California Legislature—2013–14 Regular Session

Assembly Bill No. 2052

Introduced by Assembly Member Gonzalez

February 20, 2014

An act to amend Sections 3212, 3212.1, 3212.5, 3212.6, 3212.85, and 3212.9 of the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2052, as introduced, Gonzalez. Workers’ compensation.

Existing law establishes a workers’ compensation system to compensate an employee for injuries sustained arising out of and in the course of his or her employment. Existing law designates illnesses and conditions that constitute a compensable injury for various employees, such as California Highway Patrol members, firefighters, and certain peace officers. These injuries include, but are not limited to, hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to a biochemical substances, when the illness or condition develops or manifests itself during a period when the officer or employee is in service of his or her employer, as specified.

This bill would expand the coverage of the above provisions relating to compensable injury, to include all peace officers described under specified provisions of law. To the extent that the bill would apply the provisions to additional local peace officers, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 3212 of the Labor Code is amended to
read:

3212.  

In the case of members of a sheriff’s office or the
California Highway Patrol, district attorney’s staff of inspectors
and investigators or of police or fire departments of cities, counties,
cities and counties, districts or other public or municipal
corporations or political subdivisions, begin insert or individuals described in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, end insert whether those members begin insert or individuals end insert are
volunteer, partly paid, or fully paid, and in the case of active
firefighting members of the Department of Forestry and Fire
Protection whose duties require firefighting or of any county
forestry or firefighting department or unit, whether voluntary, fully
paid, or partly paid, and in the case of members of the warden
service of the Wildlife Protection Branch of the Department of
Fish and Game whose principal duties consist of active law
enforcement service, excepting those whose principal duties are
clerical or otherwise do not clearly fall within the scope of active
law enforcement service such as stenographers, telephone
operators, and other officeworkers, the term “injury” as used in
this act includes hernia when any part of the hernia develops or
manifests itself during a period while the member begin insert or individual end insert is
in the service in the office, staff, division, department, or unit, and
in the case of members of fire departments, except those whose
principal duties are clerical, such as stenographers, telephone
operators, and other officeworkers, and in the case of county
forestry or firefighting departments, except those whose principal
duties are clerical, such as stenographers, telephone operators, and
other officeworkers, and in the case of active firefighting members
of the Department of Forestry and Fire Protection whose duties
require firefighting, and in the case of members of the warden
service of the Wildlife Protection Branch of the Department of
Fish and Game whose principal duties consist of active law
enforcement service, excepting those whose principal duties are
clerical or otherwise do not clearly fall within the scope of active
law enforcement service such as stenographers, telephone
operators, and other officeworkers, the term “injury” includes
pneumonia and heart trouble that develops or manifests itself
during a period while the member is in the service of the office,
staff, department, or unit. In the case of regular salaried begin delete county or
city and county peace officers end delete begin insert individuals described in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code end insert , the term “injury” also includes any hernia that manifests
itself or develops during a period while the officer is in the service.
The compensation that is awarded for the hernia, heart trouble, or
pneumonia shall include full hospital, surgical, medical treatment,
disability indemnity, and death benefits, as provided by the
workers’ compensation laws of this state.

The hernia, heart trouble, or pneumonia so developing or
manifesting itself in those cases shall be presumed to arise out of
and in the course of the employment. This presumption is
disputable and may be controverted by other evidence, but unless
so controverted, the appeals board is bound to find in accordance
with it. The presumption shall be extended to a member following
termination of service for a period of three calendar months for
each full year of the requisite service, but not to exceed 60 months
in any circumstance, commencing with the last date actually
worked in the specified capacity.

The hernia, heart trouble, or pneumonia so developing or
manifesting itself in those cases shall in no case be attributed to
any disease existing prior to that development or manifestation.

SEC. 2.  

Section 3212.1 of the Labor Code is amended to read:

3212.1.  

(a) This section applies to all of the following:

(1) Active firefighting members, whether volunteers, partly
paid, or fully paid, of all of the following fire departments:

(A) A fire department of a city, county, city and county, district,
or other public or municipal corporation or political subdivision.

(B) A fire department of the University of California and the
California State University.

(C) The Department of Forestry and Fire Protection.

(D) A county forestry or firefighting department or unit.

(2) Active firefighting members of a fire department that serves
a United States Department of Defense installation and who are
certified by the Department of Defense as meeting its standards
for firefighters.

(3) Active firefighting members of a fire department that serves
a National Aeronautics and Space Administration installation and
who adhere to training standards established in accordance with
Article 4 (commencing with Section 13155) of Chapter 1 of Part
2 of Division 12 of the Health and Safety Code.

begin delete

(4) Peace officers, as defined in Section 830.1, subdivision (a)
of Section 830.2, and subdivisions (a) and (b) of Section 830.37,
of the Penal Code, who are primarily engaged in active law
enforcement activities.

end delete begin insert

(4) Individuals described in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code.

end insert

(5) (A) Fire and rescue services coordinators who work for the
Office of Emergency Services.

(B) For purposes of this paragraph, “fire and rescue services
coordinators” means coordinators with any of the following job
classifications: coordinator, senior coordinator, or chief
coordinator.

(b) The term “injury,” as used in this division, includes cancer,
including leukemia, that develops or manifests itself during a period
in which any member begin insert or individual end insert described in subdivision (a)
is in the service of the department or unit, if the member begin insert or
individual end insert demonstrates that he or she was exposed, while in the
service of the department or unit, to a known carcinogen as defined
by the International Agency for Research on Cancer, or as defined
by the director.

(c) The compensation that is awarded for cancer shall include
full hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.

(d) The cancer so developing or manifesting itself in these cases
shall be presumed to arise out of and in the course of the
employment. This presumption is disputable and may be
controverted by evidence that the primary site of the cancer has
been established and that the carcinogen to which the member begin insert or
individual end insert has demonstrated exposure is not reasonably linked to
the disabling cancer. Unless so controverted, the appeals board is
bound to find in accordance with the presumption. This
presumption shall be extended to a member begin insert or individual end insert following
termination of service for a period of three calendar months for
each full year of the requisite service, but not to exceed 120 months
in any circumstance, commencing with the last date actually
worked in the specified capacity.

(e) The amendments to this section enacted during the 1999
portion of the 1999-2000 Regular Session shall be applied to
claims for benefits filed or pending on or after January 1, 1997,
including, but not limited to, claims for benefits filed on or after
that date that have previously been denied, or that are being
appealed following denial.

(f) This section shall be known, and may be cited, as the William
Dallas Jones Cancer Presumption Act of 2010.

SEC. 3.  

Section 3212.5 of the Labor Code is amended to read:

3212.5.  

In the case of begin delete a member of a police department of a
city or municipality, or a member of the State Highway Patrol,
when any such end delete begin insert an individual described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, when the end insert member begin insert or individual end insert is employed upon a regular,
full-time salary, begin delete and in the case of a sheriff or deputy sheriff, or
an inspector or investigator in a district attorney’s office of any
county, employed upon a regular, full-time salary, end delete the term “injury”
as used in this division includes heart trouble and pneumonia which
develops or manifests itself during a period while begin delete such member,
sheriff, or deputy sheriff, inspector or investigator end delete begin insert the member or
individual end insert is in the service begin delete of the police department, the State
Highway Patrol, the sheriff’s office or the district attorney’s office,
as the case may be. The end delete begin insert the end insert compensation begin delete which end delete begin insert that end insert is awarded
for begin delete such end delete heart trouble or pneumonia begin insert as described in this section end insert
shall include full hospital, surgical, medical treatment, disability
indemnity, and death benefits as provided by the provisions of this
division.

begin delete

Such heart

end delete

begin insert (a) end insert begin insert   end insert begin insert The heart end insert trouble or pneumonia so developing or manifesting
itself shall be presumed to arise out of and in the course of the
employment; provided, however, that the member begin delete of the police
department, State Highway Patrol, the sheriff or deputy sheriff, or
an inspector or investigator in a district attorney’s office of any
county end delete begin insert or individual end insert shall have served five years or more in begin delete such end delete
begin insert that end insert capacity before the presumption shall arise as to the
compensability of heart trouble so developing or manifesting itself.
This presumption is disputable and may be controverted by other
evidence, but unless so controverted, the appeals board is bound
to find in accordance with it. This presumption shall be extended
to a member begin insert or individual end insert following termination of service for a
period of three calendar months for each full year of the requisite
service, but not to exceed 60 months in any circumstance,
commencing with the last date actually worked in the specified
capacity.

begin delete

Such heart

end delete

begin insert (b) end insert begin insert   end insert begin insert The heart end insert trouble or pneumonia so developing or manifesting
itself in begin delete such end delete begin insert these end insert cases shall in no case be attributed to any
disease existing prior to begin delete such end delete begin insert its end insert development or manifestation.

begin delete

The term “members” as used herein shall be limited to those
employees of police departments, the California Highway Patrol
and sheriffs’ departments and inspectors and investigators of a
district attorney’s office who are defined as peace officers in
Section 830.1, 830.2, or 830.3 of the Penal Code.

end delete

SEC. 4.  

Section 3212.6 of the Labor Code is amended to read:

3212.6.  

In the case of begin delete a member of a police department of a
city or county, or a member of the sheriff’s office of a county, or
a member of the California Highway Patrol, or an inspector or
investigator in a district attorney’s office of any county whose
principal duties consist of active law enforcement service, end delete begin insert an
individual described in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, end insert or a prison or jail guard
or correctional officer who is employed by a public agency, when
that person is employed upon a regular, full-time salary, or in the
case of members of fire departments of any city, county, or district,
or other public or municipal corporations or political subdivisions,
when those members begin insert or individuals end insert are employed on a regular
fully paid basis, and in the case of active firefighting members of
the Department of Forestry and Fire Protection whose duties
require firefighting and first-aid response services, or of any county
forestry or firefighting department or unit, where those members
are employed on a regular fully paid basis, excepting those whose
principal duties are clerical or otherwise do not clearly fall within
the scope of active law enforcement, firefighting, or emergency
first-aid response service such as stenographers, telephone
operators, and other officeworkers, the term “injury” includes
tuberculosis that develops or manifests itself during a period while
that member is in the service of that department or office. The
compensation that is awarded for the tuberculosis shall include
full hospital, surgical, medical treatment, disability indemnity, and
death benefits as provided by the provisions of this division.

The tuberculosis so developing or manifesting itself shall be
presumed to arise out of and in the course of the employment. This
presumption is disputable and may be controverted by other
evidence, but unless so controverted, the appeals board is bound
to find in accordance with it. This presumption shall be extended
to a member begin insert or individual end insert following termination of service for a
period of three calendar months for each full year of the requisite
service, but not to exceed 60 months in any circumstance,
commencing with the last date actually worked in the specified
capacity.

A public entity may require applicants for employment in
firefighting positions who would be entitled to the benefits granted
by this section to be tested for infection for tuberculosis.

SEC. 5.  

Section 3212.85 of the Labor Code is amended to read:

3212.85.  

(a) This section applies to begin delete peace officers described
in Sections 830.1 to 830.5, inclusive, of the Penal Code, end delete begin insert individuals
described in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2 of the Penal Code, end insert and members of a fire department.

(b) The term “injury,” as used in this division, includes illness
or resulting death due to exposure to a biochemical substance that
develops or occurs during a period in which any member begin insert or
individual end insert described in subdivision (a) is in the service of the
department or unit.

(c) The compensation that is awarded for injury pursuant to this
section shall include full hospital, surgical, medical treatment,
disability indemnity, and death benefits, as provided by this
division.

(d) The injury that develops or manifests itself in these cases
shall be presumed to arise out of, and in the course of, the
employment. This presumption is disputable and may be
controverted by other evidence. Unless controverted, the appeals
board is bound to find in accordance with the presumption. This
presumption shall be extended to a member begin insert or individual end insert following
termination of service for a period of three calendar months for
each full year of the requisite service, but not to exceed 60 months
in any circumstance, commencing with the last date actually
worked in the specified capacity.

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

(1) “Biochemical substance” means any biological or chemical
agent that may be used as a weapon of mass destruction, including,
but not limited to, any chemical warfare agent, weaponized
biological agent, or nuclear or radiological agent, as these terms
are defined in Section 11417 of the Penal Code.

(2) “Members of a fire department” includes, but is not limited
to, an apprentice, volunteer, partly paid, or fully paid member of
any of the following:

(A) A fire department of a city, county, city and county, district,
or other public or municipal corporation or political subdivision.

(B) A fire department of the University of California and the
California State University.

(C) The Department of Forestry and Fire Protection.

(D) A county forestry or firefighting department or unit.

SEC. 6.  

Section 3212.9 of the Labor Code is amended to read:

3212.9.  

In the case of begin delete a member of a police department of a
city, county, or city and county, or a member of the sheriff’s office
of a county, or a member of the California Highway Patrol, or a
county probation officer, or an inspector or investigator in a district
attorney’s office of any county whose principal duties consist of
active law enforcement service, end delete begin insert end insert begin insert an individual described in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, end insert when that person is employed on a regular, full-time salary,
or in the case of a member of a fire department of any city, county,
or district, or other public or municipal corporation or political
subdivision, or any county forestry or firefighting department or
unit, when those members are employed on a regular full-time
salary, excepting those whose principal duties are clerical or
otherwise do not clearly fall within the scope of active law
enforcement or firefighting, such as stenographers, telephone
operators, and other officeworkers, the term “injury” includes
meningitis that develops or manifests itself during a period while
that person is in the service of that department, office, or unit. The
compensation that is awarded for the meningitis shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits as provided by the provisions of this division.

The meningitis so developing or manifesting itself shall be
presumed to arise out of and in the course of the employment. This
presumption is disputable and may be controverted by other
evidence, but unless so controverted, the appeals board is bound
to find in accordance with it. This presumption shall be extended
to a person following termination of service for a period of three
calendar months for each full year of the requisite service, but not
to exceed 60 months in any circumstance, commencing with the
last date actually worked in the specified capacity.

SEC. 7.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.