BILL ANALYSIS �
AB 638
Page 1
Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 638 (Alejo) - As Introduced: February 20, 2013
Policy Committee: InsuranceVote:13
- 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill allows an employee of an illegally uninsured employer
to use an accelerated workers' compensation court timeline for
disputed issues of employment and injury. Under current law,
the expedited process is reserved for employees with issues of
employment or injury who are represented by an attorney.
FISCAL EFFECT
1)On-going costs in excess of $500,000 per year (Workers'
Compensation Administrative Revolving Fund) for the Department
of Industrial Relations (DIR) to determine whether or not
workers are uninsured and qualify for the expedited process.
2)Unknown on-going costs due to the increased number of priority
hearings.
COMMENTS
Rationale . According to the author, a disproportionate number of
workers whose employer is illegally uninsured are low-wage
workers who may not be able to afford an attorney. Since these
workers do not have direct access to the medical care provided
by the insurer of a lawfully insured employer, these injured
workers must establish eligibility with the Workers'
Compensation Appeals Board, and it takes formal proceedings
before this class of injured worker can obtain benefits. The
bill ensures that these proceedings occur expeditiously so that
needed medical care can be provided in a timely manner.
AB 638
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Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081