BILL NUMBER: AB 2269	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Adams
   (Coauthors: Assembly Members Conway, Emmerson, Evans, Gilmore,
Mendoza, and Torres)

                        FEBRUARY 18, 2010

   An act to amend Section 3212.2 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2269, as introduced, Adams. Workers' compensation: injury
presumption: heart trouble.
   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, and in the course of, employment.
   Existing law provides that, in the case of certain officers and
employees of the Department of Corrections and Rehabilitation and
each security officer employed at the Atascadero State Hospital, the
term "injury" includes heart trouble that develops or manifests
itself during a period while the officer or employee is in the
service of the department or hospital, and establishes a disputable
presumption that heart trouble that so develops or manifests itself
arose out of and in the course of the employment.
   This bill would add security officers employed at certain
hospitals, developmental centers, and community centers to the list
of persons to whom the above-described provisions apply.
   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 3212.2 of the Labor Code is amended to read:
   3212.2.  In the case of officers and employees  in the
Department of Corrections having custodial duties, each officer and
employee in the Department of Youth Authority having group
supervisory duties,   of the Department of Corrections
and Rehabilitation having custodial duties or group supervisory
duties  and each security officer employed at the Atascadero
State Hospital  , Canyon Springs Community Facility, Coalinga
State Hospital, Fairview Developmental Center, Lanterman
Developmental Center, Metropolitan State Hospital, Napa State
Hospital, Patton   State Hospital, Porterville Developmental
Center, or Sonoma Developmental Center  , the term "injury"
includes heart trouble  which   that 
develops or manifests itself during a period while  such
  the  officer or employee is in the service of
 such   the  department  or
  ,  hospital  , developmental center, or
community center  .
   The compensation  which   that  is
awarded for  such   the  heart trouble
shall include full hospital, surgical, medical treatment, disability
indemnity, and death benefits, as provided by the  workmen's
  workers'  compensation laws of this state.

    Such 
    The  heart trouble so developing or manifesting itself
in  such   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. 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.