Bill Text: CA AB1749 | 2013-2014 | Regular Session | Amended
Bill Title: Workers' compensation: supplemental job displacement benefits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-04-01 - Re-referred to Com. on INS. [AB1749 Detail]
Download: California-2013-AB1749-Amended.html
BILL NUMBER: AB 1749 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Hagman
FEBRUARY 14, 2014
An act to amend Section 4658.7 of the Labor Code, relating to
workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1749, as amended, Hagman. Workers' compensation: supplemental
job displacement 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 occurring on or after January 1, 2013, provides supplemental
job displacement benefits in the form of a nontransferable voucher
for specified expenses, including education-related retraining or
skill enhancement, for an injured employee who has a permanent
partial disability, as specified.
This bill would make technical, nonsubstantive changes to
the supplemental job displacement benefit provision
require the administrative director to report to the
Assembly Committee on Insurance and the Senate Committee on
Insurance, on or before January 1, 2016, the extent to which injured
workers who obtained specific education or training with vouchers
issued pursuant to the provisions described above obtained employment
related to that education or training .
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
AB 1749, as amended, Hagman. Workers' compensation: supplemental
job displacement 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 occurring on or after January 1, 2013, provides supplemental
job displacement benefits in the form of a nontransferable voucher
for specified expenses, including education-related retraining or
skill enhancement, for an injured employee who has a permanent
partial disability, as specified.
This bill would make technical, nonsubstantive changes to
the supplemental job displacement benefit provision
require the administrative director to report to the
Assembly Committee on Insurance and the Senate Committee on
Insurance, on or before January 1, 2016, the extent to which injured
workers who obtained specific education or training with vouchers
issued pursuant to the provisions described above obtained employment
related to that education or training .
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4658.7 of the Labor Code is amended 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 regular, modified, or alternative work, as defined in
Section 4658.1, that meets both of the following criteria:
(1) The offer is made no later than 60 days after receipt by the
claims administrator of the first report received from either the
primary treating physician, an agreed medical evaluator, or a
qualified medical evaluator, in the form created by the
administrative director pursuant to subdivision (h), 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) If the employer or claims administrator has provided the
physician with a job description of the employee's regular work,
proposed modified work, or proposed alternative work, the physician
shall evaluate and describe in the form whether the work capacities
and activity restrictions are compatible with the physical
requirements set forth in that job description.
(B) The claims administrator shall forward the form to the
employer for the purpose of fully informing the employer of work
capacities and activity restrictions resulting from the injury that
are relevant to potential regular, modified, or alternative work.
(2) The offer is for regular work, modified work, or alternative
work lasting at least 12 months.
(c) The supplemental job displacement benefit shall be offered to
the employee within 20 days after the expiration of the time for
making an offer of regular, modified, or alternative work pursuant to
paragraph (1) of subdivision (b).
(d) The supplemental job displacement benefit shall be 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 a California public school or with a provider that is
certified and on the state's Eligible Training Provider List (ETPL),
as authorized by the federal Workforce Investment Act (Public Law
105-220), 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
submitted with appropriate documentation to the employer prior to the
expiration date.
(g) Settlement or commutation of a claim for the supplemental job
displacement benefit shall not be permitted under Chapter 2
(commencing with Section 5000) or Chapter 3 (commencing with Section
5100) of Part 3.
(h) The administrative director shall adopt regulations for the
administration of this section, including, but not limited to, both
of the following:
(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
capacities and of activity restrictions resulting from the injury
that are relevant to potential regular work, modified work, or
alternative work.
(i) An employer shall not be liable for compensation for injuries
incurred by the employee while utilizing the voucher.
(j) On or before January 1, 2016, the administrative director
shall report to the Assembly Committee on Insurance and the Senate
Committee on Insurance the extent to which injured workers who
obtained specific education or training with vouchers issued pursuant
to this section obtained employment related to that education or
training.
SECTION 1. Section 4658.7 of the Labor Code is amended 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 regular, modified, or alternative work, as defined in
Section 4658.1, that meets both of the following criteria:
(1) The offer is made no later than 60 days after receipt by the
claims administrator of the first report received from either the
primary treating physician, an agreed medical evaluator, or a
qualified medical evaluator, in the form created by the
administrative director pursuant to subdivision (h), 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) If the employer or claims administrator has provided the
physician with a job description of the employee's regular work,
proposed modified work, or proposed alternative work, the physician
shall evaluate and describe in the form whether the work capacities
and activity restrictions are compatible with the physical
requirements set forth in that job description.
(B) The claims administrator shall forward the form to the
employer for the purpose of fully informing the employer of work
capacities and activity restrictions resulting from the injury that
are relevant to potential regular, modified, or alternative work.
(2) The offer is for regular work, modified work, or alternative
work lasting at least 12 months.
(c) The supplemental job displacement benefit shall be offered to
the employee within 20 days after the expiration of the time for
making an offer of regular, modified, or alternative work pursuant to
paragraph (1) of subdivision (b).
(d) The supplemental job displacement benefit shall be 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 a California public school or with a provider that is
certified and on the state's Eligible Training Provider List (ETPL),
as authorized by the federal Workforce Investment Act (Public Law
105-220), 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
submitted with appropriate documentation to the employer prior to the
expiration date.
(g) Settlement or commutation of a claim for the supplemental job
displacement benefit shall not be permitted under Chapter 2
(commencing with Section 5000) or Chapter 3 (commencing with Section
5100) of Part 3.
(h) The administrative director shall adopt regulations for the
administration of this section, including, but not limited to, both
of the following:
(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
capacities and of activity restrictions resulting from the injury
that are relevant to potential regular work, modified work, or
alternative work.
(i) An employer shall not be liable for compensation for injuries
incurred by the employee while utilizing the voucher.
(j) On or before January 1, 2016, the administrative director
shall report to the Assembly Committee on Insurance and the Senate
Committee on Insurance the extent to which injured workers who
obtained specific education or training with vouchers issued pursuant
to this section obtained employment related to that education or
training.
