BILL NUMBER: AB 586	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 25, 2009

   An act to amend Sections 3212, 3212.6, 3212.8, and 3212.9 of the
Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 586, as introduced, Huber. Workers' compensation: public
employees: medical conditions.
   Existing workers' compensation law generally requires employers to
secure the payment of workers' compensation, including medical
treatment, for injuries incurred by their employees that arise out
of, or in the course of, employment.
   Existing law provides that, in the case of certain state and local
firefighting and law enforcement personnel, the term "injury"
includes hernia, blood-borne infectious disease,
methicillin-resistant Staphylococcus aureus skin infection,
tuberculosis, and meningitis that develops or manifests itself during
a period while the member is in the service of the governmental
entity, and establishes a disputable presumption in this regard.
   This bill would extend these provisions to members of the police
departments at the University of California (UC) and California State
University (CSU). This bill would also extend these provisions, in
the case of either tuberculosis or meningitis, to members of police
departments of a district and, in the case of a hernia, blood-borne
infectious disease, or methicillin-resistant Staphylococcus aureus
skin infection, to members of fire departments at UC and CSU.
   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 3212 of the Labor Code is amended to read:
   3212.  In the case of members of a sheriff's office or the
California Highway Patrol, district attorney's staff of inspectors
and investigators  ,  or of police or fire departments of
cities, counties, cities and counties, districts  , the
University of California, California State University,  or other
public or municipal corporations or political subdivisions, whether
those members are volunteer, partly paid, or fully paid, and in the
case of active firefighting members of the Department of Forestry and
Fire Protection whose duties require firefighting or of any county
forestry or firefighting department or unit, whether voluntary, fully
paid, or partly paid, and in the case of members of the warden
service of the Wildlife Protection Branch of the Department of Fish
and Game whose principal duties consist of active law enforcement
service, excepting those whose principal duties are clerical or
otherwise do not clearly fall within the scope of active law
enforcement service such as stenographers, telephone operators, and
other officeworkers, the term "injury" as used in this act includes
hernia when any part of the hernia develops or manifests itself
during a period while the member is in the service in the office,
staff, division, department, or unit, and in the case of members of
fire departments, except those whose principal duties are clerical,
such as stenographers, telephone operators, and other officeworkers,
and in the case of county forestry or firefighting departments,
except those whose principal duties are clerical, such as
stenographers, telephone operators, and other officeworkers, and in
the case of active firefighting members of the Department of Forestry
and Fire Protection whose duties require firefighting, and in the
case of members of the warden service of the Wildlife Protection
Branch of the Department of Fish and Game whose principal duties
consist of active law enforcement service, excepting those whose
principal duties are clerical or otherwise do not clearly fall within
the scope of active law enforcement service such as stenographers,
telephone operators, and other officeworkers, the term "injury"
includes pneumonia and heart trouble that develops or manifests
itself during a period while the member is in the service of the
office, staff, department, or unit. In the case of regular salaried
county or city and county peace officers, the term "injury" also
includes any hernia that manifests itself or develops during a period
while the officer is in the service. The compensation that is
awarded for the hernia, heart trouble, or pneumonia shall include
full hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by the workers' compensation laws of
this state.
   The hernia, heart trouble, or pneumonia so developing or
manifesting itself in those cases shall be presumed to arise out of
and in the course of the employment. This presumption is disputable
and may be controverted by other evidence, but unless so
controverted, the appeals board is bound to find in accordance with
it. The presumption shall be extended to a member following
termination of service for a period of three calendar months for each
full year of the requisite service, but not to exceed 60 months in
any circumstance, commencing with the last date actually worked in
the specified capacity.
   The hernia, heart trouble, or pneumonia so developing or
manifesting itself in those cases shall in no case be attributed to
any disease existing prior to that development or manifestation.
  SEC. 2.  Section 3212.6 of the Labor Code is amended to read:
   3212.6.  In the case of a member of a police department of a city
 or   ,  county,  district, the
University of California, or California State University,  or a
member of the sheriff's office of a county, or a member of the
California Highway Patrol, or an inspector or investigator in a
district attorney's office of any county whose principal duties
consist of active law enforcement service, or a prison or jail guard
or correctional officer who is employed by a public agency, when that
person is employed upon a regular, full-time salary, or in the case
of members of fire departments of any city, county, or district, or
other public or municipal corporations or political subdivisions,
when those members are employed on a regular fully paid basis, and in
the case of active firefighting members of the Department of
Forestry and Fire Protection whose duties require firefighting and
first-aid response services, or of any county forestry or
firefighting department or unit, where those members are employed on
a regular fully paid basis, excepting those whose principal duties
are clerical or otherwise do not clearly fall within the scope of
active law enforcement, firefighting, or emergency first-aid response
service such as stenographers, telephone operators, and other
officeworkers, the term "injury" includes tuberculosis that develops
or manifests itself during a period while that member is in the
service of that department or office. The compensation that is
awarded for the tuberculosis shall include full hospital, surgical,
medical treatment, disability indemnity, and death benefits as
provided by the provisions of this division.
   The tuberculosis so developing or manifesting itself shall be
presumed to arise out of and in the course of the employment. This
presumption is disputable and may be controverted by other evidence,
but unless so controverted, the appeals board is bound to find in
accordance with it. This presumption shall be extended to a member
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
60 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
   A public entity may require applicants for employment in
firefighting positions who would be entitled to the benefits granted
by this section to be tested for infection for tuberculosis.
  SEC. 3.  Section 3212.8 of the Labor Code is amended to read:
   3212.8.  (a) In the case of members of a sheriff's office, of
police or fire departments of cities, counties, cities and counties,
districts,  the University of California, California State
University,  or other public or municipal corporations or
political subdivisions, or individuals described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
whether those persons are volunteer, partly paid, or fully paid, and
in the case of active firefighting members of the Department of
Forestry and Fire Protection, or of any county forestry or
firefighting department or unit, whether voluntary, fully paid, or
partly paid, excepting those whose principal duties are clerical or
otherwise do not clearly fall within the scope of active law
enforcement service or active firefighting services, such as
stenographers, telephone operators, and other office workers, the
term "injury" as used in this division, includes a blood-borne
infectious disease or methicillin-resistant Staphylococcus aureus
skin infection when any part of the blood-borne infectious disease or
methicillin-resistant Staphylococcus aureus skin infection develops
or manifests itself during a period while that person is in the
service of that office, staff, division, department, or unit. The
compensation that is awarded for a blood-borne infectious disease or
methicillin-resistant Staphylococcus aureus skin infection shall
include, but not be limited to, full hospital, surgical, medical
treatment, disability indemnity, and death benefits, as provided by
the workers' compensation laws of this state.
   (b) (1) The blood-borne infectious disease or
methicillin-resistant Staphylococcus aureus skin infection so
developing or manifesting itself in those cases shall be presumed to
arise out of and in the course of the employment or service. This
presumption is disputable and may be controverted by other evidence,
but unless so controverted, the appeals board is bound to find in
accordance with it.
   (2) The blood-borne infectious disease presumption shall be
extended to a person covered by subdivision (a) following termination
of service for a period of three calendar months for each full year
of service, but not to exceed 60 months in any circumstance,
commencing with the last date actually worked in the specified
capacity.
   (3) Notwithstanding paragraph (2), the methicillin-resistant
Staphylococcus aureus skin infection presumption shall be extended to
a person covered by subdivision (a) following termination of service
for a period of 90 days, commencing with the last day actually
worked in the specified capacity.
   (c) The blood-borne infectious disease or methicillin-resistant
Staphylococcus aureus skin infection so developing or manifesting
itself in those cases shall in no case be attributed to any disease
or skin infection existing prior to that development or
manifestation.
   (d) For  the  purposes of this section,
"blood-borne infectious disease" means a disease caused by exposure
to pathogenic microorganisms that are present in human blood that can
cause disease in humans, including those pathogenic microorganisms
defined as blood-borne pathogens by the Department of Industrial
Relations.
  SEC. 4.  Section 3212.9 of the Labor Code is amended to read:
   3212.9.  In the case of a member of a police department of a city,
county,  or  city and county,  district, the
University of California, or California State University,  or a
member of the sheriff's office of a county, or a member of the
California Highway Patrol, or a county probation officer, or an
inspector or investigator in a district attorney's office of any
county whose principal duties consist of active law enforcement
service, when that person is employed on a regular, full-time salary,
or in the case of a member of a fire department of any city, county,
or district, or other public or municipal corporation or political
subdivision, or any county forestry or firefighting department or
unit, when those members are employed on a regular full-time salary,
excepting those whose principal duties are clerical or otherwise do
not clearly fall within the scope of active law enforcement or
firefighting, such as stenographers, telephone operators, and other
officeworkers, the term "injury" includes meningitis that develops or
manifests itself during a period while that person is in the service
of that department, office, or unit. The compensation that is
awarded for the meningitis shall include full hospital, surgical,
medical treatment, disability indemnity, and death benefits as
provided by the provisions of this division.
   The meningitis so developing or manifesting itself shall be
presumed to arise out of and in the course of the employment. This
presumption is disputable and may be controverted by other evidence,
but unless so controverted, the appeals board is bound to find in
accordance with it. This presumption shall be extended to a person
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
60 months in any circumstance, commencing with the last date
actually worked in the specified capacity.