BILL NUMBER: SB 258 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 19, 2013
INTRODUCED BY Senator Lieu
FEBRUARY 13, 2013
An act to amend Section 139.45 112
of the Labor Code, relating to workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
SB 258, as amended, Lieu. Workers' compensation: advertisements.
Existing law establishes the 7-member Workers' Compensation
Appeals Board, and provides that the members of the appeals board are
appointed by the Governor with the advice and consent of the Senate.
Existing law requires that 5 of the 7 members of the board be
experienced attorneys admitted to practice in the State of
California, and provides that the other 2 members need not be
attorneys.
This bill would require that all 7 members of the board be
experienced attorneys admitted to practice in the State of
California.
Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, to compensate an employee for injuries
sustained in the course of his or her employment. Existing law
requires the administrative director to promulgate regulations
regarding advertisements relating to workers' compensation, and
requires the administrative director to take particular care to
preclude any advertisements with respect to industrial injuries or
illnesses that are false or that mislead the public with respect to
workers' compensation.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 112 of the Labor
Code is amended to read:
112. (a) The members of the appeals board
shall be appointed by the Governor with the advice and consent of the
Senate. The term of office of the members appointed prior to January
1, 1990, shall be four years, and the term of office of members
appointed on or after January 1, 1990, shall be six years and they
shall hold office until the appointment and qualification of their
successors.
Five
(b) All of the members of the
appeals board shall be experienced attorneys at law admitted to
practice in the State of California. The other two members
need not be attorneys at law. All members shall be selected
with due consideration of their judicial temperament and abilities.
Each member shall receive the salary provided for by Chapter 6
(commencing with Section 11550) of Part 1 of Division 3 of Title 2 of
the Government Code.
SECTION 1. Section 139.45 of the Labor Code is
amended to read:
139.45. (a) In promulgating regulations pursuant to Sections
139.4 and 139.43, the administrative director shall take particular
care to preclude any advertisements with respect to industrial
injuries or illnesses that are false or that mislead the public with
respect to workers' compensation. In promulgating rules with respect
to advertising, the State Bar and physician licensing boards shall
also take particular care to achieve the same goal.
(b) For purposes of subdivision (a), false or misleading
advertisements shall include advertisements that do any of the
following:
(1) Contain an untrue statement.
(2) Contain any matter, or present or arrange any matter in a
manner or format that is false, deceptive, or that tends to confuse,
deceive, or mislead.
(3) Omit any fact necessary to make the statement made, in the
light of the circumstances under which the statement is made, not
misleading.
(4) Are transmitted in any manner that involves coercion, duress,
compulsion, intimidation, threats, or vexatious or harassing conduct.
(5) Entice a person to respond by the offering of any
consideration, including a good or service but excluding free medical
evaluations or treatment, that would be provided either at no charge
or for less than market value. No free medical evaluation or
treatment shall be offered for the purpose of defrauding any entity.