Bill Text: CA SB773 | 2013-2014 | Regular Session | Introduced

California Senate Bill 773 (Prior Session Legislation)

Introduced

Bill Title: Workers' compensation: lifeguards.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB773 Detail]

Download: California-2013-SB773-Introduced.html

BILL NUMBER: SB 773	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hernandez

                        FEBRUARY 22, 2013

   An act to amend Section 3212.11 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 773, as introduced, Hernandez. Workers' compensation:
lifeguards.
   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. The presumption is extended to a lifeguard 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.
   This bill would make technical, nonsubstantive changes to those
provisions.
   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 3212.11 of the Labor Code is amended to read:
   3212.11.   (a)    This section applies to both
of the following:  (a)   (1)  active
lifeguards employed by a city, county, city and county, district, or
other public or municipal corporation or political subdivision, and
 (b)   (2)  active state lifeguards
employed by the Department of Parks and Recreation.  The

    (b)     The  term "injury," as used in
this division, includes skin cancer that develops or manifests
itself during the period of the lifeguard's employment. The

    (c)     The    compensation
awarded for that injury shall include full hospital, surgical, and
medical treatment, disability indemnity, and death benefits, as
provided by the provisions of this division. 
    Skin 
    (d)     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 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. 
    Skin 
    (e)     Skin  cancer so developing or
manifesting itself in these cases shall not be attributed to any
disease existing prior to that development or manifestation. 

    This 
    (f)     This  section shall only apply
to lifeguards employed for more than three consecutive months in a
calendar year.