Bill Text: CA AB947 | 2011-2012 | Regular Session | Enrolled


Bill Title: Workers' compensation: temporary disability payments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2011-10-07 - Vetoed by Governor. [AB947 Detail]

Download: California-2011-AB947-Enrolled.html
BILL NUMBER: AB 947	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 8, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2011
	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 30, 2011
	AMENDED IN SENATE  JUNE 28, 2011
	AMENDED IN ASSEMBLY  APRIL 27, 2011
	AMENDED IN ASSEMBLY  MARCH 10, 2011

INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 18, 2011

   An act to amend Section 4656 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 947, Solorio. Workers' compensation: temporary disability
payments.
   Existing law generally requires employers to secure the payment of
workers' compensation, including medical treatment, for injuries
incurred by their employees that arise out of, or in the course of,
employment. Existing law generally prohibits aggregate disability
payments for a single injury occurring on or after January 1, 2008,
causing temporary disability from extending for more than 104
compensable weeks within a period of 5 years from the date of injury.
Under existing law, if an employee suffers from specified injuries
or conditions, aggregate disability payments for a single injury
occurring on or after April 19, 2004, causing temporary disability
are prohibited from extending for more than 240 compensable weeks
within a period of 5 years from the date of injury.
   This bill would add an injury or condition occurring on or after
January 1, 2012, where surgery or recovery from surgery occurs after
104 weeks of temporary disability benefits have been paid, provided
that specified conditions are met, to the injuries or conditions for
which aggregate disability payments for a single injury causing
temporary disability are prohibited from extending for more than 240
compensable weeks within a period of 5 years.


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

  SECTION 1.  Section 4656 of the Labor Code is amended to read:
   4656.  (a) Aggregate disability payments for a single injury
occurring prior to January 1, 1979, causing temporary disability
shall not extend for more than 240 compensable weeks within a period
of five years from the date of the injury.
   (b) Aggregate disability payments for a single injury occurring on
or after January 1, 1979, and prior to April 19, 2004, causing
temporary partial disability shall not extend for more than 240
compensable weeks within a period of five years from the date of the
injury.
   (c) (1) Aggregate disability payments for a single injury
occurring on or after April 19, 2004, causing temporary disability
shall not extend for more than 104 compensable weeks within a period
of two years from the date of commencement of temporary disability
payment.
   (2) Aggregate disability payments for a single injury occurring on
or after January 1, 2008, causing temporary disability shall not
extend for more than 104 compensable weeks within a period of five
years from the date of injury.
   (3) Notwithstanding paragraphs (1) and (2), for an employee who
suffers from the following injuries or conditions, aggregate
disability payments for a single injury occurring on or after April
19, 2004, causing temporary disability shall not extend for more than
240 compensable weeks within a period of five years from the date of
the injury:
   (A) Acute and chronic hepatitis B.
   (B) Acute and chronic hepatitis C.
   (C) Amputations.
   (D) Severe burns.
   (E) Human immunodeficiency virus (HIV).
   (F) High-velocity eye injuries.
   (G) Chemical burns to the eyes.
   (H) Pulmonary fibrosis.
   (I) Chronic lung disease.
   (J) An injury or condition occurring on or after January 1, 2012,
where surgery or recovery from surgery occurs after 104 weeks of
temporary disability benefits have been paid, provided that all of
the following conditions are met:
   (i) The need for surgery or recovery from surgery after 104 weeks
of benefits have been paid is not caused by the willful failure of
the employee to undergo recommended medical treatment.
   (ii) The surgery was delayed as a result of the primary treating
physician's advice to pursue less invasive treatments.
   (iii) The surgery was recommended by the physician.
                                         
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