BILL ANALYSIS �
Senate Committee on Labor and Industrial Relations
Ted W. Lieu, Chair
Date of Hearing: May 8, 2013 2013-2014 Regular
Session
Consultant: Deanna D. Ping Fiscal:No
Urgency: No
Bill No: SB 375
Author: Committee on Labor and Industrial Relations
As Introduced/Amended: May 2, 2013
SUBJECT
Workers' compensation: liens
KEY ISSUE
Should the legislature approve a technical code reference
amendment to correctly reference medical information for lien
claim filing requirement exemptions?
ANALYSIS
Existing law establishes a workers' compensation system that
provides benefits to an employee who suffers from an injury or
illness that arises out of and in the course of employment,
irrespective of fault. This system requires all employers to
secure payment of benefits by either securing the consent of the
Department of Industrial Relations to self-insure or by securing
insurance against liability from an insurance company duly
authorized by the state.
Existing law states that the workers compensation appeals board
may determine, and allow as liens against any sum to be paid as
compensation, any amount determined set forth in the statute
including a reasonable attorney's fee, the reasonable expense
incurred by or on behalf of the injured employee and the
reasonable value of the living expenses of an injured employee.
(Labor Code �4903)
Existing law states that a lien claim for expenses as provided
above shall not be filed after three years from the date the
services were provided, nor more than 18 months after the date
the services were provided, if the services were provided on or
after July 1, 2013.
(Labor Code �4903.5)
Existing law states that with the exception of a lien for
services provided by a physician, no lien claimant shall be
entitled to any medical information, as defined by Section 50.05
of the Civil Code, about an injured worker without prior written
approval of the appeals board.
(Labor Code 4903.6)
Existing law within Civil Code does not have a Section 50.05.
Existing law defines medical information as any individually
identifiable information, in electronic or physical form, in
possession of or derived from a provider of health care, health
care service plan, pharmaceutical company, or contractor
regarding a patient's medical history, mental or physical
condition, or treatment. (Civil Code �56.05)
This bill changes the code section referencing the definition of
"medical information" from Section 50.05 of the Civil Code which
does not exist to Section 56.05 which is the actual code section
defining this information.
COMMENTS
1. Need for this bill?
SB 375 seeks to clarify existing lien claim filing and
exemptions language.
Currently this section of the Labor Code references an
incorrect Civil Code section that does not exist. This
technical change would provide clarity as to the definition of
medical information by citing the correct civil code
definition found under Section 56.05.
Hearing Date: May 8, 2013 SB 375
Consultant: Deanna D. Ping Page 2
Senate Committee on Labor and Industrial Relations
2. Proponent Arguments :
Proponents argue that SB 375 provides an important clean-up
amendment to lien claim filing exemptions for workers'
compensation. Proponents contend that although the change is
technical and seems non-substantive, it corrects an important
error currently in code by referencing the correct definition
of medical information currently in Civil Code.
3. Opponent Arguments :
None on file.
4. Prior Legislation :
SB 863 (DeLeon), Statutes of 2012, Chapter 363, significantly
restructured the manner in which workers' compensation liens
are filed.
SUPPORT
None on file.
OPPOSITION
None on file.
Hearing Date: May 8, 2013 SB 375
Consultant: Deanna D. Ping Page 3
Senate Committee on Labor and Industrial Relations