HomeMy WebLinkAboutAgenda Report - August 20, 2014 C-24AGENDA ITEM
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AGENDA TITLE: Receive Report Regarding Communications Pertaining to Assembly Bill 2052
(Gonzalez) and Assembly Bill 2378 (Perea)
MEETING DATE: August 20, 2014
PREPARED BY:
City Clerk
RECOMMENDED ACTION: Receive report regarding communications pertaining to Assembly
Bill 2052 (Gonzalez) and Assembly Bill 2378 (Perea)
BACKGROUND INFORMATION: The City received a request for communication from the League of
California Cities regarding AB 2052 (Gonzalez) and AB 2378
(Perea). There was a need to send letters of opposition immediately
in light of a pending hearing.
The two bills dealing with workers' compensation benefits are currently being held in suspense in the
Senate Appropriations Committee and would amplify already generous workers' compensation benefits
packages, resulting in significant increased costs for local governments.
AB 2052 (Gonzalez) would expand existing presumptions to nearly every category of peace officer in the
state thereby making cities, and other employers such as counties, special districts, universities, the
state, and more, vulnerable to significant cost increases on already taxed budgets.
AB 2378 (Perea) would give an additional year of temporary disability eligibility to public safety personnel;
therefore providing up to three full years of temporary disability payments: one year at full salary (4850
time), and two years at two-thirds salary
The attached letters electronically signed by the Mayor were sent out on August 11, 2014. A copy of the
initial request along with the text of the bill is also attached. This report is provided for informational
purposes only pursuant to policy.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
r4in, �I �+,[ NIfW-7,_ Robison
FACSIMILE COVER SHEET
CITY CLERK'S OFFICE
221 WEST PINE STREET - P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
PHONE (209) 333-6702 FAX (209) 333-6807
cityclrk@ odi.gov or jrobisonklodi.gov
DATE: August 11, 2014
FROM: Jennifer M. Robison
City Clerk
TO: Honorable Kevin de Le6n (916) 327-8817
Senator Cathleen Galgiani (916) 651-4905
Assembly Member Richard Pan (916) 319-2109
COMMENTS: Attached please find letters of opposition from City of Lodi
Mayor Phil Katzakian regarding the following two pieces of
legislation:
AB 2052 (Gonzalez)
AB 2378 (Perea)
Copies have also been sent via e-mail to our League of
California Cities representatives:
Stephen Qualls squallsa-cacities.orq
Meg Desmond mdesmond(u-cacities.orq
THIS TRANSMITTAL CONTAINS 3 PAGE(S), INCLUDING THIS COVER SHEET.
forms\aafaxjen.doc
CITY COUNCIL
PHIL KATZAKIAN, Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
BOB JOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerka.lodi.gov
August 11, 2014
The Honorable Kevin de Leon
Chair, California State Senate Appropriations Committee
State Capitol Building, Room 2206
Sacramento, CA 95814
Via FAX: (916) 327-8817
STEPHEN SCHWABAUER
City Manager
JENNIFER M. ROBISON
City Clerk
JANICE D. MAGDICH
City Attorney
RE: AB 2052 (Gonzalez): Presumption of Industrial Causation: Expansion.
Notice of Opposition
Dear Senator de Leon:
The City of Lodi is opposed to AB 2052 (Gonzalez), which would significantly expand the
eligibility for special workers' compensation benefits.
Current law already provides workers' compensation for injuries sustained while in the
"course and scope of employment." California provides even further benefits for specific
injuries in certain categories of work, primarily for firefighters and peace officers. It is
presumed that some injuries such as — cancer, heart conditions, pneumonia, and hernias —
are considered work related injuries and qualify under broader workers' compensation
benefits.
In a regular worker' compensation claim the burden of proof falls on the employee to prove
they were injured at work. While in a presumptive claim it is on the employer to prove the
employee did not obtain the specified injuries during the course of employment.
AB 2052 would have a negative fiscal impact on cities, counties, special districts, universities,
and the state. Costs to employers are already on the rise and adding new legislation that
extends beyond existing groups would only further the financial difficulties local governments
are facing.
For these reasons, the City of Lodi opposes AB 2052 (Gonzalez).
Sincerely,
/s/Phil Katzakian
Phil Katzakian
Mayor
City of Lodi
cc: Senator Cathleen Galgiani / Assembly Member Richard Pan
Stephen Qualls, League of California Cities
Meg Desmond, League of California Cities, mdesmond@cacities.org
CITY COUNCIL
PHIL KATZAKIAN, Mayor
LARRY D. HANSEN,
Mayor Pro Tempore
BOB JOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerk(a)lodi.gov
August 11, 2014
The Honorable Kevin de Leon
California State Senate Appropriations Committee
State Capitol Building, Room 2206
Sacramento, CA 95814
Via FAX: (916) 327-8817
STEPHEN SCHWABAUER
City Manager
JENNIFER M. ROBISON
City Clerk
JANICE D. MAGDICH
City Attorney
RE: AB 2378 (Perea) Workers' compensation: temporary disability payments.
(As introduced 2121/2014)
Notice of Opposition
Dear Senator de Leon:
The City of Lodi is respectfully opposed to your AB 2378 (Perea), which would increase local
government costs by enhancing disability benefits provided to specified local firefighters
and peace officers.
Several court cases have held that public safety employees who receive compensation for
a temporary disability under "4850 time" come under the same maximum time cap as all
other employees for receiving worker's compensation temporary disability payments: two
years. In other words, under existing law all employees can receive up to two years of
payments at two-thirds of their existing salary, but public safety personnel receive one full
year of full salary (per Labor Code Section 4850) then the second year at two-thirds of
salary.
The effect of this bill would be to overturn the relevant court cases and provide public
safety personnel with up to three full years: one year of 4850 time, and two years at two-
thirds salary. The bill would make these provisions applicable to all claims, regardless of
the date of injury.
For these reasons, the City of Lodi opposes AB 2378 (Perea).
Sincerely,
/s/Phil Katzakian
Phil Katzakian
Mayor
City of Lodi
cc: Senator Cathleen Galgiani / Assembly Member Richard Pan
Stephen Qualls, League of California Cities
Meg Desmond, League of California Cities, mdesmond(a-)cacities.org
Jennifer Robison
From: Stephen R. Qualls [squalls@cacities.org]
Sent: Wednesday, August 06, 2014 05:44 PM
Subject: URGENT: LETTERS NEEDED
Attachments: AB 2378 Sen Approps Sample Ltr.rtf; Talking Points for AB 2052 & AB 2378.pdf; Background
on AB 2052 & AB 2378.pdf; Action Alert AB 2052 & AB 2378.docx; AB 2052 Senate Approps
Sample Letter.docx; Talking Points for AB 2052 & AB 2378.pdf; Background on AB 2052 & AB
2378.pdf; Action Alert AB 2052 & AB 2378.docx
Please see below for an Action Alert on AB 2052 and AB 2378. Both bills would dramatically
increase workmen's compensation costs for your city.
The bills are being held on the suspense file, let's keep them there.
I have attached background information, talking points and sample letters for your city to
easily complete and send to your legislator and the key committee members noted at the bottom
of this alert.
Please let me know if you have any questions.
Thank you.
ACTION ALERT!!
AB 2052 (Gonzalez) Presumption of Industrial Causation: Expansion &
AB 2378 (Perea) Expanded Eligibility for Temporary Disability Payments
OPPOSE
Background on AB 2052 & AB 2378:
Two bills dealing with workers' compensation benefits are currently being held in suspense in
the Senate Appropriations Committee. These bills would both amplify already generous workers'
compensation benefits packages and would result in significant increased costs for local
governments.
AB 2052 (Gonzalez) would expand existing presumptions to nearly every category of peace
officer in the state thereby making cities, and other employers such as counties, special
districts, universities, the state, and more, vulnerable to significant cost increases on
already taxed budgets.
Current law already provides workers' compensation for injuries sustained while in the
"course and scope of employment." California provides even further benefits for specific
injuries in certain categories of work, primarily for firefighters and peace officers. It is
presumed that some injuries - such as cancer, heart conditions, pneumonia and hernias - are
considered work related injuries and qualify under broader workers' compensation benefits.
In a regular workers' compensation claim, the burden of proof falls on the employee to prove
they were injured at work. However, in a presumptive claim it is the employer that must prove
1
the employee did not obtain the specified injuries during the course of employment.
Presumptive claims are nearly impossible for an employer to disprove and the claims are
almost always awarded in favor of the employee.
The system is not currently set up to handle the large capacity of claims that could result
from the broad reach of AB 2052.
AB 2378 (Perea) would give an additional year of temporary disability eligibility to public
safety personnel; therefore providing up to three full years of temporary disability
payments: one year at full salary (4850 time), and two years at 2/3rds salary.
Under existing law, all employees can receive up to two years of payments at 2/3rds of their
existing salary, but public safety personnel receive one full year of full salary (per Labor
Code Section 4850), then the second at 2/3rds of salary.
AB 2378 would impose a significant expansion of benefits and cost increases for local public
employers, causing further fiscal liabilities to already strained budgets.
ACTION:
These bills are currently on suspense in the Senate Appropriations Committee. We are asking
cities to send letters of OPPOSITION so that the bills stay on suspense due to potentially
detrimental costs to local governments. We need OPPOSITION letters from all cities, however,
please take special consideration if you have a member on the Senate Appropriations Committee
(phone and fax numbers included below). You can also access sample letters for AB
2052<http://www.cacities.org/Policy-Advocacy/Action-Center/AB-2052-%28Gonzalez%29-
Presumption-of-Industrial-Causa> and AB 2378<http://www.cacities.org/Policy-Advocacy/Action-
Center/AB-2378-%28Perea%29-Workers-compensation-temporary-dis> in the League's Action Center
(contact info is preloaded in the Action Center). Bills in the suspense file will be heard by
August 14, so please send letters ASAP.
Member
District
Party
Phone
Fax
de Le6n, Kevin<http://sd22.senate.ca.gov/> (Chair)
22
D
916 651 4022
916 651 4922
Gaines, Ted<http://cssrc.us/web/l/>
1
2
916 651 4001
916 651 4901
Hill, Jerry<http://sdl3.senate.ca.gov/>
13
D
916 651 4013
916 651 4913
Lara, Ricardo<http://sd33.senate.ca.gov/>
33
C
916 651 4033
916 651 4933
Padilla, Alex<http://sd20.senate.ca.gov/>
M.
C
916 651 4020
916 651 4920
Steinberg, Darrell<http://sd06.senate.ca.gov/>
0
N
916 651 4006
916 651 4906
Walters, Mimi<http://cssrc.us/web/37/> (Vice -Chair)
37
R
916 651 4037
916 651 4937
3
Talking Points for AB 2052 (Gonzalez):
• AB 2052 dramatically expands eligibility to nearly every category of peace officer
in the state thereby making cities, and other employers such as counties, special districts,
universities, the state, and more, vulnerable to significant cost increases on already taxed
budgets.
• There is no objective analysis that demonstrates a need for this bill.
• The broad reach of AB 2052 is now what the current system was intended to cover and
is certainly not funded to adequately handle such a large capacity of claims.
Talking Points for AB 2378 (Perea):
• AB 2378 would impose a significant expansion of benefits and cost increases for
local public employers, causing further fiscal liabilities to already constrained budgets.
• There is no doubt that public safety personnel perform a very important role in
local communities. That vital role is recognized in many ways including wages, pension
formulas and other benefits that typically exceed those provided to other hard working public
servants. While we have the upmost respect for those who help keep our cities safe, we also
have a responsibility to preserve the long-term financial health of the city.
Stephen Qualls
Central Valley Regional Public Affairs Manager
League of California Cities
209-614-0118
Fax 209-883-0653
squalls@cacities.org<mailto:squalls@cacities.org>
[Description: Description: LCC_Logo_SM] [X]
Strengthening California Cities through Advocacy and Education
To expand and protect local control for cities through education and
advocacy in order to enhance the quality of life for all Californians.
<http://www.cacities.org/AC>
PLEASE DO NOT distribute political campaign advocacy information from public (city hall)
computers, on city time, or using public resources, even if it's from your personal email
account. If in doubt, check with your city attorney.
***Disclaimer***Please Note: Please take the following precautions if this email is about a
CITIPAC event. Though it is not illegal for you to receive this notice via a city e-mail
address, you should not respond to it or forward it using public resources. You may however
forward this message to your non-public e-mail account for distribution on non-public time.
If you have questions about the event or need additional information, please contact Mike
Egan at (916) 658-8271 or egan@cacities.org
4
AMENDED IN ASSEMBLY APRIL 8, 2014
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 2052
Introduced by Assembly Member Gonzalez
February 20, 2014
An act to amend Sections 3212, 3212.1, 3212.5, 3212.6, 3212.85,
and 3212.9 of the Labor Code, relating to workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2052, as amended, Gonzalez. Workers' compensation.
Existing law establishes a workers' compensation system to
compensate an employee for injuries ----mea arising out of, and in
the course of, his or her employment. Existing law designates illnesses
and conditions that constitute a compensable injury for various
employees, such as California Highway Patrol members, firefighters,
and certain peace officers. These injuries include, but are not limited
to, hernia, pneumonia, heart trouble, cancer, meningitis, and exposure
to a biochemical substances, when the illness or condition develops or
manifests itself during a period when the officer or employee is in
service of his or her employer, as specified.
This bill would expand the coverage of the above provisions relating
to compensable injury, to include all peace officers described under
specified provisions of law. To the extent that the bill would apply the
provisions to additional local peace officers, the bill would impose a
state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
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AB 2052
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This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 3212 of the Labor Code is amended to
2 read:
3 3212. In the case of members of a sheriff's office or the
4 California Highway Patrol, district attorney's staff of inspectors
5 and investigators or of police or fire departments of cities, counties,
6 cities and counties, districts or other public or municipal
7 corporations or political subdivisions, or idols peace officers
8 described in Chapter 4.5 (commencing with Section 830) of Title
9 3 of Part 2 of the Penal Code, whether those ..-..mLers f_
10 individuals persons are volunteer, partly paid, or fully paid, and
11 in the case of active firefighting members of the Department of
12 Forestry and Fire Protection whose duties require firefighting or
13 of any county forestry or firefighting department or unit, whether
14 voluntary, fully paid, or partly paid, and in the case of members
15 of the warden service of the Wildlife Protection Branch of the
16 Department of Fish and Game whose principal duties consist of
17 active law enforcement service, –exeepting–tl3ese except those
18 persons whose principal duties are clerical or otherwise do not
19 clearly fall within the scope of active law enforcement service
20 such as stenographers, telephone operators, and other
21 officeworkers, the term "injury" as used in this act includes hernia
22 when any part of the hernia develops or manifests itself during a
23 period while the person is in the service in
24 the office, staff, division, department, or unit, and in the case of
25 members of fire departments, except those persons whose principal
26 duties are clerical, such as stenographers, telephone operators, and
27 other officeworkers, and in the case of county forestry or
28 firefighting departments, except those persons whose principal
29 duties are clerical, such as stenographers, telephone operators, and
30 other officeworkers, and in the case of active firefighting members
31 of the Department of Forestry and Fire Protection whose duties
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require firefighting, and in the case of members of the warden
service of the Wildlife Protection Branch of the Department of
Fish and Game whose principal duties consist of active law
enforcement service, excepting those whose principal duties are
clerical or otherwise do not clearly fall within the scope of active
law enforcement service such as stenographers, telephone
operators, and other officeworkers, the term "injury" includes
pneumonia and heart trouble that develops or manifests itself
during a period while the member is in the service of the office,
staff, department, or unit. In the case of regular salariedind+,94 s
peace officers described in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, the term "injury" also
includes any hernia that manifests itself or develops during a period
while the officer is in the service. The compensation that is awarded
for the hernia, heart trouble, or pneumonia shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by the workers' compensation laws of
this state.
The hernia, heart trouble, or pneumonia so developing or
manifesting itself in those cases shall be presumed to arise out of
and in the course of the employment. This presumption is
disputable and may be controverted by other evidence, but unless
so controverted, the appeals board is bound to find in accordance
with it. The presumption shall be extended to a member following
termination of service for a period of three calendar months for
each full year of the requisite service, but not to exceed 60 months
in any circumstance, commencing with the last date actually
worked in the specified capacity.
The hernia, heart trouble, or pneumonia so developing or
manifesting itself in those cases shall in no case be attributed to
any disease existing prior to that development or manifestation.
SEC. 2. Section 3212.1 of the Labor Code is amended to read:
3212.1. (a) This section applies to all of the following:
(1) Active firefighting members, whether volunteers, partly
paid, or fully paid, of all of the following fire departments:
(A) A fire department of a city, county, city and county, district,
or other public or municipal corporation or political subdivision.
(B) A fire department of the University of California and the
California State University.
(C) The Department of Forestry and Fire Protection.
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(D) A county forestry or firefighting department or unit.
(2) Active firefighting members of a fire department that serves
a United States Department of Defense installation and who are
certified by the Department of Defense as meeting its standards
for firefighters.
(3) Active firefighting members of a fire department that serves
a National Aeronautics and Space Administration installation and
who adhere to training standards established in accordance with
Article 4 (commencing with Section 13155) of Chapter 1 of Part
2 of Division 12 of the Health and Safety Code.
(4) Individuals Peace officers described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(5) (A) Fire and rescue services coordinators who work for the
Office of Emergency Services.
(B) For purposes of this paragraph, "fire and rescue services
coordinators" means coordinators with any of the following job
classifications: coordinator, senior coordinator, or chief
coordinator.
(b) The term "injury," as used in this division, includes cancer,
including leukemia, that develops or manifests itself during a period
in whic any member or indivi a person described in
subdivision (a) is in the service of the department or unit, if the
member or individttal person demonstrates that he or she was
exposed, while in the service of the department or unit, to a known
carcinogen as defined by the International Agency for Research
on Cancer, or as defined by the director.
(c) The compensation that is awarded for cancer shall include
full hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.
(d) The cancer so developing or manifesting itself in these cases
shall be presumed to arise out of and in the course of the
employment. This presumption is disputable and may be
controverted by evidence that the primary site of the cancer has
been established and that the carcinogen to which the member o
individttal person has demonstrated exposure is not reasonably
linked to the disabling cancer. Unless so controverted, the appeals
board is bound to find in accordance with the presumption. This
presumption shall be extended to a member
or individtial person
following termination of service for a period of three calendar
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AB 2052
months for each full year of the requisite service, but not to exceed
120 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
(e) The amendments to this section enacted during the 1999
portion of the 1999-2000 Regular Session shall be applied to
claims for benefits filed or pending on or after January 1, 1997,
including, but not limited to, claims for benefits filed on or after
that date that have previously been denied, or that are being
appealed following denial.
(f) This section shall be known, and may be cited, as the William
Dallas Jones Cancer Presumption Act of 2010.
SEC. 3. Section 3212.5 of the Labor Code is amended to read:
3212.5. In the case of an indiv -a peace officer described
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
2 of the Penal Code, when the member or individtial person is
employed upon a regular, full-time salary, the term "injury" as
used in this division includes heart trouble and pneumonia which
develops or manifests itself during a period while then etmar
individual person is in the service the compensation that is awarded
for heart trouble or pneumonia as described in this section shall
include full hospital, surgical, medical treatment, disability
indemnity, and death benefits as provided by the provisions of this
division.
(a) The heart trouble or pneumonia so developing or manifesting
itself shall be presumed to arise out of and in the course of the
employment; provided, however, that the member
or individaa4
the person shall have served five years or more in that capacity
before the presumption shall arise as to the compensability of heart
trouble so developing or manifesting itself. This presumption is
disputable and may be controverted by other evidence, but unless
so controverted, the appeals board is bound to find in accordance
with it. This presumption shall be extended to a tneffiberof
individual person following termination of service for a period of
three calendar months for each full year of the requisite service,
but not to exceed 60 months in any circumstance, commencing
with the last date actually worked in the specified capacity.
(b) The heart trouble or pneumonia so developing or manifesting
itself in these cases shall in no case be attributed to any disease
existing prior to its development or manifestation.
SEC. 4. Section 3212.6 of the Labor Code is amended to read:
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3212.6. (a) (1) In the case of an i-- iv 4ut' a peace officer
described in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2 of the Penal Code, or a prison or jail guard or
correctional officer who is employed by a public agency, when
that person is employed upon a regular, full-time salary, or in the
case of- ---oaf a member of a fire -departments department
of any city, county, or district, or other public or municipal
corporations or political subdivisions, when these
........,...bee __
individuals - - that person is employed on a regular fully paid
basis, and in the case of an active firefighting=rnetribers member
of the Department of Forestry and Fire Protection whose duties
require firefighting and first aid response services, or of any county
forestry or firefighting department or unit, ---'-ere those --embers
are if that person is employed on a regular fully paid basis,
exeepting tl3ese except persons whose principal duties are clerical
or otherwise do not clearly fall within the scope of active law
enforcement, firefighting, or emergency first aid response service
such as stenographers, telephone operators, and other
officeworkers, the term "injury" includes tuberculosis that develops
or manifests itself during a period while that member is in the
service of that department or office. The compensation that is
awarded for the tuberculosis shall include full hospital, surgical,
medical treatment, disability indemnity, and death benefits as
provided by the provisions of this division.
eke
(2) The tuberculosis—se developing or manifesting itself as
described in paragraph (1) shall be presumed to arise out of and
in the course of the employment. This presumption is disputable
and may be controverted by other evidence, but unless so
controverted, the appeals board is bound to find in accordance
with it. This presumption shall be extended to a– member –or.
Indy person described in paragraph (1) following termination
of service for a period of three calendar months for each full year
of the requisite service, but not to exceed 60 months in any
circumstance, commencing with the last date actually worked in
the specified capacity.
-A
(b) A public entity may require applicants for employment in
firefighting positions who would be entitled to the benefits granted
by this section to be tested for infection for tuberculosis.
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AB 2052
SEC. 5. Section 3212.85 of the Labor Code is amended to read:
3212.85. (a) This section applies to4nd+ iduals a peace officer
described in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2 of the Penal Code, and-nter bens a member of a fire
department.
(b) The term "injury," as used in this division, includes illness
or resulting death due to exposure to a biochemical substance that
develops or occurs during a period in which—any member or
inual a person described in subdivision (a) is in the service
of the department or unit.
(c) The compensation that is awarded for injury pursuant to this
section shall include full hospital, surgical, medical treatment,
disability indemnity, and death benefits, as provided by this
division.
(d) The injury that develops or manifests itself in these cases
shall be presumed to arise out of, and in the course of, the
employment. This presumption is disputable and may be
controverted by other evidence. Unless controverted, the appeals
board is bound to find in accordance with the presumption. This
presumption shall be extended to a member
or itid vidual person
described in subdivision (a) following termination of service for
a period of three calendar months for each full year of the requisite
service, but not to exceed 60 months in any circumstance,
commencing with the last date actually worked in the specified
capacity.
(e) For purposes of this section, the following definitions apply:
(1) "Biochemical substance" means any biological or chemical
agent that may be used as a weapon of mass destruction, including,
but not limited to, any chemical warfare agent, weaponized
biological agent, or nuclear or radiological agent, as these terms
are defined in Section 11417 of the Penal Code.
(2)"Members "Member of a fire department" includes, but is
not limited to, an apprentice, volunteer, partly paid, or fully paid
member of any of the following:
(A) A fire department of a city, county, city and county, district,
or other public or municipal corporation or political subdivision.
(B) A fire department of the University of California and the
California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
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SEC. 6. Section 3212.9 of the Labor Code is amended to read:
3212.9. In the case of an individtta4 a peace officer described
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part
2 of the Penal Code, when that person is employed on a regular,
full-time salary, or in the case of a member of a fire department
of any city, county, or district, or other public or municipal
corporation or political subdivision, or any county forestry or
firefighting department or unit, when those metr'- e-- are the person
is employed on a regular full-time salary, -exeepting-these except
persons whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement or
firefighting, such as stenographers, telephone operators, and other
officeworkers, the term "injury" includes meningitis that develops
or manifests itself during a period while that person is in the service
of that department, office, or unit. The compensation that is
awarded for the meningitis shall include full hospital, surgical,
medical treatment, disability indemnity, and death benefits as
provided by the provisions of this division.
The meningitis so developing or manifesting itself shall be
presumed to arise out of and in the course of the employment. This
presumption is disputable and may be controverted by other
evidence, but unless so controverted, the appeals board is bound
to find in accordance with it. This presumption shall be extended
to a person following termination of service for a period of three
calendar months for each full year of the requisite service, but not
to exceed 60 months in any circumstance, commencing with the
last date actually worked in the specified capacity.
SEC. 7. If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.
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AMENDED IN ASSEMBLY MAY 23, 2014
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 2378
Introduced by Assembly Member Perea
(Coauthors: Assembly Members Ian Calderon, Dababneh, Frazier,
Gonzalez, V. Manuel Perez, and Wieckowski)
February 21, 2014
An act to amend Section 4656 of the Labor Code, relating to workers'
compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2378, as amended, Perea. Workers' compensation: temporary
disability payments.
Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of Workers'
Compensation, to compensate an employee for injuries arising out of
and in the course of his or her employment. Existing law requires that
aggregate disability payments for a single injury occurring on or after
certain dates be limited, as provided.
Existing law provides that whenever any member of the Department
of Justice falling within the state peace officer/firefighter class is
disabled by injury arising out of and in the course of his or her duties,
he or she shall become entitled, regardless of his or her period of service
with the Department of Justice to a leave of absence while so disabled
without loss of salary, in lieu of disability payments under this chapter,
for a period not exceeding one year. Existing law also provides that
certain peace officers, firefighters, and other specified state and local
public employees are entitled to a leave of absence without loss of salary
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while disabled by injury or illness arising out of and in the course of
employment.
This bill would provide that the above-specified leaves of absence
without loss of salary are payable in addition to the maximum aggregate
disability payments for a single injury that is applicable to all workers.
The bill would make these provisions applicable to all claims, regardless
of the date of injury. The bill would also make related findings and
declarations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) Under current law, the courts are compelled to liberally
4 construe the workers' compensation statutes with the purpose of
5 extending related benefits for the protection of workers injured in
6 the course of their employment, so long as the intent of the
7 Legislature, as expressed in a particular statute, is not supplanted.
8 (b) With the enactment of Assembly Bill 338 of the 2007-08
9 Regular Session (AB 338), the Legislature expressly intended to
10 ameliorate what was then the unintended consequence of unfairly
11 penalizing an injured employee who returned to work that resulted
12 from the two-year limit that was placed on aggregate disability
13 payments for certain single injuries causing temporary disability.
14 (c) As introduced, the clearly stated purpose of AB 338 was to
15 alleviate the penalty to injured workers pursuant to Section 4656
16 of the Labor Code by increasing the maximum number of weeks
17 of temporary disability payments for which an injured worker may
18 be eligible, while also extending the time period of eligibility.
19 (d) In enacting AB 338, the Legislature adopted a consensus
20 solution that more closely upholds the purpose of the workers'
21 compensation system, which, by design, encourages and supports
22 injured workers in their efforts to return to work.
23 (e) Article 6 (commencing with Section 4800) and Article 7
24 (commencing with Section 4850) of Chapter 2 of Part 2 of Division
25 4 of the Labor Code, both of which govern industrially injured
26 firefighters and other local public safety officers, provide for a
27 leave of absence for up to one year without a loss of salary in lieu
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of temporary disability payments or maintenance allowance
payments while the public safety officer or firefighter is recovering
from a disability arising out of and in the course of his or her duties.
(f) The Legislature, in enacting AB 338, did not intend to limit
or reduce the amount of payments made to a public safety officer
or firefighter during his or her period of temporary disability.
(g) In January 2013, California's Court of Appeal, First District,
Division 4, issued a ruling in County of Alameda v. Workers'
Compensation Appeals Board (Knittel) (2013) 213 Cal.AppAth
278, which linked the limitations on temporary disability indemnity
payments established by Section 4656 of the Labor Code and the
payments provided under Article 6 (commencing with Section
4800) and Article 7 (commencing with Section 4850) of Chapter
2 of Part 2 of Division 4 of the Labor Code.
(h) Knittel starkly contradicts a longstanding, prevailing
authority on this issue, including several Workers' Compensation
Appeals Board decisions, that determined that the leave of absence
afforded under Article 6 (commencing with Section 4800) and
Article 7 (commencing with Section 4850) of Chapter 2 of Part 2
of Division 4 of the Labor Code is not a temporary disability
indemnity benefit, and, therefore does not count against an
industrially injured public safety officer's allowable number of
compensable weeks of temporary disability indemnity payments.
(i) In rendering Knittel, the court attributed this new
interpretation aggregating both the temporary disability indemnity
payments and the salary in lieu payments to public safety officers
(Article 6 (commencing with Section 4800) and Article 7
(commencing with Section 4850) of Chapter 2 of Part 2 of Division
4 of the Labor Code) to the subtleties of the language changes
found in AB 338.
0) This interpretation has also disenfranchised and potentially
created a disability bias against the small number of public safety
officers and firefighters who suffer severe industrial injuries as a
matter of course and rely upon the in lieu of salary payments in
addition to the temporary disability indemnity afforded to all
workers under the California system.
(k) It is imperative that the Legislature abrogate the holding in
Knittel and restore the Legislature's intent to limit aggregate
temporary disability indemnity payments under Section 4656 of
the Labor Code for a single injury causing temporary disability
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without disturbing the in -lieu payments afforded under Article 6
(commencing with Section 4800) and Article 7 (commencing with
Section 4850) of Chapter 2 of Part 2 of Division 4 of the Labor
Code.
SEC. 2. Section 4656 of the Labor Code is amended to read:
4656. (a) Aggregate disability payments for a single injury
occurring prior to January 1, 1979, causing temporary disability
shall not extend for more than 240 compensable weeks within a
period of five years from the date of the injury.
(b) Aggregate disability payments for a single injury occurring
on or after January 1, 1979, and prior to April 19, 2004, causing
temporary partial disability shall not extend for more than 240
compensable weeks within a period of five years from the date of
the injury.
(c) (1) Aggregate disability payments for a single injury
occurring on or after April 19, 2004, causing temporary disability
shall not extend for more than 104 compensable weeks within a
period of two years from the date of commencement of temporary
disability payment.
(2) Aggregate disability payments for a single injury occurring
on or after January 1, 2008, causing temporary disability shall not
extend for more than 104 compensable weeks within a period of
five years from the date of injury.
(3) Notwithstanding paragraphs (1) and (2), for an employee
who suffers from the following injuries or conditions, aggregate
disability payments for a single injury occurring on or after April
19, 2004, causing temporary disability shall not extend for more
than 240 compensable weeks within a period of five years from
the date of the injury:
(A) Acute and chronic hepatitis B.
(B) Acute and chronic hepatitis C.
(C) Amputations.
(D) Severe burns.
(E) Human immunodeficiency virus (HIV).
(F) High -velocity eye injuries.
(G) Chemical burns to the eyes.
(H) Pulmonary fibrosis.
(I) Chronic lung disease.
(d) (1) The employee benefits specified in Article 6
(commencing with Section 4800) andArticle 7 (commencing with
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1 Section 4850), are payable in addition to the maximum aggregate
2 disability payments established in this section. This subdivision
3 applies to all claims, regardless of the date of injury.
4 (2) In enacting this subdivision, it is the intent of the Legislature
5 to abrogate the holding in County of Alameda v. Workers'
6 Compensation Appeals Board (Knittel) (2013) 213 Cal.AppAth
7 278.
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