Bill Text: CA AB1145 | 2011-2012 | Regular Session | Enrolled
Bill Title: Workers' compensation: permanent disability benefits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2012-09-28 - Consideration of Governor's veto pending. [AB1145 Detail]
Download: California-2011-AB1145-Enrolled.html
BILL NUMBER: AB 1145 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2012
PASSED THE ASSEMBLY JANUARY 26, 2012
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Cedillo
FEBRUARY 18, 2011
An act to amend Sections 4658.5 and 4658.6 of, and to add Section
4658.7 to, the Labor Code, relating to workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1145, Cedillo. Workers' compensation: permanent disability
benefits.
Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, to compensate an employee for injuries
sustained in the course of his or her employment. Existing law, for
injuries that cause permanent partial disability and occur on or
after January 1, 2004, provides supplemental job displacement
benefits in the form of a nontransferable voucher for
education-related retraining or skill enhancement for an injured
employee who does not return to work for the employer within 60 days
of the termination of temporary disability, in accordance with a
prescribed schedule based on the percentage of an injured employee's
disability. Existing law provides an exception for employers who meet
specified criteria.
This bill would provide that the above provisions shall apply to
injuries occurring on or after January 1, 2004, and before January 1,
2013. The bill would require that within 10 days of the last payment
of temporary disability, the employer provide to the employee
information that provides notice of rights pursuant to these
provisions.
This bill would provide, for injuries that cause permanent partial
disability and occur on or after January 1, 2013, for a supplemental
job displacement benefit in the form of a voucher for up to $6,000
to cover various reeducation and skill enhancement expenses, as
specified, which would expire 2 years after the date the voucher is
furnished to the employee or 5 years after the date of injury,
whichever is later. The bill would exempt employers who make an offer
of reemployment or continued employment, as specified, from
providing vouchers.
The bill would require the administrative director to adopt
regulations implementing the program.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4658.5 of the Labor Code is amended to read:
4658.5. (a) Except as provided in Section 4658.6, if the injury
causes permanent partial disability and the injured employee does not
return to work for the employer within 60 days of the termination of
temporary disability, the injured employee shall be eligible for a
supplemental job displacement benefit in the form of a
nontransferable voucher for education-related retraining or skill
enhancement, or both, at state-approved or accredited schools, as
follows:
(1) Up to four thousand dollars ($4,000) for permanent partial
disability awards of less than 15 percent.
(2) Up to six thousand dollars ($6,000) for permanent partial
disability awards between 15 and 25 percent.
(3) Up to eight thousand dollars ($8,000) for permanent partial
disability awards between 26 and 49 percent.
(4) Up to ten thousand dollars ($10,000) for permanent partial
disability awards between 50 and 99 percent.
(b) The voucher may be used for payment of tuition, fees, books,
and other expenses required by the school for retraining or skill
enhancement. No more than 10 percent of the voucher moneys may be
used for vocational or return-to-work counseling. The administrative
director shall adopt regulations governing the form of payment,
direct reimbursement to the injured employee upon presentation to the
employer of appropriate documentation and receipts, and other
matters necessary to the proper administration of the supplemental
job displacement benefit.
(c) Within 10 days of the last payment of temporary disability,
the employer shall provide to the employee, in the form and manner
prescribed by the administrative director, information that provides
notice of rights under this section.
(d) This section shall apply to injuries occurring on or after
January 1, 2004, and before January 1, 2013.
SEC. 2. Section 4658.6 of the Labor Code is amended to read:
4658.6. The employer shall not be liable for the supplemental job
displacement benefit pursuant to Section 4658.5 if the employer
meets either of the following conditions:
(a) Within 30 days of the termination of temporary disability
indemnity payments, the employer offers, and the employee rejects, or
fails to accept, in the form and manner prescribed by the
administrative director, modified work, accommodating the employee's
work restrictions, lasting at least 12 months.
(b) Within 30 days of the termination of temporary disability
indemnity payments, the employer offers, and the employee rejects, or
fails to accept, in the form and manner prescribed by the
administrative director, alternative work meeting all of the
following conditions:
(1) The employee has the ability to perform the essential
functions of the job provided.
(2) The job provided is in a regular position lasting at least 12
months.
(3) The job provided offers wages and compensation that are within
15 percent of those paid to the employee at the time of injury.
(4) The job is located within reasonable commuting distance of the
employee's residence at the time of injury.
SEC. 3. Section 4658.7 is added to the Labor Code, to read:
4658.7. (a) This section shall apply to injuries occurring on or
after January 1, 2013.
(b) If the injury causes permanent partial disability, the injured
employee shall be entitled to a supplemental job displacement
benefit as provided in this section unless the employer makes an
offer of reemployment or continued employment meeting both of the
following criteria:
(1) The offer of reemployment or continued employment is made no
later than 60 days after the receipt by the claims administrator of
the first admissible report received from either the primary treating
physician, an agreed medical evaluator, or a qualified medical
evaluator, in the form prescribed by the administrative director,
finding that the disability from all conditions for which
compensation is claimed has become permanent and stationary and that
the injury has caused permanent partial disability.
(A) The claims administrator shall forward the form prescribed by
paragraph (2) of subdivision (h) to the employer for the purpose of
fully informing the employer of work limitations resulting from the
injury which are relevant to potential regular work, modified work,
or alternative work.
(B) If the employer or claims administrator has provided the
physician with a job description for the employee's regular work,
proposed modified work, or proposed alternative work, the physician
shall evaluate whether the work limitations are compatible with the
physical requirements set forth in that job description.
(2) The offer of reemployment or continued employment is for
regular work, modified work, or alternative work in a position
expected to last for at least 12 months.
(c) The supplemental job displacement benefit shall be furnished
to the employee within 20 days after the expiration of the time for
determining the employee's entitlement pursuant to paragraph (1) of
subdivision (b).
(d) The supplemental job displacement benefit shall be furnished
in the form of a voucher redeemable as provided in this section up to
an aggregate of six thousand dollars ($6,000).
(e) The voucher may be applied to any of the following expenses at
the choice of the injured employee:
(1) Payment for education-related retraining or skill enhancement,
or both, at state-approved or accredited schools, including payment
of tuition, fees, books, and other expenses required by the school
for retraining or skill enhancement.
(2) Payment for occupational licensing or professional
certification fees, related examination fees, and examination
preparation course fees.
(3) Payment for the services of licensed placement agencies,
vocational or return-to-work counseling, and résumé preparation, all
up to a combined limit of 10 percent of the amount of the voucher.
(4) Purchase of tools required by a training or educational
program in which the employee is enrolled.
(5) Purchase of computer equipment, up to one thousand dollars
($1,000).
(6) Up to five hundred dollars ($500) as a miscellaneous expense
reimbursement or advance, payable upon request and without need for
itemized documentation or accounting. The employee shall not be
entitled to any other voucher payment for transportation, travel
expenses, telephone or Internet access, clothing or uniforms, or
incidental expenses.
(f) The voucher shall expire two years after the date the voucher
is furnished to the employee or five years after the date of injury,
whichever is later. The employee shall not be entitled to payment or
reimbursement of any expenses that have not been incurred and
appropriately submitted to the employer prior to the expiration date.
(g) An agreement to settle or release a claim for the supplemental
job displacement benefit shall be valid and enforceable only if
approved by a workers' compensation administrative law judge.
(h) The administrative director shall adopt regulations for the
administration of this section, including, but not limited to:
(1) The time, manner, and content of notices of rights under this
section.
(2) The form of a mandatory attachment to a medical report to be
forwarded to the employer pursuant to paragraph (1) of subdivision
(b) for the purpose of fully informing the employer of work
limitations resulting from the injury that are relevant to potential
regular work, modified work, or alternative work.
