Amended in Assembly April 8, 2014

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 amended, Gonzalez. Workers’ compensation.

Existing law establishes a workers’ compensation system to compensate an employee for injuries begin delete sustained end delete arising out of begin insert , end insert and in the course of begin insert , end insert 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 begin delete individuals end delete begin insert peace officers end insert
described in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2 of the Penal Code, whether those begin delete members or
individuals end delete begin insert persons 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, begin delete excepting those end delete begin insert except those
persons end insert 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 begin delete member or individual end delete begin insert person 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 begin insert persons end insert 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 begin insert persons end insert 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 individuals end delete
begin insert peace officers end insert 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)  begin delete Individuals end delete begin insert Peace officers end insert 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 begin delete any member or individual end delete begin insert a person end insert described in
subdivision (a) is in the service of the department or unit, if the
begin delete member or individual end delete begin insert person 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 begin delete member or
individual end delete begin insert person 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 begin delete member or individual end delete begin insert person 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 an individual end delete begin insert a peace officer end insert described
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
2 of the Penal Code, when the begin delete member or individual end delete begin insert person end insert is
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 the begin delete member or
individual end delete begin insert person end insert is in the service the compensation that is awarded
for 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.

(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 begin delete the member or individual end delete
begin insert the person end insert shall have served five years or more in 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 begin delete member or
individual end delete begin insert person 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.

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

SEC. 4.  

Section 3212.6 of the Labor Code is amended to read:

3212.6.  

begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert In the case of begin delete an individual end delete begin insert a peace officer end insert
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 begin delete members of end delete begin insert a member of a end insert fire begin delete departments end delete begin insert department end insert
of any city, county, or district, or other public or municipal
corporations or political subdivisions, when begin delete those members or
individuals are end delete begin insert that person is end insert employed on a regular fully paid
basis, and in the case of begin insert an end insert active firefighting begin delete members end delete begin insert member end insert
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, begin delete where those members
are end delete begin insert if that person is end insert employed on a regular fully paid basis,
begin delete excepting those end delete begin insert except persons end insert 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.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert tuberculosis begin delete so end delete developing or manifesting itself begin insert as
described in paragraph (1) end insert 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 begin delete member or
individual end delete begin insert person described in paragraph (1) 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

A

end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert 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 individuals end delete begin insert a peace officer end insert
described in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2 of the Penal Code, and begin delete members end delete begin insert a member end insert 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 begin delete any member or
individual end delete begin insert a person 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 begin delete member or individual end delete begin insert person
described in subdivision (a) 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)  begin delete “Members end delete begin insert “Member end insert 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 an individual end delete begin insert a peace officer end insert 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 begin delete those members are end delete begin insert the person
is end insert employed on a regular full-time salary, begin delete excepting those end delete begin insert except
persons end insert 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.