Bill Text: CA AB1035 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 1035 (Prior Session Legislation)

Bill Title: Workers' compensation: firefighters and peace officers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-05-13 - Chaptered by Secretary of State - Chapter 15, Statutes of 2014. [AB1035 Detail]

Download: California-2013-AB1035-Chaptered.html

BILL NUMBER: AB 1035	CHAPTERED
	BILL TEXT

	CHAPTER  15
	FILED WITH SECRETARY OF STATE  MAY 13, 2014
	APPROVED BY GOVERNOR  MAY 13, 2014
	PASSED THE SENATE  APRIL 28, 2014
	PASSED THE ASSEMBLY  MAY 1, 2014
	AMENDED IN SENATE  APRIL 22, 2014
	AMENDED IN SENATE  MARCH 27, 2014
	AMENDED IN ASSEMBLY  MAY 16, 2013
	AMENDED IN ASSEMBLY  APRIL 4, 2013

INTRODUCED BY   Assembly Member John A. P�rez
   (Coauthor: Assembly Member Bonta)

                        FEBRUARY 22, 2013

   An act to amend Section 5406 of, and to add and repeal Section
5406.7 of, the Labor Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1035, John A. P�rez. 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 if 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, only until January 1, 2019, extend the time
period to commence proceedings to collect death benefits, if the
proceedings are brought by, or on behalf of, a person who was a
dependent on the date of death, from 240 weeks from the date of
injury to no later than 420 weeks from the date of injury, not to
exceed one year after the date of death. This provision would apply
only to a specified injury causing death, including cancer,
tuberculosis, or a bloodborne infectious disease or
methicillin-resistant Staphylococcus aureus skin infections, and
would apply only to specified deceased members, including peace
officers and active firefighting members. The bill would prohibit the
payment of death benefits under these provisions under specified
circumstances.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature that the
Administrative Director of the Division of Workers' Compensation
collect data pursuant to subdivision (a) of Section 3702.2 for the
purpose of determining whether the extended statute of limitations
established by this act provides an adequate timeline for the
families of fallen firefighters and peace officers to commence
proceedings for the collection of death benefits as provided for in
this act, such that the Legislature and the Governor, when
considering any extension of the date of repeal of Section 5406.7 of
the Labor Code, be informed of the facts surrounding the mortality
rate of public safety officers who succumb to these job-related
diseases.
  SEC. 2.  Section 5406 of the Labor Code is amended to read:
   5406.   (a) Except as provided in Section 5406.5, 5406.6, or
5406.7, the period within which may be commenced proceedings for the
collection of the benefits provided by Article 4 (commencing with
Section 4700) of Chapter 2 of Part 2 is one year from:
   (1) The date of death if death occurs within one year from date of
injury.
   (2) The date of last furnishing of any benefits under Chapter 2
(commencing with Section 4550) of Part 2, if death occurs more than
one year from the date of injury.
   (3) The date of death, where death occurs more than one year after
the date of injury and compensation benefits have been furnished.
   (b) Proceedings shall not be commenced more than one year after
the date of death, nor more than 240 weeks from the date of injury.
  SEC. 3.  Section 5406.7 is added to the Labor Code, to read:
   5406.7.  (a) In addition to the timelines established pursuant to
Section 5406, proceedings for the collection of the benefits provided
by Article 4 (commencing with Section 4700) of Chapter 2 of Part 2
may be commenced after 240 weeks from the date of injury and no later
than 420 weeks from the date of injury, but in no event more than
one year after the date of death, if all of the following criteria
are met:
   (1) The proceedings are brought for the collection of benefits by,
or on behalf of, a person who was a dependent on the date of death.
The extent of dependency shall be determined in accordance with the
facts as they existed at the time of death of the employee.
   (2) The injury causing death is one of the following:
   (A) An injury as defined in Section 3212.1 to a person described
in Section 3212.1.
   (B) An injury as defined in Section 3212.6 to a person described
in Section 3212.6.
   (C) An injury as defined in Section 3212.8 to a person described
in Section 3212.8.
   (3) The date of injury is during the person's active service in
applicable capacities described in Section 3212.1, 3212.6, or 3212.8.

   (b) This section does not apply to claims for the collection of
benefits pursuant to Article 4 (commencing with Section 4700) of
Chapter 2 of Part 2 that have already been adjudicated, or otherwise
finalized, or for which the commencement period lapsed on or before
December 31, 2014.
   (c) No dependency death benefit shall be payable pursuant to
proceedings commenced more than 240 weeks from the date of injury
unless either no proceedings were commenced within 240 weeks from the
date of injury, or, if proceedings were commenced within that
period, it has been finally determined that no person is entitled to
dependency death benefits pursuant to the proceedings that were
commenced within that period.
   (d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.