Amended in Senate August 18, 2014

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 begin delete 3212, end delete 3212.1, 3212.5, 3212.6, 3212.85, and 3212.9 begin delete of end delete begin insert of, and to repeal and add Section 3212 of, end insert 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 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 begin delete all end delete begin insert other, full-time end insert peace officers described begin delete under end delete begin insert pursuant to end insert specified provisions of law. begin delete To the extent that the bill would apply the provisions to additional local peace officers, the bill would impose a state-mandated local program. end delete

begin delete

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.

end delete begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

begin delete

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 peace officers described
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
2 of the Penal Code, whether those 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, 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 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 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.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 3212 of the end insert begin insert Labor Code end insert begin insert is repealed. end insert

begin delete

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, whether those members 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 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, 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.

end delete

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert

begin insert Section 3212 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 3212. end insert   

(a) As used in this act, the term “injury” includes both
of the following:

(1) With respect to the following members, a hernia, when any
part of the hernia develops or manifests itself during a period
while the member is in the service in the office, staff, division,
department, or unit:

(A) 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, whether those members are volunteer, partly paid,
or fully paid.

(B) 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.

(C) 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, except 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.

(D) Regular salaried county or city and county peace officers.

(E) Full-time peace officers, other than those described in
subparagraph (A) or (D), as described in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code.

(2) With respect to the following members, pneumonia and heart
trouble that develops or manifests itself during a period while the
member is in the service of the department:

(A) Members of fire departments, except those whose principal
duties are clerical, such as stenographers, telephone operators,
and other officeworkers.

(B) Members of county forestry or firefighting departments,
except those whose principal duties are clerical, such as
stenographers, telephone operators, and other officeworkers.

(C) Active firefighting members of the Department of Forestry
and Fire Protection whose duties require firefighting.

(D) 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, except 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.

(b) 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.

(c) Hernia, heart trouble, or pneumonia developing or
manifesting as described in this section shall be presumed to arise
out of and in the course of employment. This presumption is
disputable and may be controverted by other evidence, but unless
controverted by other evidence, 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

(d) Hernia, heart trouble, or pneumonia developing or
manifesting as described in this section shall not be attributed to
any disease existing prior to that development or manifestation.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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 Peace end delete begin insert Part-time and end insert begin insert full-time peace officers and officers as
described in Section 830.1, subdivision (a) of Section 830.2, and
subdivisions (a) and (b) of Section 830.37, and full-time peace end insert
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 a person described in subdivision (a) is in the service of
the department or unit, if the 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 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 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.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 3212.5 of the Labor Code is amended to read:

3212.5.  

In the case of a peace officer described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, when the 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 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 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 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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section 3212.6 of the Labor Code is amended to read:

3212.6.  

(a) (1) In the case of 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 a member of a
fire department of any city, county, or district, or other public or
municipal corporations or political subdivisions, when that person
is employed on a regular fully paid basis, and in the case of an
active firefighting 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, if that person is employed on a regular fully paid basis, 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.

(2) The tuberculosis 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 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.

(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.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

Section 3212.85 of the Labor Code is amended to read:

3212.85.  

(a) This section applies to a begin insert full-time or part-time end insert
peace officer described in begin insert Sections 830.1 to 830.5, inclusive, of end insert
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
of the Penal Code, begin insert any other full-time peace officer described in
that chapter, end insert and 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 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 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) “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.

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

Section 3212.9 of the Labor Code is amended to read:

3212.9.  

In the case of 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 the person is employed on a regular full-time salary,
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.

begin delete

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.

end delete