTF).  The UEBTF is funded through  
             surcharges on workers' compensation insurance policies.    

          4. Provides that, if an award is issued from the UEBTF, the  
             amount of the award constitutes a liquidated damage against  
             the illegally uninsured employer, which may be pursued by the  
             Director of the DIR in the Superior Court of any county.

          5. Requires the Administrative Director of the DWC to create a  
             priority conference calendar for cases where the injured  
             worker is represented by an attorney and the issues in  
             dispute are employment or injury arising out of employment or  
             in the course of employment.  The conference must be  
             conducted by a workers' compensation administrative law judge  
             within 30 days after the declaration of readiness to proceed.  
              

          This bill requires the Administrative Director of the DWC to  
          include injured workers who are or were employed by an illegally  
          uninsured employer on the priority conference calendar when the  
          issues in dispute are employment or injury arising out of  
          employment or in the course of employment.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    

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          Local:  No

           SUPPORT  :   (Verified  6/24/14)

          AFSCME, AFL-CIO
          Association of California Healthcare Districts
          California Chamber of Commerce
          California Coalition on Workers' Compensation
          California Labor Federation, AFL-CIO
          California Professional Firefighters
          Pacific Compensation Insurance Company
          Rural County Representatives of California
          Salud Para La Gente
          The California Applicant Attorneys Association
          Watsonville Law Center
          Worksafe

           ARGUMENTS IN SUPPORT  :    Proponents argue that this bill is a  
          necessary reform that will help some of the most vulnerable  
          injured workers and assist California in its fight against the  
          underground economy.  Specifically, proponents argue that  
          injured workers who work for illegally uninsured employers do  
          not have the same access to medical care, as insurers are  
          required by law to provide medical benefits in a timely manner  
          with a significant pool of medical providers.  As injured  
          workers who work or worked for an illegally uninsured employer  
          have none of these protections, this bill ensures that they  
          receive an expedited hearing so that they can quickly receive  
          the medical care they need.  Additionally, proponents note that  
          this bill allows for the rapid identification of illegally  
          uninsured employers, giving California another important tool in  
          the fight against the underground economy.

           ASSEMBLY FLOOR  :  78-0, 5/15/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,  
            Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,  
            Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,  
            Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.  
            Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,  

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            Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,  
            Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Mansoor, Vacancy


          PQ:d  6/24/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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