BILL NUMBER: SB 77	CHAPTERED  09/07/99

	CHAPTER   358
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 7, 1999
	PASSED THE SENATE   AUGUST 24, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   JULY 6, 1999
	AMENDED IN ASSEMBLY   JUNE 28, 1999
	AMENDED IN SENATE   MARCH 25, 1999

INTRODUCED BY   Senator Murray
   (Coauthors:  Senators Costa and Solis)
   (Coauthors:  Assembly Members Aroner and Calderon)

                        DECEMBER 7, 1998

   An act to amend Section 5406 of, and to add Section 5406.6 to, the
Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 77, Murray.  Workers' compensation:  death benefits:  statute
of limitations.
   Existing law specifies the time period within which various
proceedings may be commenced under provisions of law relating to
workers' compensation.  In general, a proceeding to collect death
benefits is required to be commenced within one year from the date of
death or, in some cases, from the last furnishing of benefits.
However, no proceedings may be commenced more than 240 weeks from the
date of injury.
   This bill would enact the Cliff Ojala Death Benefits Act, which
would require that a proceeding to collect those benefits for the
death of a health care worker, public safety employee, or certain
correctional peace officers from an HIV-related disease be commenced
within one year from the date of death, provided that certain events
have occurred.
   The bill would make legislative findings and declarations.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the Cliff
Ojala Death Benefits Act.
  SEC. 2.  The Legislature finds and declares as follows:
   (a) An HIV-infected worker may be asymptomatic for as long as 10
years.
   (b) The current statute of limitations restricts the ability of
the surviving spouse and other dependents of a worker who is infected
with HIV in the workplace to file a workers' compensation claim for
death benefits if the worker does not die of the disease within 240
weeks of the date of injury.
   (c) It is the intent of the Legislature to ensure that the
dependents of workers whose death is caused by an HIV infection
sustained in the workplace will receive the death benefits provided
by the Labor Code even though the death may occur more than 240 weeks
after the date of the initial injury.
  SEC. 3.  Section 5406 of the Labor Code is amended to read:
   5406.  Except as provided in Section 5406.5 or 5406.6, the period
within which may be commenced proceedings for the collection of the
benefits provided by Article 4 (commencing with Section 4700) of
Chapter 2 of Part 2 is one year from:
   (a) The date of death where death occurs within one year from date
of injury; or
   (b) The date of last furnishing of any benefits under Chapter 2
(commencing with Section 4550) of Part 2, where death occurs more
than one year from the date of injury; or
   (c) The date of death, where death occurs more than one year after
the date of injury and compensation benefits have been furnished.
   No such proceedings may be commenced more than one year after the
date of death, nor more than 240 weeks from the date of injury.
  SEC. 4.  Section 5406.6 is added to the Labor Code, to read:
   5406.6.  (a) In the case of the death of a health care worker, a
worker described in Section 3212, or a worker described in Section
830.5 of the Penal Code from an HIV-related disease, the period
within which proceedings may be commenced for the collection of
benefits provided by Article 4 (commencing with Section 4700) of
Chapter 2 of Part 2 is one year from the date of death, providing
that one or more of the following events has occurred:
   (1) A report of the injury or exposure was made to the employer or
to a governmental agency authorized to administer industrial injury
claims, within one year of the date of the injury.
   (2) The worker has complied with the notice provisions of this
chapter and the claim has not been finally determined to be
noncompensable.
   (3) The employer provided, or was ordered to provide, workers'
compensation benefits for the injury prior to the date of death.
   (b) For the purposes of this section, "health care worker" means
an employee who has direct contact, in the course of his or her
employment, with blood or other bodily fluids contaminated with
blood, or with other bodily fluids identified by the Division of
Occupational Safety and Health as capable of transmitting HIV, who is
either (1) any person who is an employee of a provider of health
care, as defined in subdivision (d) of Section 56.05 of the Civil
Code, including, but not limited to, a registered nurse, licensed
vocational nurse, certified nurse aide, clinical laboratory
technologist, dental hygienist, physician, janitor, or housekeeping
worker, or (2) an employee who provides direct patient care.