Amended in Senate July 2, 2013

Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 454

Introduced by Assembly Member Dickinson

February 19, 2013

An act to add Section 4460 to the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL’S DIGEST

AB 454, as amended, Dickinson. Workers’ compensation benefits: prevailing wages.

begin insert

Existing law defines the term “public works” for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers’ compensation for public works projects. Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if, after an investigation, the commissioner determines there has been a violation of the laws regulating public works projects, including the payment of prevailing wages.

end insert

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. begin insert Under this system, the Workers’ Compensation Appeals Board has jurisdiction to adjudicate claims relating to workers’ compensation. end insert 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 begin insert workers’ compensation end insert 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 requirement and who was paid a wage below the applicable prevailing wage for that work begin delete shall end delete begin insert is to end insert be calculated using the applicable prevailing wage, and not the actual wages begin delete paid end delete begin insert paid, upon a final ruling by the commissioner of the applicable prevailing wage. The bill would require the commissioner to establish an expedited hearing process to make prevailing wage determinations that are relevant to a matter before the appeals board end 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 1.  

Section 4460 is added to the Labor Code, to read:

4460.  

Notwithstanding any other law, for purposes of
determining benefits under Sections 4453, 4650, 4653, and 4658,
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 requirement and who was
paid a wage below the applicable prevailing wage for that work
shall be calculated using the applicable prevailing wage, and not
the actual wages begin delete paid. end delete begin insert paid, upon a final ruling by the Labor
Commissioner of the applicable prevailing wage. The Labor
Commissioner shall establish an expedited hearing process to
make prevailing wage determinations that are relevant to a matter
pending before the appeals board end insert begin insert . end insert