Bill Text: CA AB607 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Workers' compensation: dependent children.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2013-10-13 - Chaptered by Secretary of State - Chapter 786, Statutes of 2013. [AB607 Detail]

Download: California-2013-AB607-Chaptered.html

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BILL NUMBER: AB 607	CHAPTERED
	BILL TEXT

	CHAPTER  786
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2013
	APPROVED BY GOVERNOR  OCTOBER 13, 2013
	PASSED THE SENATE  AUGUST 26, 2013
	PASSED THE ASSEMBLY  APRIL 18, 2013

INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 20, 2013

   An act to amend Sections 3501 and 4703.5 of the Labor Code,
relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 607, Perea. Workers' compensation: dependent children.
   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, and in the course of, employment.
Existing law provides certain methods for determining the amount of
workers' compensation benefits payable to a worker or his or her
dependents for purposes of temporary disability, permanent total
disability, permanent partial disability, and in the case of death.
Existing law provides that totally dependent minor children of the
deceased worker shall receive death benefits until the youngest child
attains 18 years of age, or until the death of a child physically or
mentally incapacitated from earning, at a weekly rate of at least
$224. Existing law conclusively presumes, for the purpose of
determining the amount of workers' compensation benefits, that
children under 18, or certain adult children, who were living with
the employee-parent at the time of injury resulting in death, or for
whose maintenance the employee-parent was legally liable at the time
of the injury resulting in death, is wholly dependent for support on
the deceased employee-parent if there is no surviving totally
dependent parent.
   This bill would eliminate the requirement that, in order to
conclusively presume that children under 18, or certain adult
children, are wholly dependent for support on the deceased
employee-parent, there not be a surviving totally dependent parent.
This bill would also make conforming changes.


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

  SECTION 1.  Section 3501 of the Labor Code is amended to read:
   3501.  (a) A child under the age of 18 years, or a child of any
age found by any trier of fact, whether contractual, administrative,
regulatory, or judicial, to be physically or mentally incapacitated
from earning, shall be conclusively presumed to be wholly dependent
for support upon a deceased employee-parent with whom that child is
living at the time of injury resulting in death of the parent or for
whose maintenance the parent was legally liable at the time of injury
resulting in death of the parent.
   (b) A spouse to whom a deceased employee is married at the time of
death shall be conclusively presumed to be wholly dependent for
support upon the deceased employee if the surviving spouse earned
thirty thousand dollars ($30,000) or less in the twelve months
immediately preceding the death.
  SEC. 2.  Section 4703.5 of the Labor Code is amended to read:
   4703.5.  (a) In the case of one or more totally dependent
children, as defined in Section 3501, after payment of the amount
specified in Section 4702, and notwithstanding the maximum
limitations specified in Sections 4702 and 4703, payment of death
benefits shall continue until the youngest child attains 18 years of
age, or until the death of a child physically or mentally
incapacitated from earning, in the same manner and amount as
temporary total disability indemnity would have been paid to the
employee, except that no payment shall be made at a weekly rate of
less than two hundred twenty-four dollars ($224).
   (b) (1) Notwithstanding the age limitation in subdivision (a), the
payment of death benefits shall continue until the youngest child
attains 19 years of age if the child is still attending high school
and is receiving the death benefits as a child of an active member of
a sheriff's office, an active member of a police or fire department
of a city, county, city and county, district, or other public or
municipal corporation or political subdivision, an individual
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code who is primarily engaged in active law
enforcement activities, active firefighting member of the Department
of Forestry and Fire Protection, or an active member of any county
forestry or firefighting department or unit killed in the performance
of duty.
   (2) Paragraph (1) shall not apply with respect to a child of a
person whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement or active
firefighting services, such as stenographers, telephone operators,
and other office workers.