BILL NUMBER: AB 2451	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member John A. Pérez

                        FEBRUARY 24, 2012

   An act to amend Section 5406 of, and to add Section 5406.8 to, the
Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2451, as introduced, John A. Pérez. Workers' compensation:
firefighters.
   Existing law specifies the time period within which various
proceedings may be commenced under provisions of law relating to
workers' compensation. With certain exceptions, a proceeding to
collect death benefits is required to be commenced within one year
from the date of death or, in some cases, from the last furnishing of
benefits. However, no proceedings may be commenced more than 240
weeks from the date of injury.
   This bill would require that a proceeding to collect those
benefits for the death of a firefighter from specified medical
conditions or diseases, including cancer and tuberculosis, be
commenced within one year from the date of death.
   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 5406 of the Labor Code is amended to read:
   5406.   (a)    Except as provided in Section
5406.5  or   ,  5406.6,  or 5406.8,
 the period within which may be commenced proceedings for the
collection of the benefits provided by Article 4 (commencing with
Section 4700) of Chapter 2 of Part 2 is one year from  an 
 y of the following  : 
   (a) 
    (1)  The date of death  where   if
 death occurs within one year from date of injury  ; or
 .  
   (b) 
    (2)  The date of last furnishing of any benefits under
Chapter 2 (commencing with Section 4550) of Part 2,  where
  if  death occurs more than one year from the date
of injury  ; or   .  
   (c) 
    (3)  The date of death,  where   if
 death occurs more than one year after the date of injury and
compensation benefits have been furnished. 
   No such proceedings may
    (b)     Proceedings under subdivision (a)
shall not  be commenced more than one year after the date of
death, nor more than 240 weeks from the date of injury.
  SEC. 2.  Section 5406.8 is added to the Labor Code, to read:
   5406.8.  In the case of the death of a firefighter from an injury,
as defined in Section 3212, 3212.1, 3212.6, or 3212.8, the period
within which proceedings may be commenced for the collection of the
benefits provided by Article 4 (commencing with Section 4700) of
Chapter 2 of Part 2 is one year from the date of death.