Bill Text: CA AB1373 | 2013-2014 | Regular Session | Enrolled

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

Spectrum: Bipartisan Bill

Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB1373 Detail]

Download: California-2013-AB1373-Enrolled.html

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BILL NUMBER: AB 1373	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 9, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2013
	AMENDED IN SENATE  AUGUST 26, 2013
	AMENDED IN SENATE  JULY 1, 2013

INTRODUCED BY   Assembly Member John A. Pérez
   (Coauthor: Senator Cannella)

                        FEBRUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1373, John A. Pérez. 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 the date of death or, in some cases, from the last furnishing of
benefits. However, no proceedings may be commenced more than 240
weeks from the date of injury.
   This bill would provide that certain proceedings related to the
collection of death benefits of firefighters and peace officers may
be commenced within, but no later than, 480 weeks from the date of
injury and in no event more than one year after the date of death if
all of the specified criteria are met, including, but not limited to,
that the employee's death is the result of a specified injury.


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

  SECTION 1.  Section 5406 of the Labor Code is amended to read:
   5406.  (a) Except as provided in Section 5406.5 or 5406.6, 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 any of the following:
   (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, if death occurs more than one year after
the date of injury and compensation benefits have been furnished.
   (b) Except as provided in subdivision (c), proceedings under
subdivision (a) shall not be commenced more than one year after the
date of death, nor more than 240 weeks from the date of injury.
   (c) (1) Proceedings described in subdivision (a) may be commenced
within, but no later than, 480 weeks from the date of injury, and in
no event more than one year after the date of death, if all of the
following criteria are met:
   (A) 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.
   (B) The injury causing death is one of the following:
   (i) An injury as defined in Section 3212.1 to a person described
in Section 3212.1.
   (ii) An injury as defined in Section 3212.6 to a person described
in Section 3212.6.
   (iii) An injury as defined in Section 3212.8 to a person described
in Section 3212.8.
   (C) The date of injury is during the person's active service in
applicable capacities described in Section 3212.1, 3212.6, or 3212.8.

   (2) This subdivision 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, 2013.