Amended in Assembly August 19, 2016

Amended in Assembly June 16, 2016

Amended in Senate May 11, 2016

Amended in Senate March 29, 2016

Senate Bill No. 897

Introduced by Senator Roth

(Coauthor: Senator Stone)

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:

SECTION 1.  

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

4850.1.  

(a) (1) (A) For purposes of this section, “catastrophic
injury at the hands of another” begin delete includes end delete begin insert is defined as end insert the following
injuries: severe burns, severe bodily injuries resulting from the
collapse of a building, begin delete and end delete begin insert or end insert severe bodily injuries resulting from
a begin delete shooting or stabbing. end delete begin insert shooting, stabbing, or battery. end insert

begin insert

(B) For purposes of this section, “severe” means loss of limb,
cognitive function, or other major bodily function that substantially
jeopardizes the injured worker’s permanent ability to regain
maximum function.

end insert begin delete

(B)

end delete

begin insert (C) end insert  A catastrophic injury must have been incurred, during duty,
through the direct result of the actions of begin delete another, including a
battery. end delete begin insert another. end insert

(2) A “catastrophic injury at the hands of another” shall also
include a catastrophic injury as described in subparagraph (A) of
paragraph (1) that occurs during active firefighting operations
without respect to the cause of the fire.

(b) Whenever any person listed in subdivision (c), who is
employed on a regular, full-time basis, and is temporarily disabled,
as determined by a physician, by a catastrophic injury 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.

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

(1) City police officers.

(2) City, county, or district firefighters.

(3) Sheriffs.

(d) This section shall apply only to persons listed in subdivision
(c) who meet the requirements of subdivision (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.

(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.

(f) No leave of absence taken pursuant to this section by a city,
county, or district 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.