BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1035|
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THIRD READING
Bill No: AB 1035
Author: John A. Pérez (D), et al.
Amended: 4/22/14 in Senate
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 4-0, 4/9/14
AYES: Hueso, Wyland, Leno, Padilla
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : 6-0, 4/21/14
AYES: De León, Gaines, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters
SUBJECT : Workers compensation: firefighters and peace
officers
SOURCE : California Professional Firefighters
Peace Officers Research Association of California
DIGEST : This bill provides an extension for dependents of
deceased firefighters and peace officers to file for workers'
compensation death benefits if the death resulted from any of
the following: cancer, tuberculosis, methicillin-resistant
Staphylococcus aureus (MRSA) skin infections, or bloodborne
infectious disease. This extension is for up to 420 weeks from
the date of injury, but in no case more than one year from the
date of death, as specified. This bill requires the extension
to sunset on January 1, 2019.
ANALYSIS : Existing law establishes a workers' compensation
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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:
1.Heart disease,
2.Hernias,
3.Pneumonia,
4.Cancer,
5.Meningitis,
6.Tuberculosis,
7.MRSA skin infections, and
8.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 to 10 years commencing on their
last day of employment, depending on the injury and the peace
officer classification involved.
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.
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 or wholly dependent on
the deceased worker.
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
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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.
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.
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 may be commenced
for the collection of workers' compensation death benefits is
one year from the date of death, provided they meet certain
requirements.
Existing law defines the "date of injury," in cases of
occupational diseases or cumulative injuries is that date upon
which the employee first suffered disability therefrom and
either knew, or in the exercise of reasonable diligence should
have known, that such disability was caused by his present or
prior employment.
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This bill provides an extension for dependents of deceased
firefighters and peace officers to file for workers'
compensation death benefits if the death resulted from any of
the following:
1.Cancer,
2.Tuberculosis,
3.MRSA skin infections, or
4.Bloodborne infectious disease.
This extension is for up to 420 weeks from the date of injury,
but in no case more than one year from the date of death.
This bill requires that the extension to sunset on January 1,
2019.
This bill further declares the need for the Administrative
Director of the Division of Workers' Compensation to study
mortality rates prior to extending or allowing the extension to
sunset.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
According to the Senate Appropriations Committee, this bill
results in an increase in workers' compensation costs related to
state employees who are firefighters and peace officers, as
specified. The specific state departments that would be
impacted are the Department of Forestry and Fire Protection and
the California Highway Patrol. The amount of the increase is
unknown.
SUPPORT : (Verified 4/22/14)
California Professional Firefighters (co-source)
Peace Officers Research Association of California (co-source)
AFSCME
Association for Los Angeles Deputy Sheriffs
California Applicants' Attorneys Association
California Correctional Peace Officers Association
Californian Labor Federation
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Los Angeles Probation Officers' Union, AFSCME, Local 685
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Riverside Sheriffs' Association
OPPOSITION : (Verified 4/22/14)
California Association of Joint Powers Authorities
California Coalition of on Workers' Compensation
California State Association of Counties
County of Los Angeles
CSAC Excess Insurance Agency
League of California Cities
Rural County Representatives of California
ARGUMENTS IN SUPPORT : Proponents argue that existing law is
not meeting the needs of California's firefighters and peace
officers. Proponents note that if a firefighter or peace
officer dies of an occupational disease more than five years
after being diagnosed with the disease, his/her family members
are unable to claim a death benefit. With occupational injuries
such as cancer, the timeframe between when the injury was
discovered and when the worker succumbs to the injury may be
longer than five years. In these cases, proponents argue that
the families of firefighters and peace officers should not be
denied their right to workers' compensation death benefits.
ARGUMENTS IN OPPOSITION : Opponents argue that this bill will
increase costs on local governments and counties at a time when
budgets are limited and the full impact of the 2012 Workers'
Compensation reform is unknown. Opponents also argue that this
bill is being considered at the same time as other bills which
add to the number of peace officers who qualify for existing
presumptions, and that these bills could increase the fiscal
impacts of this bill. Opponents also maintain that the recent
National Institute of Occupational Safety and Health study only
noted increases in some cancers, while the existing workers'
compensation presumption covers all cancers.
PQ:k 4/22/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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