BILL ANALYSIS �
AB 2616
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GOVERNOR'S VETO
AB 2616 (Skinner)
As Amended August 18, 2014
2/3 vote
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|ASSEMBLY: |48-26|(May 28, 2014) |SENATE: |24-9 |(August 20, |
| | | | | |2014) |
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|ASSEMBLY: |47-24|August 22, | | | |
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Original Committee Reference: PUB. S.
SUMMARY : Extends to certain hospital employees who provide
direct patient care the presumption that methicillin-resistant
Staphylococcus aureus (MRSA) infections are presumed to be job
related.
The Senate amendments add the proposed new presumptive injuries
to the list of existing presumptive injuries for which a
treating physician is not required to apportion causation for
disability purposes to either nonindustrial, or prior
industrial, injuries.
EXISTING LAW :
1)Establishes a comprehensive system of workers' compensation
benefits for injuries, including diseases, that arise out of
and in the course of employment. The benefits include full
medical benefits to treat the injury or condition,
indemnification for temporary and permanent disability, and
death benefits.
2)Requires in most cases that the employee prove that the injury
or condition underlying the claim arose out of and in the
course of employment.
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3)Provides safety officers (specified police, sheriff, and
firefighter employees) with a presumption that certain
injuries or conditions are related to employment. The list of
conditions or injuries for which presumptions apply include
cancer, heart trouble, blood-borne pathogens, hernia,
tuberculosis, as well as MRSA.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)This bill results in increased costs related to disability
benefits for impacted state health care employees. The costs
would be a minimum of $33,000 to $65,000 per industrial
disability benefit (up to one year), and up to $53,000 per
additional temporary disability benefit (up to one additional
year). Thus, costs could range from $33,000 to $118,000 per
individual.
2)Potentially major benefit and medical costs if a MSRA injury
results in permanent disability.
COMMENTS :
1)Minor Senate amendment. Under existing law, most injuries
that result in partial or total permanent disability are
subject to a physician evaluating whether or not some portion
of that disability is caused by a non-industrial injury, or by
a prior industrial injury. This evaluation process is termed
"apportionment." However, injuries that a presumed to be
work-related pursuant to existing law are not subject to
apportionment. The Senate amendments merely add this new MRSA
presumption to the list of injuries for which apportionment
does not apply.
2)Prior legislation. AB 664 (Skinner) of 2009, and AB 1994
(Skinner) of 2010, proposed including nurses in the full range
of presumptions afforded safety officers. AB 664 and AB 1994
were held on the Assembly Appropriations Committee suspense
file. AB 375 (Skinner) of 2011, initially was similar to AB
664 and AB 1994, but was narrowed to include fewer of the
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presumptions. It failed passage on the Senate Floor. AB 808
(Skinner) of 2012, was identical to this bill in the form
currently before the Insurance Committee, but was held on the
Senate inactive file.
GOVERNOR'S VETO MESSAGE :
This bill would create a first of its kind private
employer workers' compensation presumption for a
specific staph infection -- methicillin-resistant
Staphylococcus aureus (MRSA) -- for certain hospital
employees.
California's no-fault system of worker's compensation
insurance requires that claims must be "liberally
construed" to extend benefits to injured workers
whenever possible. The determination that an illness
is work-related should be decided by the rules of that
system and on the specific facts of each employee's
situation. While I am aware that statutory
presumptions have steadily expanded for certain public
employees, I am not inclined to further this trend or
to introduce it into the private sector.
Some have reported that hospitals have intimidated
nurses from filing valid worker's compensation claims
for a work-related MRSA infection. Any such conduct
would be reprehensible. I am therefore directing the
Department of Industrial Relations to investigate and
take whatever action is needed.
Analysis Prepared by : Mark Rakich / INS. / (916)
319-2086
FN: 0005696
AB 2616
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