BILL ANALYSIS �
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THIRD READING
Bill No: AB 1746
Author: Alejo (D)
Amended: 3/20/14 in Assembly
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 5-0, 6/11/14
AYES: Hueso, Wyland, Leno, Padilla, Mitchell
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/15/14 (Consent) - See last page for
vote
SUBJECT : Workers compensation: proceedings: expedited
hearings
SOURCE : Author
DIGEST : This bill requires the Administrative Director of the
Division of Workers Compensation (DWC) to include injured
workers who are or were employed by an illegally uninsured
employer on the priority conference calendar when the issues in
dispute are employment or injury arising out of employment or in
the course of employment.
ANALYSIS :
Existing law:
1. Establishes a workers' compensation system that provides
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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 (DIR) to self-insure
or by securing insurance against liability from an insurance
company duly authorized by the state.
2. Provides that medical, surgical, chiropractic, acupuncture,
and hospital treatment, including nursing, medicines, medical
and surgical supplies, crutches, and apparatuses, including
orthotic and prosthetic devices and services, that is
reasonably required to cure or relieve the injured worker
from the effects of his/her injury shall be provided by the
employer.
3. Provides that, if an employer fails to pay the compensation
to an injured worker, the award, upon application by the
injured worker or his/her beneficiaries, the compensation
must be paid by the Director from the Uninsured Employers
Benefits Trust Fund (UEBTF). The UEBTF is funded through
surcharges on workers' compensation insurance policies.
4. Provides that, if an award is issued from the UEBTF, the
amount of the award constitutes a liquidated damage against
the illegally uninsured employer, which may be pursued by the
Director of the DIR in the Superior Court of any county.
5. Requires the Administrative Director of the DWC to create a
priority conference calendar for cases where the injured
worker is represented by an attorney and the issues in
dispute are employment or injury arising out of employment or
in the course of employment. The conference must be
conducted by a workers' compensation administrative law judge
within 30 days after the declaration of readiness to proceed.
This bill requires the Administrative Director of the DWC to
include injured workers who are or were employed by an illegally
uninsured employer on the priority conference calendar when the
issues in dispute are employment or injury arising out of
employment or in the course of employment.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: No
SUPPORT : (Verified 6/24/14)
AFSCME, AFL-CIO
Association of California Healthcare Districts
California Chamber of Commerce
California Coalition on Workers' Compensation
California Labor Federation, AFL-CIO
California Professional Firefighters
Pacific Compensation Insurance Company
Rural County Representatives of California
Salud Para La Gente
The California Applicant Attorneys Association
Watsonville Law Center
Worksafe
ARGUMENTS IN SUPPORT : Proponents argue that this bill is a
necessary reform that will help some of the most vulnerable
injured workers and assist California in its fight against the
underground economy. Specifically, proponents argue that
injured workers who work for illegally uninsured employers do
not have the same access to medical care, as insurers are
required by law to provide medical benefits in a timely manner
with a significant pool of medical providers. As injured
workers who work or worked for an illegally uninsured employer
have none of these protections, this bill ensures that they
receive an expedited hearing so that they can quickly receive
the medical care they need. Additionally, proponents note that
this bill allows for the rapid identification of illegally
uninsured employers, giving California another important tool in
the fight against the underground economy.
ASSEMBLY FLOOR : 78-0, 5/15/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
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Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Mansoor, Vacancy
PQ:d 6/24/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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