Bill Text: CA AB932 | 2019-2020 | Regular Session | Introduced
Bill Title: Workers’ compensation: off-duty firefighters.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Engrossed - Dead) 2019-05-16 - Referred to Com. on L., P.E. & R. [AB932 Detail]
Download: California-2019-AB932-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 932 |
| Introduced by Assembly Member Low (Principal coauthor: Assembly Member Petrie-Norris) |
February 20, 2019 |
An act to amend Sections 3600.1 and 3600.4 of the Labor Code, relating to workers’ compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 932, as introduced, Low.
Workers’ compensation: off-duty firefighters.
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 employment. Existing law grants workers’ compensation benefits to a firefighter, or the firefighter’s dependents, if the firefighter is injured, dies, or is disabled by proceeding to or engaging in a fire-suppression or rescue operation, or the protection of life or property, anywhere in California, but is not acting under the immediate supervision of the employer.
This bill would expand the scope of this provision to apply when a firefighter engages in a fire-suppression or rescue operation, or the protection or preservation of life or property, outside of this state.
Existing law specifies the time
periods within which various workers’ compensation proceedings may be commenced for the collection of benefits, including one year from the date of injury.
This bill would provide that for claims filed by firefighters for injuries sustained during the October 1, 2017, mass shooting in Las Vegas, Nevada, the date of injury would be January 1, 2020.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares the following:(a) Firefighters agree to be “on duty 24/7” and are not like regular employees whose duties cease at the end of a scheduled shift.
(b) With the privilege of being the protectors of the public, firefighters, in dedication to their sworn public oath, accept their sworn obligation regardless of whether they are at the firehouse or on their “own time.”
(c) For firefighters, it is instinctual not to run, but to stay and help, which is why they stood alongside their fellow public safety partners in law enforcement during the horrific active shooter event that
occurred in Las Vegas, Nevada, on October 1, 2017.
(d) Many California firefighters responded and rendered assistance during that tragic night despite being on their own time. These firefighters carried out their sworn duty to protect life and property by rendering aid and assisting injured concertgoers, many of whom reside in California.
(e) Several California firefighters themselves suffered injuries as they triaged victims and moved in and out of the hot zone. In all, 15 off-duty firefighters were shot, 13 of whom hail from California. Two of the California firefighters were hit by gunfire while performing cardiopulmonary resuscitation (CPR), one in the right arm, the other in the foot.
(f) The fire departments with multiple shooting victims were Los Angeles City with four and Los Angeles County with three, while
the following fire departments each had a single member wounded: the city fire departments of Encinitas, Glendale, San Diego, and Torrance, and the county fire department of San Bernadino.
(g) It is, therefore, the intent of the Legislature to enact legislation recognizing that California has a responsibility to ensure that its firefighters are not denied access to workers’ compensation safeguards in instances when they are injured after selflessly placing themselves in harm’s way in the protection or preservation of life or property, regardless of whether the injury occurs within or outside of this state.
SEC. 2.
Section 3600.1 of the Labor Code is amended to read:3600.1.
(a)(b) Nothing in this section shall be deemed to do either of the following:
(1) Require the extension of any benefits to a firefighter who, at the time of his or her
the firefighter’s injury, death, or disability, is acting for compensation from one an entity other than the state.
(2) Require the extension of any benefits to a firefighter employed by the state where when by departmental regulation, whether now in force or hereafter enacted or promulgated, the activity giving rise to the injury, disability, or death is expressly prohibited.
(c) If the provisions of
this section are is in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that action. However, if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(d) For claims filed pursuant to this section by firefighters for injuries sustained during the October 1, 2017, mass shooting in Las Vegas, Nevada, the date of injury for purposes of subdivision (a) of Section 5405 is January 1, 2020.
SEC. 3.
Section 3600.4 of the Labor Code is amended to read:3600.4.
(a)(b) Nothing in this section shall be deemed to:
(1) Require the extension of any benefits to a firefighter who at the time of his or her injury, death, or disability is acting for compensation from one
an entity other than the city, county, city and county, district, or other public or municipal corporation or political subdivision, or private entity, of his or her the firefighter’s primary employment or enrollment.
(2) Require the extension of any benefits to a firefighter employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, or private entity, which by charter, ordinance, departmental regulation, or private employer policy, whether now in force or hereafter enacted or promulgated, expressly prohibits the activity giving rise to the injury, disability, or death. However, this paragraph shall
does not apply to relieve the employer from liability for benefits for any injury, disability, or death of a firefighter when the firefighter is acting pursuant to Section 1799.107 of the Health and Safety Code.
(c) For claims filed pursuant to this section by a firefighter employed by a public entity, for injuries sustained during the October 1, 2017, mass shooting in Las Vegas, Nevada, the date of injury for purposes of subdivision (a) of Section 5405 is January 1, 2020.
