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

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

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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-Introduced.html

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BILL NUMBER: AB 607	INTRODUCED
	BILL TEXT


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, as introduced, 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 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
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.
   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 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, there being no surviving
totally dependent parent.   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 
minor  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.