SB 773, as introduced, Hernandez. Workers’ compensation: lifeguards.
Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted. The presumption is extended to a lifeguard following termination of service for a period of 3 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.
This bill would make technical, nonsubstantive changes to those 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 3212.11 of the Labor Code is amended
2to read:
begin insert(a)end insertbegin insert end insert This section applies to both of the following:begin delete (a)end delete
4begin insert (1)end insert active lifeguards employed by a city, county, city and county,
5district, or other public or municipal corporation or political
6subdivision, andbegin delete (b)end deletebegin insert (2)end insert
active state lifeguards employed by the
7Department of Parks and Recreation.begin delete Theend delete
P2 1begin insert(b)end insertbegin insert end insertbegin insertThe end insertterm “injury,” as used in this division, includes skin
2cancer that develops or manifests itself during the period of the
3lifeguard’s employment.begin delete Theend delete
4begin insert(c)end insertbegin insert end insertbegin insertThe
end insertcompensation awarded for that injury shall include full
5hospital, surgical, and medical treatment, disability indemnity, and
6death benefits, as provided by the provisions of this division.
7 Skin
end delete
8begin insert(d)end insertbegin insert end insertbegin insertSkin end insertcancer so developing or manifesting itself shall be
9presumed to arise out of and in the course of the employment. This
10presumption is disputable and may be controverted by other
11evidence, but unless so controverted, the appeals board shall find
12in accordance with it.
This presumption shall be extended to a
13lifeguard following termination of service for a period of three
14calendar months for each full year of the requisite service, but not
15to exceed 60 months in any circumstance, commencing with the
16last date actually worked in the specified capacity.
17 Skin
end delete
18begin insert(e)end insertbegin insert end insertbegin insertSkin end insertcancer so developing or manifesting itself in these cases
19shall not be attributed to any disease existing prior to that
20development or manifestation.
21 This
end delete
22begin insert(f)end insertbegin insert end insertbegin insertThis end insertsection shall only apply to lifeguards employed for more
23than three consecutive months in a calendar year.
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