BILL NUMBER: AB 2749	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Logue and Norby

                        FEBRUARY 19, 2010

   An act to amend Section 4903 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2749, as introduced, Logue. Workers' compensation.
   Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, which 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 for the creation of the Workers'
Compensation Appeals Board to hear appeals of workers' compensation
disputes, as specified. Existing workers' compensation law authorizes
the appeals board to determine and allow specified expenses,
including reasonable attorney's fees for legal services, as liens
against any sum to be paid as compensation.
   This bill would make technical, nonsubstantive changes to the
above-described provisions.
   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 4903 of the Labor Code is amended to read:
   4903.  The appeals board may determine, and allow as liens against
any sum to be paid as compensation, any amount determined as
hereinafter set forth in subdivisions (a)  through 
 to  (i)  , inclusive  . If more than one lien is
allowed, the appeals board may determine the priorities, if any,
between the liens allowed. The liens that may be allowed hereunder
are as follows:
   (a) A reasonable attorney's fee for legal services pertaining to
any claim for compensation either before the appeals board or before
any of the appellate courts, and the reasonable disbursements in
connection therewith. No fee for legal services shall be awarded to
any representative who is not an attorney, except with respect to
those claims for compensation for which an application, pursuant to
Section 5501, has been filed with the appeals board on or before
December 31, 1991, or for which a disclosure form, pursuant to
Section 4906, has been sent to the employer, or insurer or
third-party administrator, if either is known, on or before December
31, 1991.
   (b) The reasonable expense incurred by or on behalf of the injured
employee, as provided by Article 2 (commencing with Section 4600)
and, to the extent the employee is entitled to reimbursement 
under   pursuant to  Section 4621, medical-legal
expenses as provided by Article 2.5 (commencing with Section 4620) of
Chapter 2 of Part 2.
   (c) The reasonable value of the living expenses of an injured
employee or of his or her dependents, subsequent to the injury.
   (d) The reasonable burial expenses of the deceased employee, not
to exceed the amount provided for by Section 4701.
   (e) The reasonable living expenses of the spouse or minor children
of the injured employee, or both, subsequent to the date of the
injury, where the employee has deserted or is neglecting his or her
family. These expenses shall be allowed in the proportion that the
appeals board deems proper, under application of the spouse, guardian
of the minor children, or the assignee, pursuant to subdivision (a)
of Section 11477 of the Welfare and Institutions Code, of the spouse,
a former spouse, or minor children. A collection received as a
result of a lien against a workers' compensation award imposed
pursuant to this subdivision for payment of child support ordered by
a court shall be credited as provided in Section 695.221 of the Code
of Civil Procedure.
   (f) The amount of unemployment compensation disability benefits
that have been paid under or pursuant to the Unemployment Insurance
Code in those cases where, pending a determination under this
division there was uncertainty whether the benefits were payable
under the Unemployment Insurance Code or payable hereunder; provided,
however, that any lien under this subdivision shall be allowed and
paid as provided in Section 4904.
   (g) The amount of unemployment compensation benefits and extended
duration benefits paid to the injured employee for the same day or
days for which he or she receives, or is entitled to receive,
temporary total disability indemnity payments under this division;
provided, however, that any lien under this subdivision shall be
allowed and paid as provided in Section 4904.
   (h) The amount of family temporary disability insurance benefits
that have been paid to the injured employee pursuant to the
Unemployment Insurance Code for the same day or days for which that
employee receives, or is entitled to receive, temporary total
disability indemnity payments under this division, provided, however,
that any lien under this subdivision shall be allowed and paid as
provided in Section 4904.
   (i) The amount of indemnification granted by the California
Victims of Crime Program pursuant to Article 1 (commencing with
Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the
Government Code.
   (j) The amount of compensation, including expenses of medical
treatment, and recoverable costs that have been paid by the Asbestos
Workers' Account pursuant to the provisions of Chapter 11 (commencing
with Section 4401) of Part 1.