Enrolled  September 15, 2023
Passed  IN  Senate  September 13, 2023
Passed  IN  Assembly  September 12, 2023
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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.

SEC. 2.

 Section 1.5 of this bill incorporates amendments to Section 3212.11 of the Labor Code proposed by both this bill and AB 699. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 3212.11 of the Labor Code, and (3) this bill is enacted after AB 699, in which case Section 1 of this bill shall not become operative.