BILL NUMBER: AB 2052 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2014
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 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
peace officers described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
whether those members or individuals persons
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 except those persons
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 person is in the
service in the office, staff, division, department, or unit, and in
the case of members of fire departments, except those persons
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
persons 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
individuals peace officers 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) Individuals Peace officers
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 a person
described in subdivision (a) is in the service of the
department or unit, if the member or individual
person 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
person 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 person 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 an individual a
peace officer described in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, when the
member or individual person 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 member or individual
person 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 the member or individual
the person 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
member or individual 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.
(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. (a) (1) In
the case of an individual a peace officer
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 a member of a fire
departments department of any city,
county, or district, or other public or municipal corporations or
political subdivisions, when those members or individuals
are that person is employed on a regular fully
paid basis, and in the case of an active firefighting
members member 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
if that person is employed on a regular fully
paid basis, excepting those except persons
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
(2) The tuberculosis so
developing or manifesting itself as described in
paragraph (1) 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
person described in paragraph (1) 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.
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(b) 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 individuals
a peace officer described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
and members a member 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 a person 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 person
described in subdivision (a) 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 "Member 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 an individual a
peace officer 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 the person is employed on a
regular full-time salary, excepting those
except persons 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.