Bill Text: CA SB391 | 2023-2024 | Regular Session | Enrolled
Bill Title: Workers’ compensation: skin cancer.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2024-01-25 - Veto sustained. [SB391 Detail]
Download: California-2023-SB391-Enrolled.html
|
Enrolled
September 15, 2023 |
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Passed
IN
Senate
September 13, 2023 |
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Passed
IN
Assembly
September 12, 2023 |
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Amended
IN
Assembly
September 07, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 391
| Introduced by Senator Blakespear |
February 09, 2023 |
An act to amend Section 3212.11 of the Labor Code, relating to workers’ compensation.
LEGISLATIVE COUNSEL'S DIGEST
SB 391, Blakespear.
Workers’ compensation: skin cancer.
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 provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted.
This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.
This bill would incorporate additional changes to Section 3212.11 of the Labor Code proposed by AB 699 to be operative only if
this bill and AB 699 are enacted and this bill is enacted last.
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.
Section 3212.11 of the Labor Code is amended to read:3212.11.
(a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(2) Active state lifeguards employed by the Department of Parks and Recreation.
(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.
(b) The term “injury,” as used in this division, includes skin cancer that develops or manifests
itself during the period of the lifeguard’s or peace officer’s employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.
(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.
(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
SEC. 1.5.
Section 3212.11 of the Labor Code is amended to read:3212.11.
(a) This section applies to all of the following:(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, except lifeguards employed year-round on a regular, full-time basis in the Boating Safety Unit by the City of San Diego Fire-Rescue Department.
(2) Active state lifeguards employed by the Department of Parks and Recreation.
(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.
(b) The term “injury,” as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguard’s or peace officer’s employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.
(c) Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually
worked in the specified capacity.
(d) Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.
(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
