BILL NUMBER: AB 586 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2009
INTRODUCED BY Assembly Member Huber
FEBRUARY 25, 2009
An act to amend Sections 3212, 3212.1, 3212.5, 3212.6,
3212.8, 3212.85, and 3212.9 of the Labor Code, relating to
workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 586, as amended, 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, cancer, leukemia, heart trouble, pneumonia,
illness or resulting death due to exposure to a biochemical
substance, 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 presumptions 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.
This bill would, with respect to law enforcement personnel,
specify certain peace officers to whom the disputable presumptions
apply.
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
peace officers described in Sections 830.1 to 830.38,
inclusive, of the Penal Code and members of fire departments of
cities, counties, cities and counties, districts, or other public or
municipal corporati ons or political subdivisions, 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 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 3212.1 of the Labor
Code is amended to read:
3212.1. (a) This section applies to all of the following:
(1) Active firefighting members, whether volunteers, partly paid,
or fully paid, of all of the following fire departments:
(A) A fire department of a city, county, city and county,
district, or other public or municipal corporation or political
subdivision.
(B) A fire department of the University of California and the
California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
(2) Active firefighting members of a fire department that serves a
United States Department of Defense installation and who are
certified by the Department of Defense as meeting its standards for
firefighters.
(3) Peace officers, as defined in Section 830.1,
subdivision (a) of Section 830.2, and subdivisions (a) and (b) of
Section 830.37, of the Penal Code, described in
Sections 830.1 to 830.38, inclusive, of the Penal Code, who are
primarily engaged in active law enforcement activities.
(4) (A) Fire and rescue services coordinators who work for the
Office of Emergency Services.
(B) For purposes of this paragraph, "fire and rescue services
coordinator" means a coordinator with any of the following job
classifications: coordinator, senior coordinator, or chief
coordinator.
(b) The term "injury," as used in this division, includes cancer,
including leukemia, that develops or manifests itself during a period
in which any member described in subdivision (a) is in the service
of the department or unit, if the member demonstrates that he or she
was exposed, while in the service of the department or unit, to a
known carcinogen as defined by the International Agency for Research
on Cancer, or as defined by the director.
(c) The compensation that is awarded for cancer shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.
(d) The cancer so developing or manifesting itself in these cases
shall be presumed to arise out of and in the course of the
employment. This presumption is disputable and may be controverted by
evidence that the primary site of the cancer has been established
and that the carcinogen to which the member has demonstrated exposure
is not reasonably linked to the disabling cancer. Unless so
controverted, the appeals board is bound to find in accordance with
the presumption. 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.
(e) The amendments to this section enacted during the 1999 portion
of the 1999-2000 Regular Session shall be applied to claims for
benefits filed or pending on or after January 1, 1997, including, but
not limited to, claims for benefits filed on or after that date that
have previously been denied, or that are being appealed following
denial.
SEC. 3. Section 3212.5 of the Labor
Code is amended to read:
3212.5. In the case of a member of a police department
of a city or municipality, or a member of the State Highway Patrol,
a peace officer, as described in Sections 830.1 to
830.38, inclusive, of the Penal Code, when any such
member that peace officer is employed upon a
regular, full-time salary, and in the case of a sheriff or
deputy sheriff, or an inspector or investigator in a district
attorney's office of any county, employed upon a regular, full-time
salary, the term "injury" as used in this division includes
heart trouble and pneumonia which that
develops or manifests itself during a period while such
member, sheriff, or deputy sheriff, inspector or investigator
the peace officer is in the service of
the police department, the State Highway Patrol, the sheriff's office
or the district attorney's office, as the case may be
his or her agency . The compensation which
that is awarded for such the
heart trouble or pneumonia shall include full hospital, surgical,
medical treatment, disability indemnity, and death benefits as
provided by the provisions of this division.
Such
The heart trouble or pneumonia so developing or
manifesting itself shall be presumed to arise out of and in the
course of the employment; provided, however, that the member
of the police department, State Highway Patrol, the sheriff or
deputy sheriff, or an inspector or investigator in a district
attorney's office of any county peace officer
shall have served five years or more in such
that capacity before the presumption shall arise as to the
compensability of heart trouble so developing or manifesting itself.
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 peace officer 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.
Such
The heart trouble or pneumonia so developing or
manifesting itself in such these cases
shall in no case be attributed to any disease existing prior to
such the development or manifestation.
The term "members" as used herein shall be limited to those
employees of police departments, the California Highway Patrol and
sheriffs' departments and inspectors and investigators of a district
attorney's office who are defined as peace officers in Section 830.1,
830.2, or 830.3 of the Penal Code.
SEC. 2. SEC. 4. 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, 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 peace officers described in Sections
830.1 to 830.38, inclusive, of the Penal Code, 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. SEC. 5. 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 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. 6. Section 3212.85 of the Labor
Code is amended to read:
3212.85. (a) This section applies to peace officers described in
Sections 830.1 to 830.5 830.38 ,
inclusive, of the Penal Code, and members of a fire department.
(b) The term "injury," as used in this division, includes illness
or resulting death due to exposure to a biochemical substance that
develops or occurs during a period in which any member described in
subdivision (a) is in the service of the department or unit.
(c) The compensation that is awarded for injury pursuant to this
section shall include full hospital, surgical, medical treatment,
disability indemnity, and death benefits, as provided by this
division.
(d) The injury that develops or manifests itself in these 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. Unless controverted, the appeals board is bound to
find in accordance with the presumption. 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.
(e) For purposes of this section, the following definitions apply:
(1) "Biochemical substance" means any biological or chemical agent
that may be used as a weapon of mass destruction, including, but not
limited to, any chemical warfare agent, weaponized biological agent,
or nuclear or radiological agent, as these terms are defined in
Section 11417 of the Penal Code.
(2) "Members of a fire department" includes, but is not limited
to, an apprentice, volunteer, partly paid, or fully paid member of
any of the following:
(A) A fire department of a city, county, city and county,
district, or other public or municipal corporation or political
subdivision.
(B) A fire department of the University of California and the
California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
SEC. 4. SEC. 7. 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, 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 peace officer described in Sections 830.1
to 830. 38, inclusive, of the Penal Code, 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.