BILL NUMBER: AB 2269	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Member Adams
   (Coauthors: Assembly Members  Anderson,   Blakeslee,
 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 amended, 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. 
   Existing law establishes state hospital peace officers, as
specified, and defines their authority as peace officers. 
   This bill would  delete the reference in the above-described
provisions to officers at the Atascadero State Hospital as security
officers, and instead, refer to those officers as peace officers. The
bill would also  add  security   peace
 officers employed at  certain   other
 hospitals, developmental centers, and community centers  ,
  as specified,  to the list of persons to whom the
above-described  provisions apply   injury
presumption applies  .
   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 of the Department
of Corrections and Rehabilitation having custodial duties or group
supervisory duties and each  security   peace
 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 that develops or manifests
itself during a period while the officer or employee is in the
service of the department, hospital, developmental center, or
community center.
   The compensation that is awarded for the heart trouble shall
include full hospital, surgical, medical treatment, disability
indemnity, and death benefits, as provided by the workers'
compensation laws of this state.
   The heart trouble 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. 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.