AB 454, as amended, Dickinson. Workers’ compensation benefits: prevailing wages.
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law provides certain methods for determining workers’ compensation benefits payable to a worker for purposes of temporary disability, temporary total disability, permanent total disability, and permanent partial disability.
This bill would provide that, for purposes of determining those benefits, the amount of benefits for a worker who is injured while performing work under a contract requiring a federal, state, county, city, or city and county prevailing wage requirementbegin insert and who was paid a wage below the applicable
prevailing wage for that workend insert shall bebegin delete based on the average weekly earnings for prevailing wage contracts in the area if the worker received less than the prevailing
wageend deletebegin insert calculated using the applicable prevailing wage, and not the actual wages paidend insert.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4460 is added to the Labor Code, to read:
Notwithstanding any other law, for purposes of
3determining benefits under Sections 4453, 4650, 4653, and 4658,
4the amount of benefits for a worker who is injured while
5performing work under a contract requiring a federal, state, county,
6city, or city and county prevailing wage requirementbegin insert and who was
7paid a wage below the applicable prevailing wage for that workend insert
8 shall bebegin delete based on the average weekly earnings for prevailing wage begin insert
calculated using the applicable prevailing wage, and not the
9contracts in the area if the worker received less than the prevailing
10wageend delete
11actual wages paidend insert.
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