Bill Text: CA AB2451 | 2011-2012 | Regular Session | Enrolled

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Bill Title: Workers' compensation: firefighters.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2012-09-30 - Consideration of Governor's veto pending. [AB2451 Detail]

Download: California-2011-AB2451-Enrolled.html

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BILL NUMBER: AB 2451	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 23, 2012
	PASSED THE ASSEMBLY  AUGUST 28, 2012
	AMENDED IN SENATE  AUGUST 20, 2012
	AMENDED IN ASSEMBLY  APRIL 19, 2012

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

                        FEBRUARY 24, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2451, John A. Pérez. Workers' compensation: firefighters.
   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 specified criteria are met.


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 where 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 of 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 shall 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, 2012.