BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2451|
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THIRD READING
Bill No: AB 2451
Author: John A. Pérez (D), et al.
Amended: 8/20/12 in Senate
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMM. : 5-0, 6/27/12
AYES: Lieu, DeSaulnier, Leno, Padilla, Yee
NO VOTE RECORDED: Wyland, Runner
ASSEMBLY FLOOR : 69-4, 5/10/12 - See last page for vote
SUBJECT : Workers compensation: firefighters
SOURCE : California Association of Highway Patrolmen
California Professional Firefighters
DIGEST : This bill provides that certain proceedings
related to the collection of death benefits of firefighters
and peace officers may be commenced within, but no later
than, 480 weeks from the date of injury, and in no event
more than one year after the date of death, if specified
criteria are met.
Senate Floor Amendments of 8/20/12 (1) extend the statute
of limitations for the collection of death benefits for
peace officers and firefighters from 240 weeks to 480 weeks
from the date of injury for qualifying peace officers and
firefighters, (2) limit the ability of a firefighter or
peace officer's dependents to file for workers'
compensation death benefits after 240 weeks to injuries due
CONTINUED
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to or related to cancer, tuberculosis,
Methicillin-Resistant Staphylococcus aureus (MRSA) skin
infections; and Bloodborne infectious disease, and (3)
clarify that the proceedings brought to collect workers'
compensation death benefits within the 480 week statute of
limitations must be brought by a person who was a dependent
of the firefighter or peace officer at the time of death.
ANALYSIS : Existing law establishes a workers'
compensation system that provides benefits to an employee
who suffers from an injury or illness that arises out of
and in the course of employment, irrespective of fault.
This system requires all employers to secure payment of
benefits by either securing the consent of the Department
of Industrial Relations to self-insure or by securing
insurance against liability from an insurance company duly
authorized by the state.
Existing law creates a series of disputable presumptions of
an occupational injury for peace and safety officers for
the purposes of the workers' compensation system. These
presumptions include heart disease, hernias,
pneumonia, cancer, meningitis, tuberculosis,
methicillin-resistant Staphylococcus aureus (MRSA) skin
infections, and bloodborne infectious disease.
The compensation awarded for these injuries must include
full hospital, surgical, medical treatment, disability
indemnity, and death benefits, as provided by workers
compensation law. These presumptions tend to run for 5-10
years commencing on their last day of employment, depending
on the injury and the peace officer classification
involved. (Labor Code (LAB) Section 3212 to 3213.2)
Existing law provides that the presumptions listed above
are disputable and may be controverted by evidence.
However, unless controverted, the Workers' Compensation
Appeals Board must find is accordance with the presumption.
(LAB Section 3212 to 3213.2)
Existing law provides for the payment of a workers'
compensation indemnity death benefit. The amount of the
benefit is determined by the date of injury, the number
dependents, and if those dependents are partially dependent
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or wholly dependent on the deceased worker. (LAB Section
4700 to 4709)
Existing law provides that no person is a dependent of any
deceased employee unless in good faith a member of the
family or household of the employee, or unless the person
bears to the employee the relation of husband or wife,
child, posthumous child, adopted child or stepchild,
grandchild, father or mother, father-in-law or
mother-in-law, grandfather or grandmother, brother or
sister, uncle or aunt, brother-in-law or sister-in-law,
nephew or niece. (LAB Section 3503)
Existing law requires, with certain exceptions, that the
collection of workers' compensation death benefits must be
commenced one year from:
1. The date of death where death occurs within one year
from date of injury; or
2. The date of last furnishing of any benefits where death
occurs more than one year from the date of injury; or
3. The date of death, where death occurs more than one year
after the date of injury and compensation benefits have
been furnished.
No such proceedings may be commenced more than one year
after the date of death, nor more than 240 weeks from the
date of injury.
(LAB Section 5405)
The exceptions to the above timelines are as follows:
1. In the case of the death of an asbestos worker or
firefighter from asbestosis, the period within which
proceedings may be commenced for the collection of
workers' compensation death benefits is one year from
the date of death.
2. In the case of the death of a healthcare worker,
firefighter, peace officer, or correctional officer from
HIV-related disease, the period within which proceedings
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may be commenced for the collection of workers'
compensation death benefits is one year from the date of
death, provided they meet certain requirements.
(LAB Section 5406.5 and 5406.6)
Existing law defines the "date of injury", as that date
during the employment on which occurred the alleged
incident or exposure, for the consequences of which
compensation is claimed. (LAB Section 5411)
This bill provides that certain proceedings related to the
collection of death benefits of firefighters and peace
officers may be commenced within, but no later than, 480
weeks from the date of injury, and in no event more than
one year after the date of death, if specified criteria are
met.
Prior Legislation
AB 3051 (Nation and Vargas, 2004) would have exempted the
dependents of firefighters from the filing timelines for
workers' compensation benefits, but only if the death
resulted from a presumptive injury that manifested itself
within five years. The bill was vetoed by Governor
Schwarzenegger.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/21/12)
California Association of Highway Patrolmen (co-source)
California Professional Firefighters (co-source)
AFSCME, AFL-CIO
Association for Los Angeles Deputy Sheriffs
Association of Orange County Deputy Sheriffs
California Association of Highway Patrolmen
California Correctional Peace Officers Association
California Fraternal Order of Police
California Labor Federation AFL-CIO
California Police Chiefs Association, Inc.
California Professional Firefighters
California State Sheriff's Association
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California Statewide Law Enforcement Association
Long Beach Police Officers Association
Los Angeles County Probation Officers Union
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Peace Officers Research Association of California
Riverside Sheriffs Association
Sacramento County Deputy Sheriffs Association
Santa Ana Police Officers Association
OPPOSITION : (Verified 8/22/12)
Barstow Community College
Bay Cities Joint Powers Insurance Authority
California Advocates /California Association of Joint
Powers Authorities
California Coalition on Workers' Compensation
California State Association of Counties
Cities of Burbank, Camarillo, Eureka, Fort Bragg, Gilroy,
Glendora, Healdsburg, Long Beach, Menlo Park, Mill
Valley, Newport Beach, Rio Vista, Santa Rosa, Torrance,
and West Hollywood
Los Angeles County Division, League of California Cities
Los Angeles County, Sacramento Legislative Office
Los Rios Community College District
Merced Community College District
Placer County Board of Supervisors
Solano County Board of Supervisors
Town of Windsor
Twin Cities Police Authority
ARGUMENTS IN SUPPORT : The California Professional
Firefighters writes:
California's firefighters face a myriad of uncertain and
silent dangers on the front lines. Whether it's a
hazardous material spill at one of our state's many
refineries or a fiery tanker truck explosion on a
congested freeway, our first responders are right on
scene - bringing order to an intense and chaotic
situation.
In California and dozens of other states, the
well-documented link between public safety jobs and
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certain ailments has been recognized for over 70 years
through public safety presumption laws specifically
because of the unforeseen exposures our public safety
officers endure.
With respect to related workers' compensation death
benefits, existing law requires that a death benefits'
claim must be accepted to be resulting from a job-caused
injury before an eligible survivor can receive benefits.
However, there's a clock ticking: Once the claim is
accepted, the public safety officer must die within 240
weeks, with certain exceptions, from the date on which
their job-caused illness or injury was diagnosed in order
to preserve their family's eligibility for the death
benefit.
ASSEMBLY FLOOR : 69-4, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fong, Fuentes, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Gorell, Hagman, Hall, Harkey,
Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman,
Jones, Lara, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Pan, Perea, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NOES: Donnelly, Grove, Mansoor, Norby
NO VOTE RECORDED: Fletcher, Furutani, Halderman, Jeffries,
Knight, Olsen, V. Manuel Pérez
PQ:m 8/23/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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