AB 1035, as amended, John A. Pérez. Workers’ compensation: firefighters and peace officers.
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 several circumstances, including, but not limited to, from the date of death if it occurs within one year from the date of injury. However, no proceedings may be commenced more than one year after the date of death, nor more than 240 weeks from the date of injury.
This bill would, only until January 1, 2019, extend the time period to commence proceedings to collect death benefits, if the proceedings are brought by, or on behalf of, a person who was a dependent on the date of death, from 240 weeks from the date of injury to no later than 420 weeks from the date of injury, not to exceed one
year after the date of death. This provision would apply only to a specified injury causing death, including cancer, tuberculosis, or a bloodborne infectious disease or methicillin-resistant Staphylococcus aureus skin infections, and would apply only to specified deceased members, including peace officers and active firefighting members. The bill wouldbegin delete also include legislative findings and declarationsend deletebegin insert prohibit the payment of death benefits under these provisions under specified circumstancesend insert.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) Firefighters and law enforcement officers who contract
4job-caused illnesses have made the same sacrifice, and earned the
5same respect, as those who die on the front lines.
6(b) Often with occupational cancer and certain other job-caused
7illnesses, an officer’s fight for life stretches over year after painful
8year.
9(c) The families of those public safety officers who fight to live
10through a job-related illness should not be penalized after their
11loved one has made the ultimate sacrifice.
12(d) With the advances in medical science and health that have
13been made in recent decades, it is appropriate to examine whether
14the existing timeline afforded to a survivor in filing workers’
15compensation survivor death benefits claim provides sufficient
16time to commence proceedings to collect death benefits.
17(e) It is the intent of the legislature to provide adequate time for
18a grieving family to file a claim for job related death benefits
19without an arbitrary penalty.
20(f)
It isbegin delete furtherend delete the intent of the Legislature that the
22Administrative Director of the Division of Workers’ Compensation
23collect data pursuant to subdivision (a) of Section 3702.2 for the
24purpose of determining whether the extended statute of limitations
25established by this act provides an adequate timeline for the
26families of fallen firefighters and peace officers to commence
27proceedings for the collection of death benefits as provided for in
P3 1this act, such that the Legislature and the Governor, when
2considering any extension of the date of repeal of Section 5406.7
3of the Labor Code, be informed of the facts
surrounding the
4mortality rate of public safety officers who succumb to these
5job-related diseases.
Section 5406 of the Labor Code is amended to read:
(a) Except as provided in Section 5406.5, 5406.6, or
85406.7, the period within which may be commenced proceedings
9for the collection of the benefits provided by Article 4
10(commencing with Section 4700) of Chapter 2 of Part 2 is one
11year from:
12(1) The date of death if death occurs within one year from date
13of injury.
14(2) The date of last furnishing of any benefits under Chapter 2
15(commencing with Section 4550) of Part 2, if death occurs more
16than one year from the date of injury.
17(3) The date of death, where death occurs more than one year
18after the date of injury and compensation benefits have been
19
furnished.
20(b) Proceedings shall not be commenced more than one year
21after the date of death, nor more than 240 weeks from the date of
22injury.
Section 5406.7 is added to the Labor Code, to read:
(a) In addition to the timelines established pursuant
25to Section 5406, proceedings for the collection of the benefits
26provided by Article 4 (commencing with Section 4700) of Chapter
272 of Part 2 may be commenced after 240 weeks from the date of
28injury and no later than 420 weeks from the date of injury, but in
29no event more than one year after the date of death, if all of the
30following criteria are met:
31(1) The proceedings are brought for the collection of benefits
32by, or on behalf of, a person who was a dependent on the date of
33death. The extent of dependency shall be determined in accordance
34with the facts as they existed at the time of death of the employee.
35(2) The injury causing death is one of the following:
36(A) An injury as defined in Section 3212.1 to a person described
37in Section 3212.1.
38(B) An injury as defined in Section 3212.6 to a person described
39in Section 3212.6.
P4 1(C) An injury as defined in Section 3212.8 to a person described
2in Section 3212.8.
3(3) The date of injury is during the person’s active service in
4applicable capacities described in Section 3212.1, 3212.6, or
53212.8.
6(b) This section does not apply to claims for the collection of
7benefits pursuant to Article 4 (commencing with Section 4700) of
8Chapter 2 of Part 2 that have already been adjudicated, or otherwise
9finalized, or for which the commencement period lapsed on or
10before
December 31, 2014.
11(c) No dependency death benefit shall be payable pursuant to
12proceedings commenced more than 240 weeks from the date of
13injury unless either no proceedings were commenced within 240
14weeks from the date of injury, or, if proceedings were commenced
15within that period, it has been finally determined that no person
16is entitled to dependency death benefits pursuant to the proceedings
17that were commenced within that period.
18(c)
end delete
19begin insert(end insertbegin insertd)end insert This section shall remain in effect only until January 1, 2019,
20and as of that date is repealed, unless a later enacted statute, that
21is enacted before January 1, 2019, deletes or extends that date.
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