Bill Text: CA AB2337 | 2023-2024 | Regular Session | Introduced

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Bill Title: Workers’ compensation: electronic signatures.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-25 - Read second time. Ordered to Consent Calendar. [AB2337 Detail]

Download: California-2023-AB2337-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2337

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Introduced by Assembly Member Dixon

February 12, 2024

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An act to amend Sections 17 and 5003 of the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL'S DIGEST

AB 2337, as introduced, Dixon. Workers’ compensation: electronic signatures.

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 the employee’s employment. Existing law establishes a Workers’ Compensation Appeals Board and sets forth various proceedings that are required to be brought forth before the board. Existing law provides that the appeals board is vested with full power, authority, and jurisdiction to try and determine finally all the matters specified in those proceedings subject only to the review by the courts, as specified.

This bill would define “signature” for purposes of a proceeding before the board to include an electronic signature, as specified.

Existing law, as it pertains to a workers’ compensation system, requires every compromise and release agreement to be in writing and duly executed, signed by the employee or other beneficiary, and attested by 2 disinterested witnesses or acknowledged before a notary public.

This bill would authorize the above-described signature requirement to be satisfied by an electronic signature and would authorize the above-described acknowledgment requirement to be satisfied by electronic signature provided an electronic record includes specified information.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 17 of the Labor Code is amended to read:

17.

 (a) “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his their own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

(b) For purposes of a proceeding before the Workers’ Compensation Appeals Board, “signature” includes electronic record or electronic signature. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

SEC. 2.

 Section 5003 of the Labor Code is amended to read:

5003.

 (a) Every release or compromise compromise and release agreement shall be in writing and duly executed, and the signature of the employee or other beneficiary shall be attested by two disinterested witnesses or acknowledged before a notary public. The document shall specify:

(a)

(1) The date of the accident.

(b)

(2) The average weekly wages of the employee, determined according to Chapter 1 of Part 2 of this division.

(c)

(3) The nature of the disability, whether total or partial, permanent or temporary.

(d)

(4) The amount paid, or due and unpaid, to the employee up to the date of the release or agreement or death, and the amount of the payment or benefits then or thereafter to be made.

(e)

(5) The length of time such payment or benefit is to continue.

(f)

(6) In the event a claim of lien under subdivision (f) or (g) of Section 4903 has been filed, the number of days and the amount of temporary disability indemnity which should be allowed to the lien claimant.

(b) Notwithstanding any language to the contrary in the agreement, the signature required by subdivision (a) may be satisfied by an electronic signature, as described in Section 17. The requirement of acknowledgment by a notary public pursuant to subdivision (a) may be satisfied by an electronic signature provided an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.