BILL NUMBER: AB 2052 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 25, 2014
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN ASSEMBLY APRIL 8, 2014
INTRODUCED BY Assembly Member Gonzalez
FEBRUARY 20, 2014
An act to amend Sections 3212.1, 3212.5, 3212.6, 3212.85, and
3212.9 of, and to repeal and add Section 3212 of, the Labor Code,
relating to workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2052, 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 other, full-time peace
officers described pursuant to specified provisions of law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3212 of the Labor Code is repealed.
SEC. 2. Section 3212 is added to the Labor Code, to read:
3212. (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.
SEC. 3. 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) Part-time and 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
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.
SEC. 4. 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.
SEC. 5. 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.
SEC. 6. Section 3212.85 of the Labor Code is amended to read:
3212.85. (a) This section applies to a full-time or part-time
peace officer described in Sections 830.1 to 830.5, inclusive, of
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, any other full-time peace officer described in that
chapter, 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.
SEC. 7. 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.