Amended in Senate August 18, 2014

Amended in Assembly April 29, 2014

Amended in Assembly April 3, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2616

Introduced by Assembly Member Skinner

February 21, 2014

An act to begin insert amend Section 4663 of, and to end insert add Section 3212.13 begin delete to end delete begin insert to, end insert the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2616, as amended, Skinner. Workers’ compensation: hospital employers: compensation.

Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers’ compensation system. Existing law provides that, in the case of certain public employees, the term “injury” includes heart trouble, hernia, pneumonia, meningitis, lower back impairment, and other injuries and diseases.

This bill would provide, with respect to hospital employees who provide direct patient care in an acute care hospital, that the term “injury” includes a methicillin-resistant Staphylococcus aureus skin infection (MRSA skin infection) that develops or manifests itself during the period of the person’s employment with the hospital. This bill would create a presumption that a MRSA skin infection arises out of and in the course of the person’s employment if the MRSA skin infection develops or manifests, as specified. This bill would prohibit attributing a MRSA skin infection that develops or manifests in those cases to any disease or skin infection existing prior to that development or manifestation.

begin insert

Existing law requires any physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury to address the issue of causation of the permanent disability, subject to exemptions for specified injuries or illnesses.

end insert begin insert

This bill would also exempt the above medical condition for hospital employees who provide direct patient care in an acute care hospital from the application of this requirement.

end insert

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) According to the United States Department of Labor, health
care is the second fastest growing sector of the United States
economy, currently employing over 16 million workers. Women
represent nearly 80 percent of the health care workforce.

(b) By the nature of their profession, health care workers are in
constant danger of being directly exposed to many infectious
diseases and indirectly exposed through contact with various pieces
of equipment, chemicals, and clothing.

(c) Registered nurses constitute the largest occupation within
the health care sector and number over 2.5 million, of which 70
percent are employed in hospitals.

(d) Health care-acquired infections in California hospitals
account for an estimated 200,000 infections and 12,000 deaths
annually, according to the State Department of Public Health.

(e) According to the Office of Statewide Health Planning and
Development, in 2007 there were 52,000 cases of patients infected
by methicillin-resistant Staphylococcus aureus (MRSA) at hospitals
across the state.

(f) Public safety employees, such as police officers and
firefighters, already have guaranteed access to the workers’
compensation system for methicillin-resistant Staphylococcus
aureus skin infection (MRSA skin infection), HIV, cancer,
leukemia, meningitis, back injuries, and other work-related illnesses
and injuries. However, presumptive eligibility for workers’
compensation is nonexistent for health care workers.

(g) Due to the rise in work-related illnesses and injuries,
including a MRSA skin infection, it is most appropriate to protect
health care workers by ensuring access to workers’ compensation
for health care workers who suffer workplace injuries or contract
infectious diseases.

SEC. 2.  

Section 3212.13 is added to the Labor Code, to read:

3212.13.  

(a) In the case of a hospital employee who provides
direct patient care in an acute care hospital, referred to in this
section as hospital employee, the term “injury,” as used in this
section, includes a methicillin-resistant Staphylococcus aureus
skin infection (MRSA skin infection) that develops or manifests
itself during a period of the person’s employment with the hospital.
The compensation awarded for that injury shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.

(b) (1) A MRSA skin infection that develops or manifests itself
shall be presumed to arise out of and in the course of employment.
This presumption is disputable and may be controverted by other
evidence, but if controverting evidence is not produced, the
presumption shall prevail.

(2) The MRSA skin infection presumption shall be extended to
a hospital employee following termination of service for a period
of 60 days, commencing with the last date actually worked.

(c) A MRSA skin infection that develops or manifests itself in
circumstances described in subdivision (b) shall not be attributed
to a disease or skin infection existing prior to that development or
manifestation.

(d) For the purposes of this section, “acute care hospital” means
a health facility as defined in subdivision (a) or (b) of Section 1250
of the Health and Safety Code.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 4663 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

4663.  

(a) Apportionment of permanent disability shall be based
on causation.

(b) Any physician who prepares a report addressing the issue
of permanent disability due to a claimed industrial injury shall in
that report address the issue of causation of the permanent
disability.

(c) In order for a physician’s report to be considered complete
on the issue of permanent disability, the report must include an
apportionment determination. A physician shall make an
apportionment determination by finding what approximate
percentage of the permanent disability was caused by the direct
result of injury arising out of and occurring in the course of
employment and what approximate percentage of the permanent
disability was caused by other factors both before and subsequent
to the industrial injury, including prior industrial injuries. If the
physician is unable to include an apportionment determination in
his or her report, the physician shall state the specific reasons why
the physician could not make a determination of the effect of that
prior condition on the permanent disability arising from the injury.
The physician shall then consult with other physicians or refer the
employee to another physician from whom the employee is
authorized to seek treatment or evaluation in accordance with this
division in order to make the final determination.

(d) An employee who claims an industrial injury shall, upon
request, disclose all previous permanent disabilities or physical
impairments.

(e) Subdivisions (a), (b), and (c) shall not apply to injuries or
illnesses covered under Sections 3212, 3212.1, 3212.2, 3212.3,
3212.4, 3212.5, 3212.6, 3212.7, 3212.8, 3212.85, 3212.9, 3212.10,
3212.11, 3212.12, begin insert 3212.13, end insert 3213, and 3213.2.