Amended in Senate May 11, 2016

Amended in Senate March 29, 2016

Senate BillNo. 897


Introduced by Senator Roth

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(Coauthor: Senator Stone)

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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 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:

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SECTION 1.  

Section 4850.1 is added to the Labor Code, to
2read:

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4850.1.  

(a) For purposes of this section, “catastrophic injury
2at the hands of another” includes the following injuries: severe
3burns, severe bodily injuries resulting frombegin delete a building collapse,end delete
4begin insert the collapse of a building,end insert and severe bodily injuries resulting from
5a shooting or stabbing. A catastrophic injury must have been
6incurred, during duty, through the direct result of the actions of
7another, including a battery, or through active firefighting
8operations without respect to the cause of the fire.

9(b) Whenever any person listed in this subdivision, who is
10employed on a regular, full-time basis, and is temporarily disabled,
11as determined by a physician, by a catastrophic injury at the hands
12of another, he or she shall become entitled, regardless of his or her
13period of service with the city, county, or district, to a leave of
14absence while so disabled without loss of salary in lieu of
15temporary disability payments or maintenance allowance payments,
16if any, that would be payable under this chapter, for the period of
17the disability, and an additional year to the one-year period
18pursuant to Section 4850, but no more than two years total, or until
19that earlier date as he or she is retired on permanent disability
20pension, and is actually receiving disability pension payments, or
21advanced disability pension payments pursuant to Section 4850.3.

22(c) The persons eligible under subdivision (b) include all of the
23following:

24(1) City police officers.

25(2) City, county, or district firefighters.

26(3) Sheriffs.

27(d) This section shall apply only to persons listed in subdivision
28 (c) who meet the requirements of subdivision (b), and shall not
29include any of the following:

30(1) Employees of a police department whose principal duties
31are those of a telephone operator, clerk, stenographer, machinist,
32mechanic, or otherwise, and whose functions do not clearly fall
33within the scope of active law enforcement service.

34(2) Employees of a county sheriff’s office whose principal duties
35are those of a telephone operator, clerk, stenographer, machinist,
36mechanic, or otherwise, and whose functions do not clearly come
37within the scope of active law enforcement service.

38(3) Employees of a city fire department, county fire department,
39or fire district whose principal duties are those of a telephone
40operator, clerk, stenographer, machinist, mechanic, or otherwise,
P3    1and whose functions do not clearly fall within the scope of active
2firefighting and prevention service.

3(e) If the employer is insured, the payments that, except for this
4section, the insurer would be obligated to make as disability
5indemnity to the injured, the insurer may pay to the insured.

6(f) No leave of absence taken pursuant to this section by a city,
7county, or district firefighter shall be deemed to constitute family
8care and medical leave, as defined in Section 12945.2 of the
9Government Code, or to reduce the time authorized for family care
10and medical leave by Section 12945.2 of the Government Code.

11(g) This section shall not apply to any persons described in
12paragraph (1) or (2) of subdivision (c) who are employees of the
13City and County of San Francisco.

14(h) A benefit received pursuant to this section is a temporary
15disability benefit and is subject to the aggregate disability payments
16time limit pursuant to subdivision (c) of Section 4656.



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