SB 623, as amended, Lara. Workers’ compensation: benefits.
Existing law generally requires an employer to compensate, without regard to negligence, an employee for an injury sustained by the employee if the injury arose out of, and in the course of, employment, as specified. Existing law also establishes the Uninsured Employers Fund and the Subsequent Injuries Benefits Trust Fund, both continuously appropriated funds. In the event that an employer fails to pay compensation as required, then the employee may apply to be paid by the Director of Industrial Relations from the Uninsured Employers Benefits Trust Fund. In the event that a permanently, partially disabled employee receives a later, compensable injury resulting in additional permanent disability, then that employee shall receive compensation from the Subsequent Injuries Benefits Trust Fund.
This bill would provide that a person shall not be excluded from receiving benefits under the Uninsured Employers Fund or the Subsequent Injuries Benefits Trust Fund based on his or her citizenship or immigration status.begin insert The bill would provide that these provisions are declaratory of existing law.end insert
By increasing the number of applicants eligible for a continuously appropriated fund, this bill would make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3733 is added to the Labor Code, to read:
(a) The Legislature finds and declares that it is in the
3best interest of the State of California to provide a person,
4regardless of his or her citizenship or immigration status, with the
5benefits provided pursuant to this article, and therefore enacts this
6section pursuant to Section 1621(d) of Title 8 of the United States
7Code.
8(b) A person shall not be prohibited from receiving
9compensation paid or payable from the Uninsured Employers
10Benefits Trust Fund solely because of his or her citizenship or
11immigration status.
12(c) It is the intent of the Legislature to override Section 15740
13of Article 1 of
Subchapter 2.1.1 of Chapter 8 of Division 1 of Title
148 of the California Code of Regulations.
15(d) The provisions of this section are declaratory of existing
16law.
Section 4756 is added to the Labor Code, to read:
(a) The Legislature finds and declares that it is in the
19best interest of the State of California to provide a person,
20regardless of his or her citizenship or immigration status, with the
21benefits provided pursuant to this article, and therefore enacts this
22section pursuant to Section 1621(d) of Title 8 of the United States
23Code.
24(b) A person shall not be prohibited from receiving
25compensation paid or payable from the Subsequent Injuries
26Benefits Trust Fund solely because of his or her citizenship or
27immigration status.
28(c) It is the intent of the Legislature to override Section 15740
29of Article 1
of Subchapter 2.1.1 of Chapter 8 of Division 1 of Title
308 of the California Code of Regulations.
31(d) The provisions of this section are declaratory of existing
32law.
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