BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 258|
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VETO
Bill No: SB 258
Author: Lieu (D)
Amended: 8/30/13
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 4-1, 5/8/13
AYES: Lieu, Leno, Padilla, Yee
NOES: Wyland
SENATE FLOOR : 25-11, 5/16/13
AYES: Beall, Block, Calderon, Corbett, Correa, DeSaulnier,
Evans, Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson,
Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley, Roth,
Steinberg, Wolk, Wright, Yee
NOES: Anderson, Berryhill, Cannella, Emmerson, Fuller, Gaines,
Huff, Knight, Nielsen, Walters, Wyland
NO VOTE RECORDED: De Le�n, Price, Vacancy, Vacancy
ASSEMBLY FLOOR : 51-25, 9/3/13 - See last page for vote
SENATE FLOOR : 26-11, 9/6/13
AYES: Beall, Block, Calderon, Corbett, Correa, De Le�n,
DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill, Hueso,
Jackson, Lara, Lieu, Liu, Monning, Padilla, Pavley, Roth,
Steinberg, Torres, Wolk, Wright, Yee
NOES: Anderson, Berryhill, Cannella, Fuller, Gaines, Huff,
Knight, Nielsen, Vidak, Walters, Wyland
NO VOTE RECORDED: Emmerson, Leno, Vacancy
SUBJECT : Workers compensation
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SB 258
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2
SOURCE : Author
DIGEST : This bill clarifies that recently enacted limitations
on assignment of liens apply only to assignments occurring on or
after January 1, 2013, makes technical clarifications to the
2012 workers' compensation reform statutes, and requires that
Workers' Compensation Appeals Board (WCAB) members be attorneys,
as specified.
ANALYSIS : Existing law establishes a workers' compensation
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 provides for the WCAB, a separate judicial body
that is vested with judicial authority to address disputes
within the workers' compensation system.
Existing law provides that the WCAB consists of seven members,
appointed by the Governor with the advice and consent of the
Senate. Five of the members of the appeals board shall be
experienced attorneys at law admitted to practice in the State
of California. Two members need not be attorneys at law.
Existing law permits the WCAB to determine and allow liens
against any sum to be paid as compensation for a variety of
services or expenses. Allowable liens include a reasonable fee
for legal services, the reasonable expense incurred in the
provision of medical services, and the reasonable value of
living expenses of an injured employee subsequent to the injury.
Existing law prohibits an order or award for payment of a lien
to an assignee, unless the person who provided the services has
ceased doing business in the capacity held at the time the
expenses were incurred and has assigned all right, title, and
interests in the remaining accounts receivable to the assignee.
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SB 258
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This bill clarifies that recently enacted limitations on
assignment of liens apply only to assignments occurring on or
after January 1, 2013, makes technical clarifications to the
2012 workers' compensation reform statutes, and requires that
WCAB members be attorneys. Specifically, this bill:
1. Provides that all seven members of the WCAB must be
experienced attorneys admitted to practice in the State of
California.
2. Clarifies that limitations on assignment of medical liens
apply only to assignments made on or after January 1, 2013.
3. Corrects an erroneous citation to "subdivision (d) of
Section 4604.5" relating to chiropractic treatment in
workers' compensation that should read "subdivision (c) of
Section 4604.5."
4. Clarifies that the reimbursement of the filing fee that a
lien claimant is entitled to receive upon prevailing in the
proceeding to collect on the lien is paid by the employer.
5. Strikes out references to "vocational rehabilitation
services" in one LAB Section that should have been stricken
nine years ago when that benefit was eliminated from the
workers' compensation system.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 258 without my signature.
This measure clarifies the intent of last year's historic
Workers' Compensation reform as it relates to assignment of
medical liens and the prospective nature of the new
requirements - - I agree with that. Unfortunately, the bill
also makes an unnecessary change to the qualifications for
appointment to the Workers' Compensation Appeals Board.
The existing option to appoint qualified non-attorneys to
two of the seven slots is reasonable. I see no reason to
limit future Governors in their authority to appoint
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SB 258
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members of the Workers' Compensation Appeals Board.
I will work with the Legislature next year to make the
clarification that assignment of medical liens was intended
to be prospective under SB 863 (Chapter 363, Statutes of
2012)."
ASSEMBLY FLOOR : 51-25, 09/03/13
AYES: Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Roger Hern�ndez,
Holden, Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell,
Mullin, Muratsuchi, Nazarian, Pan, Perea, V. Manuel P�rez,
Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Weber,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,
Donnelly, Beth Gaines, Gorell, Grove, Hagman, Harkey, Jones,
Linder, Logue, Maienschein, Mansoor, Melendez, Morrell,
Nestande, Olsen, Patterson, Wagner, Waldron, Wilk
NO VOTE RECORDED: Hall, Quirk, Vacancy, Vacancy
PQ:k:n 1/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
SUPPORT/OPPOSITION: NONE RECEIVED
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