BILL NUMBER: AB 2052 INTRODUCED
BILL TEXT
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, or individuals
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code, whether those members or
individuals 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 or individual 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 county or city and county
peace officers individuals described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code
, 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.
(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.
(4) Individuals described in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code.
(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 or individual described in
subdivision (a) is in the service of the department or unit, if the
member or individual 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 or individual
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 or individual 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 a member of a police department
of a city or municipality, or a member of the State Highway Patrol,
when any such an individual described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
when the member or individual is employed upon a
regular, full-time salary, 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, the term "injury" as used in this division includes
heart trouble and pneumonia which develops or manifests itself
during a period while such member, sheriff, or deputy
sheriff, inspector or investigator the member or
individual is in the service of the police department,
the State Highway Patrol, the sheriff's office or the district
attorney's office, as the case may be. The the
compensation which that is awarded for
such heart trouble or pneumonia as described
in this section shall include full hospital, surgical, medical
treatment, disability indemnity, and death benefits as provided by
the provisions of this division.
Such heart
(a) The heart 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 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
or individual shall have served five years or more in
such that 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 or individual
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.
Such heart
(b) The heart trouble or
pneumonia so developing or manifesting itself in such
these cases shall in no case be attributed to
any disease existing prior to such its
development or manifestation.
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.
SEC. 4. Section 3212.6 of the Labor Code is amended to read:
3212.6. In the case of 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,
an individual described in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, 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 or individuals
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
or individual 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 peace officers
described in Sections 830.1 to 830.5, inclusive, of the Penal Code,
individuals described in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, 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 or
individual 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 or individual 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 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,
an individual described in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2 of the Penal Code, 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.