BILL ANALYSIS
SB 942
Page 1
SENATE THIRD READING
SB 942 (Migden)
As Amended September 6, 2007
Majority vote
SENATE VOTE :23-15
INSURANCE 7-3
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|Ayes:|Coto, Berg, Charles | | |
| |Calderon, Carter, De | | |
| |Leon, Lieber, Parra | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Benoit, Duvall, Garrick | | |
| | | | |
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SUMMARY : Provides a financial incentive for injured employees
to obtain education and career retraining. Specifically, this
bill :
1)Entitles employees injured after January 1, 2008, to
supplemental job displacement benefits in the form of a
voucher for education-related retraining and/or skill
enhancement at state accredited schools if the employee
experiences permanent partial disability and the injured
employee does not return to work within 60 days after the
disability becomes permanent and stationary, with specified
exceptions. The exceptions are that the employer would not be
liable for these supplemental job displacement benefits if the
employer offers the injured employee regular work, modified
work, or alternative work in the manner prescribed by the
Administrative Director of the Division of Workers'
Compensation, and the work lasts for a period of at least 12
months.
2)Sets $10,000 as the maximum amount for this education and
skill-related voucher, and further specifies that the maximum
amount of the voucher for tuition, fees, books, and other
expenses for a school shall not exceed $5,000 per year.
3)Makes a technical correction to a section of law concerning
alternative dispute resolutions in the horse racing industry.
SB 942
Page 2
4)Double-joints this bill to AB 1636 (Mendoza) in order to avoid
chaptering out problems.
EXISTING LAW :
1)Makes an injured worker eligible for a supplemental job
displacement benefit in the form of a voucher for
education-related retraining and/or skill enhancement at
state-approved or accredited schools if the worker has
experienced a permanent partial disability and the injured
employee does not return to work for the employer within 60
days of the termination of temporary disability, with
specified exceptions .
2)Specifies the following exceptions in which an employer is not
liable for the supplemental job displacement benefit:
a) If the employer, within 30 days of the termination of
temporary disability benefits, offers and the employee
rejects or fails to accept modified work accommodating the
employee's work restrictions, and lasting at least 12
months; or,
b) If the employer, within 30 days of the termination of
temporary disability benefits, offers and the employee
rejects or fails to accept alternative work in which the
employee has the ability to perform the essential
functions, the job is in a regular position lasting at
least 12 months, the job pays wages and compensation within
15% of those paid to the employee at the time of injury,
and the job is located within commuting distance of the
employee's residence at the time of the injury.
3)Declares that it is the policy of this state that there should
not be discrimination against workers who are injured in the
course and scope of their employment.
4)Makes it unlawful for an employer to discharge or threaten to
discharge, or in any other manner discriminates against, any
employee who files a workers' compensation claim. Violation
of this law is a misdemeanor and the employee's compensation
must be increased by one-half, but not to exceed $10,000,
together with costs and expenses not to exceed $250.
SB 942
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5)Specifies that the employee is entitled to reinstatement and
reimbursement for lost wages and work benefits caused by the
acts of the employer.
FISCAL EFFECT : Undetermined.
COMMENTS :
According to the author, the purpose of the bill is help
formerly injured workers return to work.
The author states that the best outcome of a workers'
compensation case is that an injured worker receives medical
treatment, fully recovers, and returns to his or her work. In
some types of injuries, it is helpful to obtain education and
career training in order to better compete in the workplace.
The supplemental job displacement benefits are directed to
helping injured workers in that manner.
Analysis Prepared by : Manny Hernandez / INS. / (916) 319-2086
FN: 0003155