BILL NUMBER: AB 1994	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 17, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1994, as introduced, Skinner. 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, methicillin-resistant Staphylococcus aureus (MRSA),
or H1N1 influenza virus 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 as specified.
   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.  The Legislature finds and declares all of the
following:
   (a) A person's risk of developing a variety of work-related
illnesses and injuries is influenced by the physical nature of his or
her work and high risk exposure to diseases in the workplace.
   (b) By the nature of their profession, health care workers are in
constant danger of being directly exposed to many infectious diseases
and indirectly exposed through contact with various pieces of
equipment and clothing.
   (c) According to the Office of Statewide Health Planning and
Development, in 1999 there were 13,000 MRSA-infected patients at
hospitals across the state. By 2007, that number had grown fourfold,
to about 52,000 cases.
   (d) According to the Bureau of Labor Statistics, health care
workers, 95 percent of whom are women, lead the nation in the highest
musculoskeletal disorder (MSD) injury rates. As a whole, the health
care sector suffered 66,060 MSDs.
   (e) The National Institute for Occupational Safety and Health
(NIOSH) has estimated that 600,000 to 800,000 needlestick and other
percutaneous injuries occur annually in hospitals in the United
States.
   (f) Public safety employees, such as police officers and
firefighters, already have guaranteed access to the workers'
compensation system for MRSA, HIV, cancer, leukemia, meningitis, back
injuries, and other work-related illnesses and injuries. However,
presumptive eligibility for workers' compensation is nonexistent for
health care workers.
   (g) Due to the rise in work-related illnesses and injuries,
including MSD, MRSA, H1N1 influenza virus, and other blood-borne
diseases, it is most appropriate to protect health care workers by
ensuring access to workers' compensation for health care workers who
suffer workplace injuries or contract infectious diseases.
  SEC. 2.  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, methicillin-resistant
Staphylococcus aureus (MRSA), or H1N1 influenza virus 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) (1) The blood-borne infectious disease, neck or back
impairment, MRSA, or H1N1 influenza virus 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.
   (2) The blood-borne infectious disease and neck or back impairment
presumptions 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 exceed 60 months in any
circumstance, commencing with the last date actually worked.
   (3) The MRSA and H1N1 influenza presumptions shall be extended to
a hospital employee following termination of service for a period of
90 days, commencing with the last day 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.