BILL NUMBER: SB 897	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2016

INTRODUCED BY   Senator Roth

                        JANUARY 21, 2016

   An act to add Section 4850.1 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 897, as amended, Roth. Workers' compensation.
   Existing law provides that certain peace officers, firefighters,
and other specified public employees are entitled to a leave of
absence without loss of salary while disabled by injury or illness
arising out of and in the course of employment, for the period of the
disability, not to exceed one year. The leave of absence is in lieu
of temporary disability payments or maintenance allowance payments
otherwise payable under the workers' compensation system.
   This bill would allow certain employees of local agencies,
including police officers, firefighters, and sheriffs, an additional
year of a leave of absence without loss of  salary, as
specified.   salary when injured by a  
catastrophic injury at the hands of another, as defined. 
   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 4850.1 is added to the Labor Code, to read:
   4850.1.  (a)  For purposes of this section, "catastrophic
injury at the hands of another" includes the following injuries:
severe burns, severe bodily injuries resulting from a building
collapse, and severe bodily injuries resulting from a shooting or
stabbing. A catastrophic injury   must have been incurred,
during duty, through the direct result of the actions of another,
including a battery, or through active firefighting operations
without respect to the cause of the fire. 
    (b)    Whenever any person listed in 
subdivision (b),   this subdivision,  who is
employed on a regular, full-time basis, and is  disabled,
whether temporarily or permanently,   temporarily
disabled, as determined by a physician,  by a catastrophic
injury  arising out of and in the course of his or her
duties,   at the hands of another,  he or she shall
become entitled, regardless of his or her period of service with the
city, county, or district, to a leave of absence while so disabled
without loss of salary in lieu of temporary disability payments or
maintenance allowance payments, if any, that would be payable under
this chapter, for the period of the disability, and an additional
year to the one-year period pursuant to Section 4850, but no more
than two years total, or until that earlier date as he or she is
retired on permanent disability pension, and is actually receiving
disability pension payments, or advanced disability pension payments
pursuant to Section 4850.3. 
   (b) 
    (c)  The persons eligible under subdivision  (a)
  (b)  include all of the following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs. 
   (c) 
    (d)  This section shall apply only to persons listed in
subdivision  (b)   (c)  who meet the
requirements of subdivision  (a),  (b), 
and shall not include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service. 
   (d) 
    (e)  If the employer is insured, the payments that,
except for this section, the insurer would be obligated to make as
disability indemnity to the injured, the insurer may pay to the
insured. 
   (e) 
    (f)  No leave of absence taken pursuant to this section
by a city, county, or district  firefighter,  
firefighter  shall be deemed to constitute family care and
medical leave, as defined in Section 12945.2 of the Government Code,
or to reduce the time authorized for family care and medical leave by
Section 12945.2 of the Government Code. 
   (g) This section shall not apply to any persons described in
paragraph (1) or (2) of subdivision (c) who are employees of the City
and County of San Francisco.  
   (h) A benefit received pursuant to this section is a temporary
disability benefit and is subject to the aggregate disability
payments time limit pursuant to subdivision (c) of Section 4656.