California Legislature—2013–14 Regular Session

Assembly BillNo. 2360


Introduced by Assembly Member John A. Pérez

February 21, 2014


An act to amend Section 5406 of the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2360, as introduced, 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 where 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 make technical, nonsubstantive changes to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 5406 of the Labor Code is amended to
2read:

3

5406.  

Except as provided in Section 5406.5 or 5406.6, the
4period within whichbegin delete may be commencedend delete proceedingsbegin insert may be
P2    1commencedend insert
for the collection of the benefits provided by Article
24 (commencing with Section 4700) of Chapter 2 of Part 2 is one
3year frombegin insert any of the followingend insert:

4(a) The date of death where death occurs within one year from
5date of injurybegin delete; orend deletebegin insert.end insert

6(b) The date of last furnishing of any benefits under Chapter 2
7(commencing with Section 4550) of Part 2, where death occurs
8more than one year from the date of injurybegin delete; orend deletebegin insert.end insert

9(c) The date of death, where death occurs more than one year
10after the date of injury and compensation benefits have been
11furnished.

12begin deleteNo such proceedings mayend deletebegin insertProceedings may notend insert be commenced
13more than one year after the date of death, nor more than 240
14weeks from the date of injury.



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