BILL NUMBER: AB 664	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 25, 2009

   An act to add Section 3212.13 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 664, as introduced, Skinner. Workers' compensation: hospital
employees: presumption.
   Existing law provides that an injury of an employee arising out of
and in the course of employment is generally compensable through the
workers' compensation system. Existing law provides that, in the
case of certain public employees, the term "injury" includes heart
trouble, hernia, pneumonia, human immunodeficiency virus, lower back
impairment, and other injuries and diseases.
   This bill would provide, with respect to hospital employees, that
the term "injury" includes a blood-borne infectious disease, neck or
back impairment, or methicillin-resistant Staphylococcus aureus that
develops or manifests itself during the period of the person's
employment with the hospital.
   This bill would further create a rebuttable presumption that the
above injury arises out of and in the course of the person's
employment if it develops or manifests during the period of the
employment.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 3212.13 is added to the Labor Code, to read:
   3212.13.  (a) In the case of a hospital employee, the term
"injury," as used in this section, includes a blood-borne infectious
disease, neck or back impairment, or methicillin-resistant
Staphylococcus aureus (MRSA) that develops or manifests itself during
a period of the person's employment with the hospital. The
compensation awarded for that injury shall include full hospital,
surgical, medical treatment, disability indemnity, and death
benefits, as provided by this division.
   (b) The blood-borne infectious disease, neck or back impairment,
or MRSA so developing or manifesting itself shall be presumed to
arise out of and in the course of employment. This presumption is
disputable and may be controverted by other evidence, but unless so
controverted, the appeals board shall so find. This presumption shall
be extended to a hospital employee 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.
   (c) A blood-borne infectious disease so developing or manifesting
itself in these cases shall not be attributed to any disease existing
prior to that development or manifestation.