Bill Text: CA AB948 | 2009-2010 | Regular Session | Introduced

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Bill Title: Workers' compensation: supplemental job displacement

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - From committee without further action pursuant to Joint Rule 62(a). [AB948 Detail]

Download: California-2009-AB948-Introduced.html

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BILL NUMBER: AB 948	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 26, 2009

   An act to amend Section 4658.5 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 948, as introduced, Logue. Workers' compensation: supplemental
job displacement benefits.
   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 his or her employment. Existing law, for
injuries occurring on or after January 1, 2004, provides supplemental
job displacement benefits in the form of a nontransferable voucher
for education-related retraining or skill enhancement for an injured
employee who does not return to work for the employer within 60 days
of the termination of temporary disability, in accordance with a
prescribed schedule based on the percentage of an injured employee's
disability. Existing law provides an exception for employers who meet
specified criteria.
   Existing law requires the employer, within 10 days of the last
payment of temporary disability, to provide to the employee, in the
form and manner prescribed by the administrative director,
information that provides notice of the employee's right to
supplemental job displacement benefits under the above provisions.
   This bill would provide that if the employee's work restrictions
are not yet known within 10 days of the last payment of temporary
disability, the employer is not required to send the notice regarding
the employee's supplemental job displacement benefits until after
the employee's work restrictions are known.
   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 4658.5 of the Labor Code is amended to read:
   4658.5.  (a) Except as provided in Section 4658.6, if the injury
causes permanent partial disability and the injured employee does not
return to work for the employer within 60 days of the termination of
temporary disability, the injured employee shall be eligible for a
supplemental job displacement benefit in the form of a
nontransferable voucher for education-related retraining or skill
enhancement, or both, at state-approved or accredited schools, as
follows:
   (1) Up to four thousand dollars ($4,000) for permanent partial
disability awards of less than 15 percent.
   (2) Up to six thousand dollars ($6,000) for permanent partial
disability awards between 15 and 25 percent.
   (3) Up to eight thousand dollars ($8,000) for permanent partial
disability awards between 26 and 49 percent.
   (4) Up to ten thousand dollars ($10,000) for permanent partial
disability awards between 50 and 99 percent.
   (b) The voucher may be used for payment of tuition, fees, books,
and other expenses required by the school for retraining or skill
enhancement. No more than 10 percent of the voucher moneys may be
used for vocational or return-to-work counseling. The administrative
director shall adopt regulations governing the form of payment,
direct reimbursement to the injured employee upon presentation to the
employer of appropriate documentation and receipts, and other
matters necessary to the proper administration of the supplemental
job displacement benefit.
   (c) Within 10 days of the last payment of temporary disability
 , or if the employee's work restrictions are not known at that
time, after the employee's work restrictions are known  , the
employer shall provide to the employee, in the form and manner
prescribed by the administrative director, information that provides
notice of rights under this section. This notice shall be sent by
certified mail.
   (d) This section shall apply to injuries occurring on or after
January 1, 2004.