Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 511


Introduced by Assembly Member Gipson

February 23, 2015


An act to amend Section 3212.1 of, and to repeal and add Sections 3212, 3212.5, 3212.6, 3212.85, and 3212.9 of, the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL’S DIGEST

AB 511, as amended, Gipson. 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 substance 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 bill would also expand the coverage of these provisions tobegin delete include, upon the approval of an ordinance or resolution adopted by the governing body of the contracting public agency, or the adoption of language to this effect in a city or county charter, or pursuant to the terms and conditions of employment set forth in a collective bargaining agreement,end deletebegin insert includeend insert a custody assistant, correctional officer, security officer, or security assistant employed by a public agency, or a peace officer other than a peace officer to whom these provisions already apply. The bill would also make technical and clarifying changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 3212 of the Labor Code is repealed.

2

SEC. 2.  

Section 3212 is added to the Labor Code, to read:

3

3212.  

(a) As used in this act, the term “injury” includes both
4of the following:

5(1) With respect to the following members, a hernia, when any
6part of the hernia develops or manifests itself during a period while
7the member is in the service of the office, staff, division,
8department, or unit:

9(A) Members of a sheriff’s office or the California Highway
10Patrol, district attorney’s staff of inspectors and investigators, or
11police or fire departments of cities, counties, cities and counties,
12districts, or other public or municipal corporations or political
13subdivisions, whether those members are volunteers, or are partly
14paid or fully paid.

15(B) Active firefighting members of the Department of Forestry
16and Fire Protection whose duties require firefighting or of any
17county forestry or firefighting department or unit, whether those
18members are volunteers, or are partly paid or fully paid.

19(C) Members of the warden service of the Wildlife Branch of
20the Department of Fish and Wildlife whose principal duties consist
21of active law enforcement service.

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

23(E) Full-time peace officers, other than those described in
24subparagraph (A) or (D), as described in Chapter 4.5 (commencing
25with Section 830) of Title 3 of Part 2 of the Penal Code.

26(F)  begin deleteUpon the approval of an ordinance or resolution adopted by
27the governing body of the contracting public agency, or the
28adoption of language to this effect in a city or county charter, or
29pursuant to the terms and conditions of employment set forth in a
30collective bargaining agreement, a end delete
begin insertA end insertcustody assistant, correctional
31officer, security officer, or security assistant employed by a public
P3    1agency, or a peace officer other than a peace officer described in
2Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
3of the Penal Code.

4(2) With respect to the following members, pneumonia and
5heart trouble that develops or manifests itself during a period while
6the member is in the service of the department:

7(A) Members of fire departments.

8(B) Members of county forestry or firefighting departments.

9(C) Active firefighting members of the Department of Forestry
10and Fire Protection whose duties require firefighting.

11(D) Members of the warden service of the Wildlife Branch of
12the Department of Fish and Wildlife whose principal duties consist
13of active law enforcement service.

14(E) begin deleteUpon the approval of an ordinance or resolution adopted
15by the governing body of the contracting public agency, or the
16adoption of language to this effect in a city or county charter, or
17pursuant to the terms and conditions of employment set forth in a
18collective bargaining agreement, a end delete
begin insertA end insertcustody assistant, correctional
19officer, security officer, or security assistant employed by a public
20agency, or a peace officer other than a peace officer described in
21Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
22of the Penal Code.

23(b) The compensation that is awarded for the hernia, heart
24trouble, or pneumonia shall include full hospital, surgical, medical
25treatment, disability indemnity, and death benefits, as provided by
26the workers’ compensation laws of this state.

27(c) Hernia, heart trouble, or pneumonia developing or
28manifesting as described in this section shall be presumed to arise
29out of and in the course of employment. This presumption is
30disputable and may be controverted by other evidence, but unless
31controverted by other evidence, the appeals board is bound to find
32in accordance with it. The presumption shall be extended to a
33member following termination of service for a period of three
34calendar months for each full year of the requisite service, but not
35to exceed 60 months in any circumstance, commencing with the
36last date actually worked in the specified capacity.

37(d) Hernia, heart trouble, or pneumonia developing or
38manifesting as described in this section shall not be attributed to
39any disease existing prior to that development or manifestation.

P4    1(e) This section does not apply to persons whose principal duties
2are clerical or otherwise do not clearly fall within the scope of
3active law enforcement, including custody and corrections,
4firefighting, or emergency first aid response service, such as
5stenographers, receptionists, and other office workers.

6

SEC. 3.  

Section 3212.1 of the Labor Code is amended to read:

7

3212.1.  

(a) This section applies to all of the following:

8(1) Active firefighting members, whether those members are
9volunteers, or are partly paid or fully paid, of all of the following
10fire departments:

11(A) A fire department of a city, county, city and county, district,
12or other public or municipal corporation or political subdivision.

13(B) A fire department of the University of California and the
14California State University.

15(C) The Department of Forestry and Fire Protection.

16(D) A county forestry or firefighting department or unit.

17(2) Active firefighting members of a fire department that serves
18a United States Department of Defense installation and who are
19certified by the Department of Defense as meeting its standards
20for firefighters.

21(3) Active firefighting members of a fire department that serves
22a National Aeronautics and Space Administration installation and
23who adhere to training standards established in accordance with
24Article 4 (commencing with Section 13155) of Chapter 1 of Part
252 of Division 12 of the Health and Safety Code.

26(4) Part-time peace officers, as defined in Section 830.1,
27subdivision (a) of Section 830.2, and subdivisions (a) and (b) of
28Section 830.37, of the Penal Code, who are primarily engaged in
29active law enforcement activities, and full-time peace officers
30described in Chapter 4.5 (commencing with Section 830) of Title
313 of Part 2 of the Penal Code.

32(5) (A) Fire and rescue services coordinators who work for the
33Office of Emergency Services.

34(B) For purposes of this paragraph, “fire and rescue services
35coordinators” means coordinators with any of the following job
36classifications: coordinator, senior coordinator, or chief
37coordinator.

38(6) begin deleteUpon the approval of an ordinance or resolution adopted by
39the governing body of the contracting public agency, or the
40adoption of language to this effect in a city or county charter, or
P5    1pursuant to the terms and conditions of employment set forth in a
2collective bargaining agreement, a end delete
begin insertA end insertcustody assistant, correctional
3officer, security officer, or security assistant employed by a public
4agency, or a peace officer other than a peace officer described in
5Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
6of the Penal Code.

7(b) The term “injury,” as used in this division, includes cancer,
8including leukemia, that develops or manifests itself during a period
9in which any member described in subdivision (a) is in the service
10of the department or unit, if the member demonstrates that he or
11she was exposed, while in the service of the department or unit,
12to a known carcinogen as defined by the International Agency for
13Research on Cancer, or as defined by the director.

14(c) The compensation that is awarded for cancer shall include
15full hospital, surgical, medical treatment, disability indemnity, and
16death benefits, as provided by this division.

17(d) The cancer so developing or manifesting itself in these cases
18shall be presumed to arise out of and in the course of the
19employment. This presumption is disputable and may be
20controverted by evidence that the primary site of the cancer has
21been established and that the carcinogen to which the member has
22demonstrated exposure is not reasonably linked to the disabling
23cancer. Unless so controverted, the appeals board is bound to find
24in accordance with the presumption. This presumption shall be
25extended to a member following termination of service for a period
26of three calendar months for each full year of the requisite service,
27but not to exceed 120 months in any circumstance, commencing
28with the last date actually worked in the specified capacity.

29(e) The amendments to this section enacted during the 1999
30portion of the 1999-2000 Regular Session shall be applied to
31claims for benefits filed or pending on or after January 1, 1997,
32including, but not limited to, claims for benefits filed on or after
33that date that have previously been denied, or that are being
34appealed following denial.

35(f) This section shall be known, and may be cited, as the William
36Dallas Jones Cancer Presumption Act of 2010.

37

SEC. 4.  

Section 3212.5 of the Labor Code is repealed.

38

SEC. 5.  

Section 3212.5 is added to the Labor Code, to read:

39

3212.5.  

(a) The term “injury” as used in this division includes
40heart trouble and pneumonia that develops or manifests itself
P6    1during a period while a person described in this subdivision is in
2the service of the agency, department, or office as described in
3this subdivision, and the compensation that is awarded for heart
4trouble or pneumonia as described in this section shall include full
5hospital, surgical, medical treatment, disability indemnity, and
6death benefits as provided by the provisions of this division for
7the following persons when those persons are employed upon a
8regular, full-time salary:

9(1) A peace officer described in Chapter 4.5 (commencing with
10Section 830) of Title 3 of Part 2 of the Penal Code who is employed
11on a regular, full-time salary.

12(2) An inspector or investigator in a district attorney’s office of
13a county who is employed on a regular, full-time salary.

14(3) begin deleteUpon the approval of an ordinance or resolution adopted by
15the governing body of the contracting public agency, or the
16adoption of language to this effect in a city or county charter, or
17pursuant to the terms and conditions of employment set forth in a
18collective bargaining agreement, a end delete
begin insertA end insertcustody assistant, correctional
19officer, security officer, or security assistant employed by a public
20agency, or a peace officer other than a peace officer described in
21Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
22of the Penal Code.

23(b) The heart trouble or pneumonia so developing or manifesting
24itself shall be presumed to arise out of and in the course of the
25employment; provided, however, that the person shall have served
26five years or more in that capacity before the presumption shall
27arise as to the compensability of heart trouble so developing or
28manifesting itself. This presumption is disputable and may be
29controverted by other evidence, but, unless so controverted, the
30appeals board is bound to find in accordance with it. This
31presumption shall be extended to a person following termination
32of service for a period of three calendar months for each full year
33of the requisite service, not to exceed 60 months in any
34circumstance, commencing with the last date actually worked in
35the specified capacity.

36(c) The heart trouble or pneumonia so developing or manifesting
37itself in these cases shall in no case be attributed to any disease
38existing prior to its development or manifestation.

39

SEC. 6.  

Section 3212.6 of the Labor Code is repealed.

40

SEC. 7.  

Section 3212.6 is added to the Labor Code, to read:

P7    1

3212.6.  

(a) (1) The term “injury” includes tuberculosis that
2develops or manifests itself during a period while a person
3described in this paragraph is in the service of the agency,
4department, or office as described in this paragraph and the
5compensation that is awarded for the tuberculosis shall include
6full hospital, surgical, medical treatment, disability indemnity, and
7death benefits as provided by the provisions of this division for
8the following persons:

9(A) A peace officer described in Chapter 4.5 (commencing with
10Section 830) of Title 3 of Part 2 of the Penal Code if that person
11is employed upon a regular, full-time salary.

12(B) An inspector or investigator in a district attorney’s office
13of a county who is employed on a regular, full-time salary.

14(C) A prison or jail guard or correctional officer who is
15employed by a public agency if that person is employed upon a
16regular, full-time salary.

17(D) begin deleteUpon the approval of an ordinance or resolution adopted
18by the governing body of the contracting public agency, or the
19adoption of language to this effect in a city or county charter, or
20pursuant to the terms and conditions of employment set forth in a
21collective bargaining agreement, a end delete
begin insertA end insertcustody assistant, correctional
22officer, security officer, or security assistant employed by a public
23agency, or a peace officer other than a peace officer described in
24Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
25of the Penal Code, if that person is employed upon a regular,
26full-time salary.

27(E) A member of a fire department of any city, county, or
28district, or other public or municipal corporations or political
29subdivisions, if that person is employed on a regular, fully paid
30basis.

31(F) An active firefighting member of the Department of Forestry
32and Fire Protection whose duties require firefighting and first aid
33response services, or of a county forestry or firefighting department
34or unit, if that person is employed on a regular, fully paid basis.

35(2) The tuberculosis developing or manifesting itself as
36described in paragraph (1) shall be presumed to arise out of and
37in the course of the employment. This presumption is disputable
38and may be controverted by other evidence, but unless so
39controverted, the appeals board is bound to find in accordance
40with it. This presumption shall be extended to a person described
P8    1in paragraph (1) following termination of service for a period of
2three calendar months for each full year of the requisite service,
3but not to exceed 60 months in any circumstance, commencing
4with the last date actually worked in the specified capacity.

5(b) A public entity may require applicants for employment in
6firefighting positions who would be entitled to the benefits granted
7by this section to be tested for infection for tuberculosis.

8(c) This section does not apply to persons whose principal duties
9are clerical or otherwise do not clearly fall within the scope of
10active law enforcement, including custody and corrections,
11firefighting, or emergency first aid response service, such as
12stenographers, receptionists, and other office workers.

13

SEC. 8.  

Section 3212.85 of the Labor Code is repealed.

14

SEC. 9.  

Section 3212.85 is added to the Labor Code, to read:

15

3212.85.  

(a) The term “injury,” as used in this division,
16includes illness or resulting death due to exposure to a biochemical
17substance that develops or occurs during a period in which a person
18described in this subdivision is in the service of the agency,
19department, or unit as described in this subdivision:

20(1) A part-time peace officer described in Sections 830.1 to
21830.5, inclusive, of, or a full-time peace officer described in,
22Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
23of the Penal Code.

24(2) A member of a fire department.

25(3)  begin deleteUpon the approval of an ordinance or resolution adopted by
26the governing body of the contracting public agency, or the
27adoption of language to this effect in a city or county charter, or
28pursuant to the terms and conditions of employment set forth in a
29collective bargaining agreement, a end delete
begin insertA end insertcustody assistant, correctional
30officer, security officer, or security assistant employed by a public
31agency, or a peace officer other than a peace officer described in
32Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
33of the Penal Code.

34(b) The compensation that is awarded for injury pursuant to this
35section shall include full hospital, surgical, medical treatment,
36disability indemnity, and death benefits, as provided by this
37division.

38(c) The injury that develops or manifests itself in these cases
39shall be presumed to arise out of, and in the course of, the
40employment. This presumption is disputable and may be
P9    1controverted by other evidence. Unless controverted, the appeals
2board is bound to find in accordance with the presumption. This
3presumption shall be extended to a person described in subdivision
4(a) following termination of service for a period of three calendar
5months for each full year of the requisite service, but not to exceed
660 months in any circumstance, commencing with the last date
7actually worked in the specified capacity.

8(d) For purposes of this section, the following definitions apply:

9(1) “Biochemical substance” means any biological or chemical
10agent that may be used as a weapon of mass destruction, including,
11but not limited to, any chemical warfare agent, weaponized
12biological agent, or nuclear or radiological agent, as these terms
13are defined in Section 11417 of the Penal Code.

14(2) “Member of a fire department” includes, but is not limited
15to, an apprentice, volunteer, partly paid, or fully paid member of
16any of the following:

17(A) A fire department of a city, county, city and county, district,
18or other public or municipal corporation or political subdivision.

19(B) A fire department of the University of California and the
20California State University.

21(C) The Department of Forestry and Fire Protection.

22(D) A county forestry or firefighting department or unit.

23

SEC. 10.  

Section 3212.9 of the Labor Code is repealed.

24

SEC. 11.  

Section 3212.9 is added to the Labor Code, to read:

25

3212.9.  

(a) The term “injury” includes meningitis that develops
26or manifests itself when one of the following persons is in the
27service of the agency, department, or unit as described in this
28subdivision and the compensation that is awarded for meningitis
29shall include full hospital, surgical, medical treatment, disability
30indemnity, and death benefits as provided by this division:

31(1) A peace officer described in Chapter 4.5 (commencing with
32Section 830) of Title 3 of Part 2begin insert of theend insert Penal Code who is employed
33on a regular, full-time salary.

34(2) An inspector or investigator in a district attorney’s office of
35a county whose principal duties consist of active law enforcement
36service and who is employed on a regular, full-time salary.

37(3) A member of a fire department of any city, county, or
38district, or other public or municipal corporation or political
39subdivision, or a county forestry or firefighting department or unit,
40who is employed on a regular, full-time salary.

P10   1(4) begin deleteUpon the approval of an ordinance or resolution adopted by
2the governing body of the contracting public agency, or the
3adoption of language to this effect in a city or county charter, or
4pursuant to the terms and conditions of employment set forth in a
5collective bargaining agreement, a end delete
begin insertA end insertcustody assistant, correctional
6officer, security officer, or security assistant employed by a public
7agency, or a peace officer other than a peace officer described in
8Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
9of the Penal Code who is employed on a regular, full-time salary.

10(b) For purposes of this section, meningitis shall be presumed
11to arise out of, and in the course of, the employment. This
12presumption is disputable and may be controverted by other
13evidence, but unless so controverted, the appeals board is bound
14to find in accordance with it. This presumption shall be extended
15to a person following termination of service for a period of three
16calendar months for each full year of the requisite service, but not
17to exceed 60 months in any circumstance, commencing with the
18last date actually worked in the specified capacity.

19(c) This section does not apply to persons whose principal duties
20are clerical or otherwise do not clearly fall within the scope of
21active law enforcement, including custody and corrections, or
22firefighting, such as stenographers, receptionists, and other office
23workers.



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