Bill Text: CA AB2230 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Overtime compensation: private elementary or secondary academic institutions: teachers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-12 - Chaptered by Secretary of State - Chapter 314, Statutes of 2016. [AB2230 Detail]

Download: California-2015-AB2230-Introduced.html

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BILL NUMBER: AB 2230	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 18, 2016

   An act to amend Sections 4600, 5502, and 5710 of the Labor Code,
relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2230, as introduced, Chu. Workers' compensation: language
interpreters.
   (1) Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, that generally requires employers to secure
the payment of workers' compensation for injuries incurred by their
employees that arise out of, or in the course of, employment.
Existing law requires an employer to provide all medical, surgical,
chiropractic, acupuncture, and hospital treatment that is reasonably
required to cure or relieve the injured worker from the effects of
his or her injury, and makes the employer liable for the reasonable
expense incurred by or on behalf of the employee in providing
treatment, as specified.
   Existing law requires, in a workers' compensation proceeding, an
employer to provide the services of a qualified interpreter, as
defined, when, at the request of the employer, the employer's
insurer, the administrative director, the appeals board, or a workers'
compensation administrative law judge, an employee submits to
examination by a physician and the employee does not proficiently
speak or understand the English language. In addition, existing law
requires, upon request of the injured employee, the employer or
insurance carrier to pay for interpretation services if the injured
employee cannot effectively communicate with his or her treating
physician because he or she cannot proficiently speak or understand
the English language.
   This bill would require the interpreter to be an interpreter of
the employee's choice under both circumstances. The bill would also
authorize the employer to select the interpreter if interpretation
services are required and the employee has not selected an
interpreter.
   (2) Existing law establishes the Workers' Compensation Appeals
Board and vests the appeals board with full power, authority, and
jurisdiction to try and to determine specified matters in workers'
compensation proceedings, including matters relating to the recovery
of compensation, and enforcement against the employer or an insurer
of liability for compensation imposed upon the employer. Existing law
authorizes the appeals board to appoint one or more workers'
compensation judges in any proceeding. Existing law governs hearing
held before the appeals board or a workers' compensation judge.
   This bill would require, upon request from either the employee or
witness, the employer to pay for the services of a language
interpreter who is selected by the employee and who meets specified
criteria, if interpretation services are required in workers'
compensation proceedings because the injured employee or witness does
not proficiently speak or understand the English language. The bill
would authorize the employer to select the interpreter if
interpretation services are required and the employee has not
selected an interpreter, as specified.
   (3) Existing law authorizes the appeals board, a workers'
compensation judge, or any party to the action or proceeding, in any
investigation or hearing before the appeals board, to cause the
deposition of witnesses. Existing law requires the employer to pay
for the services of a language interpreter, upon request from either
a witness or deponent, if interpretation services are required
because the injured employee or deponent does not proficiently speak
or understand the English language.
   This bill would require the interpreter to be selected by the
employee, but would also authorize the employer to select the
interpreter if interpretation services are required and the employee
has not selected an interpreter. The bill would also authorize a
witness, rather than a deponent, who does not proficiently speak or
understand the English language to request the employer to pay for
the services of a language interpreter.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 4600 of the Labor Code is amended to read:
   4600.  (a) Medical, surgical, chiropractic, acupuncture, and
hospital treatment, including nursing, medicines, medical and
surgical supplies, crutches, and apparatuses, including orthotic and
prosthetic devices and services, that is reasonably required to cure
or relieve the injured worker from the effects of his or her injury
shall be provided by the employer. In the case of his or her neglect
or refusal reasonably to do so, the employer is liable for the
reasonable expense incurred by or on behalf of the employee in
providing treatment.
   (b) As used in this division and notwithstanding any other law,
medical treatment that is reasonably required to cure or relieve the
injured worker from the effects of his or her injury means treatment
that is based upon the guidelines adopted by the administrative
director pursuant to Section 5307.27.
   (c) Unless the employer or the employer's insurer has established
or contracted with a medical provider network as provided for in
Section 4616, after 30 days from the date the injury is reported, the
employee may be treated by a physician of his or her own choice or
at a facility of his or her own choice within a reasonable geographic
area. A chiropractor shall not be a treating physician after the
employee has received the maximum number of chiropractic visits
allowed by subdivision (c) of Section 4604.5.
   (d) (1) If an employee has notified his or her employer in writing
prior to the date of injury that he or she has a personal physician,
the employee shall have the right to be treated by that physician
from the date of injury if the employee has health care coverage for
nonoccupational injuries or illnesses on the date of injury in a
plan, policy, or fund as described in subdivisions (b), (c), and (d)
of Section 4616.7.
   (2) For purposes of paragraph (1), a personal physician shall meet
all of the following conditions:
   (A) Be the employee's regular physician and surgeon, licensed
pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of
the Business and Professions Code.
   (B) Be the employee's primary care physician and has previously
directed the medical treatment of the employee, and who retains the
employee's medical records, including his or her medical history.
"Personal physician" includes a medical group, if the medical group
is a single corporation or partnership composed of licensed doctors
of medicine or osteopathy, which operates an integrated
multispecialty medical group providing comprehensive medical services
predominantly for nonoccupational illnesses and injuries.
   (C) The physician agrees to be predesignated.
   (3) If the employee has health care coverage for nonoccupational
injuries or illnesses on the date of injury in a health care service
plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code, and the employer is
notified pursuant to paragraph (1), all medical treatment,
utilization review of medical treatment, access to medical treatment,
and other medical treatment issues shall be governed by Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code. Disputes regarding the provision of medical treatment shall be
resolved pursuant to Article 5.55 (commencing with Section 1374.30)
of Chapter 2.2 of Division 2 of the Health and Safety Code.
   (4) If the employee has health care coverage for nonoccupational
injuries or illnesses on the date of injury in a group health
insurance policy as described in Section 4616.7, all medical
treatment, utilization review of medical treatment, access to medical
treatment, and other medical treatment issues shall be governed by
the applicable provisions of the Insurance Code.
   (5) The insurer may require prior authorization of any
nonemergency treatment or diagnostic service and may conduct
reasonably necessary utilization review pursuant to Section 4610.
   (6) An employee shall be entitled to all medically appropriate
referrals by the personal physician to other physicians or medical
providers within the nonoccupational health care plan. An employee
shall be entitled to treatment by physicians or other medical
providers outside of the nonoccupational health care plan pursuant to
standards established in Article 5 (commencing with Section 1367) of
Chapter 2.2 of Division 2 of the Health and Safety Code.
   (e) (1) When at the request of the employer, the employer's
insurer, the administrative director, the appeals board, or a workers'
compensation administrative law judge, the employee submits to
examination by a physician, he or she shall be entitled to receive,
in addition to all other benefits herein provided, all reasonable
expenses of transportation, meals, and lodging incident to reporting
for the examination, together with one day of temporary disability
indemnity for each day of wages lost in submitting to the
examination.
   (2) Regardless of the date of injury, "reasonable expenses of
transportation" includes mileage fees from the employee's home to the
place of the examination and back at the rate of twenty-one cents
($0.21) a mile or the mileage rate adopted by the Director of 
the Department of  Human Resources pursuant to Section 19820 of
the Government Code, whichever is higher, plus any bridge tolls. The
mileage and tolls shall be paid to the employee at the time he or she
is given notification of the time and place of the examination.
   (f) When at the request of the employer, the employer's insurer,
the administrative director, the appeals board, or a workers'
compensation administrative law judge, an employee submits to
examination by a physician and the employee does not proficiently
speak or understand the English language, he or she shall be entitled
to the services of a qualified interpreter  of his or her 
 choice  in accordance with conditions and a fee schedule
prescribed by the administrative director. These services shall be
provided by the employer. For purposes of this section, "qualified
interpreter" means a language interpreter certified, or deemed
certified, pursuant to Article 8 (commencing with Section 11435.05)
of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, or Section
68566 of, the Government Code.  The employer may select the
interpreter if interpretation services are required and the employee
has not selected an interpreter. 
   (g) If the injured employee cannot effectively communicate with
his or her treating physician because he or she cannot proficiently
speak or understand the English language, the injured employee is
entitled to the services of a qualified interpreter  of his or
her choice  during medical treatment appointments. To be a
qualified interpreter for purposes of medical treatment appointments,
an interpreter is not required to meet the requirements of
subdivision (f), but shall meet any requirements established by rule
by the administrative director that are substantially similar to the
requirements set forth in Section 1367.04 of the Health and Safety
Code. The administrative director shall adopt a fee schedule for
qualified interpreter fees in accordance with this section. Upon
request of the injured employee, the employer or insurance carrier
shall pay for  interpreter   interpretation
 services. An employer shall not be required to pay for the
services of an interpreter who is not certified or is provisionally
certified by the person conducting the medical treatment or
examination unless either the employer consents in advance to the
selection of the individual who provides the interpreting service or
the injured worker requires interpreting service in a language other
than the languages designated pursuant to Section 11435.40 of the
Government Code.  The employer may select the interpreter if
interpretation services are required and the employee has not
selected an interpreter. 
   (h) Home health care services shall be provided as medical
treatment only if reasonably required to cure or relieve the injured
employee from the effects of his or her injury and prescribed by a
physician and surgeon licensed pursuant to Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code,
and subject to Section 5307.1 or  5703.8.  
5307.8.  The employer shall not be liable for home health care
services that are provided more than 14 days prior to the date of the
employer's receipt of the physician's prescription.
  SEC. 2.  Section 5502 of the Labor Code is amended to read:
   5502.  (a) Except as provided in subdivisions (b) and (d), the
hearing shall be held not less than 10 days, and not more than 60
days, after the date a declaration of readiness to proceed, on a form
prescribed by the appeals board, is filed. If a claim form has been
filed for an injury occurring on or after January 1, 1990, and before
January 1, 1994, an application for adjudication shall accompany the
declaration of readiness to proceed.
   (b) The administrative director shall establish a priority
calendar for issues requiring an expedited hearing and decision. A
hearing shall be held and a determination as to the rights of the
parties shall be made and filed within 30 days after the declaration
of readiness to proceed is filed if the issues in dispute are any of
the following, provided that if an expedited hearing is requested, no
other issue may be heard until the medical provider network dispute
is resolved:
   (1) The employee's entitlement to medical treatment pursuant to
Section 4600, except for treatment issues determined pursuant to
Sections 4610 and 4610.5.
   (2) Whether the injured employee is required to obtain treatment
within a medical provider network.
   (3) A medical treatment appointment or medical-legal examination.
   (4) The employee's entitlement to, or the amount of, temporary
disability indemnity payments.
   (5) The employee's entitlement to compensation from one or more
responsible employers when two or more employers dispute liability as
among themselves.
   (6) Any other issues requiring an expedited hearing and
determination as prescribed in rules and regulations of the
administrative director.
   (c) The administrative director shall establish a priority
conference calendar for cases in which the employee is represented by
an attorney or is or was employed by an illegally uninsured employer
and the issues in dispute are employment or injury arising out of
employment or in the course of employment. The conference shall be
conducted by a workers' compensation administrative law judge within
30 days after the declaration of readiness to proceed. If the dispute
cannot be resolved at the conference, a trial shall be set as
expeditiously as possible, unless good cause is shown why discovery
is not complete, in which case status conferences shall be held at
regular intervals. The case shall be set for trial when discovery is
complete, or when the workers' compensation administrative law judge
determines that the parties have had sufficient time in which to
complete reasonable discovery. A determination as to the rights of
the parties shall be made and filed within 30 days after the trial.
   (d) (1) In all cases, a mandatory settlement conference, except a
lien conference or a mandatory settlement lien conference, shall be
conducted not less than 10 days, and not more than 30 days, after the
filing of a declaration of readiness to proceed. If the dispute is
not resolved, the regular hearing, except a lien trial, shall be held
within 75 days after the declaration of readiness to proceed is
filed.
   (2) The settlement conference shall be conducted by a workers'
compensation administrative law judge or by a referee who is eligible
to be a workers' compensation administrative law judge or eligible
to be an arbitrator under Section 5270.5. At the mandatory settlement
conference, the referee or workers' compensation administrative law
judge shall have the authority to resolve the dispute, including the
authority to approve a compromise and release or issue a stipulated
finding and award, and if the dispute cannot be resolved, to frame
the issues and stipulations for trial. The appeals board shall adopt
any regulations needed to implement this subdivision. The presiding
workers' compensation administrative law judge shall supervise
settlement conference referees in the performance of their judicial
functions under this subdivision.
   (3) If the claim is not resolved at the mandatory settlement
conference, the parties shall file a pretrial conference statement
noting the specific issues in dispute, each party's proposed
permanent disability rating, and listing the exhibits, and disclosing
witnesses. Discovery shall close on the date of the mandatory
settlement conference. Evidence not disclosed or obtained thereafter
shall not be admissible unless the proponent of the evidence can
demonstrate that it was not available or could not have been
discovered by the exercise of due diligence prior to the settlement
conference.
   (e) In cases involving the Director of Industrial Relations in his
or her capacity as administrator of the Uninsured Employers Fund,
this section shall not apply unless proof of service, as specified in
paragraph (1) of subdivision (d) of Section 3716, has been filed
with the appeals board and provided to the Director of Industrial
Relations, valid jurisdiction has been established over the employer,
and the fund has been joined. 
   (f) If interpretation services are required because the injured
employee or witness does not proficiently speak or understand the
English language, upon request from either the employee or witness,
the employer shall pay for the services of a language interpreter who
is selected by the employee and who is certified or deemed certified
pursuant to Article 8 (commencing with Section 11435.05) of Chapter
4.5 of Part 1 of Division 3 of Title 2 of, or Section 68566 of, the
Government Code. The employer may select the interpreter if
interpretation services are required and the employee has not
selected an interpreter. The fee to be paid by the employer shall be
in accordance with the fee schedule adopted by the administrative
director and shall include any other deposition-related events as
permitted by the administrative director.  
   (f)
    (   g)  Except as provided in subdivision (a),
this section shall apply irrespective of the date of injury.
  SEC. 3.  Section 5710 of the Labor Code is amended to read:
   5710.  (a) The appeals board, a workers' compensation judge, or
any party to the action or proceeding, may, in any investigation or
hearing before the appeals board, cause the deposition of witnesses
residing within or without the state to be taken in the manner
prescribed by law for like depositions in civil actions in the
superior courts of this state under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure. To that end the
attendance of witnesses and the production of records may be
required. Depositions may be taken outside the state before any
officer authorized to administer oaths. The appeals board or a
workers' compensation judge in any proceeding before the appeals
board may cause evidence to be taken in other jurisdictions before
the agency authorized to hear workers' compensation matters in those
other jurisdictions.
   (b) If the employer or insurance carrier requests a deposition to
be taken of an injured employee, or any person claiming benefits as a
dependent of an injured employee, the deponent is entitled to
receive in addition to all other benefits:
   (1) All reasonable expenses of transportation, meals, and lodging
incident to the deposition.
   (2) Reimbursement for any loss of wages incurred during attendance
at the deposition.
   (3) One copy of the transcript of the deposition, without cost.
   (4) A reasonable allowance for attorney's fees for the deponent,
if represented by an attorney licensed by the State Bar of this
state. The fee shall be discretionary with, and, if allowed, shall be
set by, the appeals board, but shall be paid by the employer or his
or her insurer.
   (5) If interpretation services are required because the injured
employee or  deponent   witness  does not
proficiently speak or understand the English language, upon a request
from  either,   either the employee or witness,
 the employer shall pay for the services of a language
interpreter  who is selected by the employee and who is 
certified or deemed certified pursuant to Article 8 (commencing with
Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2
of, or Section 68566 of, the Government Code.  The employer may
select the interpreter if interpretation services are required and
the employee has not selected an interpreter.  The fee to be
paid by the employer shall be in accordance with the fee schedule
adopted by the administrative director and shall include any other
deposition-related events as permitted by the administrative
director.