Bill Text: CA SB795 | 2025-2026 | Regular Session | Amended

California Senate Bill 795

Bill Title: Workers’ compensation: professional athletes.

Sponsorship: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed) 2026-06-24 - June 24 set for first hearing canceled at the request of author. [SB795 Detail]

Download: California-2025-SB795-Amended.html

Amended IN Assembly June 18, 2026

Amended IN Assembly May 18, 2026

Amended IN Senate January 05, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 795

Introduced by Senator Richardson
(Coauthor: Senator Arreguín)
(Coauthors: Assembly Members Ávila Farías, Ellis, Quirk-Silva, and Blanca Rubio)

February 21, 2025

An act to amend Section 3600.5 of the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL'S DIGEST

SB 795, as amended, Richardson. Workers’ compensation: professional athletes.

Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee, as defined, for injuries sustained in the course of employment. Existing law provides that an injury may be either “specific,” occurring as the result of one incident or exposure that causes disability or need for medical treatment, or “cumulative,” occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment.

Existing law exempts an employee hired outside of this state and their employer from the occupational disease and cumulative injury provisions of this state’s workers’ compensation laws if (1) the employee is a professional athlete, defined for purposes of these provisions to include an athlete who is employed at the minor or major league level in the sport of baseball, basketball, football, ice hockey, or soccer, (2) that professional athlete is temporarily within this state doing work for their employer, and (3) the employer has furnished workers’ compensation insurance under the laws of the state other than California that covers the professional athlete’s employment while in this state, except as specified. Existing law deems a professional athlete to be temporarily within the state doing work for their employer if, during the 365 consecutive days immediately preceding the professional athlete’s last day of work for the employer within the state, the professional athlete performs less than 20% of their duty days, as defined, in the state.

This bill would revise and recast the above provisions to state that the professional athlete and their employer are exempt from the workers’ compensation system for any claim that involves occupational disease or cumulative injury made by the athlete, if the athlete did not perform any work in California or the athlete was temporarily within the state working for their employer. The bill would state that a professional athlete is temporarily within this state if the professional athlete performs less than 20% of their duty days in California, during the last 365 consecutive days of their career. The bill would define a professional athlete as anyone who is paid to play baseball, flag or tackle football, basketball, hockey, soccer, lacrosse, softball, volleyball, rugby, or cricket.

Existing law also exempts a professional athlete and their employer from the occupational disease or cumulative injury provisions of this state’s workers’ compensation laws when all of the professional athlete’s employers in their last year of work as a professional athlete are exempt from these provisions unless the professional athlete has, over the course of their professional athletic career, (1) worked for 2 or more seasons for a California-based team or teams, as defined, or worked 20% or more of their duty days in California or for a California-based team, and, (2) worked for fewer than 7 seasons for any team other than a California-based team. Existing law provides that when these conditions are met, liability is determined against those employers who employed the employee during the year immediately preceding the date of injury or the last date on which the employee was employed in an occupation exposing the employee to the hazards of the occupational disease or cumulative injury, whichever occurs first. Existing law defines a “California-based team” to mean a team that plays a majority of its home games in California.

This bill would revise these provisions to state that the workers’ compensation system does not apply to the claim of a professional athlete involving occupational disease or cumulative trauma if that athlete was exempt, as specified, and, during the last 365 days of their career as a professional athlete, was not hired as a professional athlete in California, unless over the course of their entire career as a professional athlete, (1) the athlete worked for 2 or more seasons for a California-based team or teams, as defined, or worked 20% or more of their duty days in ~~California,~~ California or for a California-based team, and (2) worked for fewer than 7 seasons for any team other than a California-based team over the their entire career as a professional athlete. The bill would provide that liability is required to be determined against the last team for whom the professional athlete was regularly working in California or that hired the professional athlete in California. during their professional athletic career. The bill would state that the team’s principal place of business is not relevant to whether a team is based in California.

The bill would provide that these changes apply to claims for benefits ~~not subject to a final award, or a final order regarding application of this section, issued prior to May 11, 2026.~~ filed on or after September 30, 2026.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 3600.5 of the Labor Code is amended to read:

3600.5.

(a) If an employee who has been hired or is regularly working in the state receives personal injury by accident arising out of and in the course of employment outside of this state, the employee or their dependents, in the case of the employee’s death, shall be entitled to compensation according to the law of this state.

(b) (1) An employee who has been hired outside of this state and their employer shall be exempted from the provisions of this division while the employee is temporarily within this state doing work for their employer if the employer has furnished workers’ compensation insurance coverage under the workers’ compensation insurance or similar laws of a state other than California, so as to cover the employee’s work while in this state if both of the following apply:

(A) The extraterritorial provisions of this division are recognized in the other state.

(B) The employers and employees who are covered in this state are likewise exempted from the application of the workers’ compensation insurance or similar laws of the other state.

(2) In any case in which paragraph (1) is satisfied, the benefits under the workers’ compensation insurance or similar laws of the other state, and other remedies under those laws, shall be the exclusive remedy against the employer for any injury, whether resulting in death or not, received by the employee while working for the employer in this state.

(c) (1) Notwithstanding subdivision (a) or (b), or any other law, and except as provided in subdivision (d), the professional athlete and their employer are exempt from this division for any claim that involves occupational disease or cumulative injury made by a professional athlete if the professional athlete did not perform any work in California or was temporarily within this state doing work for their employer.

(2) For purposes of this subdivision, a professional athlete is temporarily within this state if the professional athlete performs less than 20 percent of their duty days in California during the ~~last~~ 365 consecutive days immediately preceding the professional athlete’s last day of work for the employer within the state.

(d) (1) Notwithstanding subdivision (a) or (b), or any other law, ~~this division does not apply to a claim that involves occupational disease or cumulative injury of a professional athlete~~ the professional athlete and their employer are exempt from this division for any claim that involves occupational disease or cumulative injury made by a professional athlete if the professional athlete was exempt pursuant to subdivision (c) or any other law and was not hired in California during the last 365 days of their career as a professional athlete, unless both of the following conditions are satisfied:

(A) The professional athlete has, over the course of their ~~entire career as a professional athlete,~~ professional athletic career, worked for two or more seasons for a California-based team or teams, or the professional athlete has, over the course of their professional athletic career, worked 20 percent or more of their duty ~~days, over their entire career as a professional athlete, in California.~~ days either in California or for a California-based team. The percentage of a professional athletic career worked either within California or for a California-based team shall be determined solely by taking the number of duty days the professional athlete worked for a California-based team or teams, plus the number of duty days the professional athlete worked as a professional athlete in California for any team other than a California-based team, and dividing that number by the total number of duty days the professional athlete was employed anywhere as a professional athlete.

(B) The professional athlete has, over the course of their ~~entire career as a professional athlete,~~ professional athletic career, worked for fewer than seven seasons for any team or teams other than a California-based team.

(2) When subparagraphs (A) and (B) of paragraph (1) are both satisfied, liability ~~shall be determined against the last team for whom the professional athlete was regularly working in California or that hired the professional athlete in California.~~ for the professional athlete’s occupational disease or cumulative injury shall be determined in accordance with Section 5500.5.

(e) An employer of professional athletes, other than a California-based team, shall be exempt from Article 4 (commencing with Section 3550) of Chapter 2, and subdivisions (a) to (c), inclusive, of Section 5401.

(f) For purposes of this section, the following definitions apply to claims of a professional athlete:

(1) “California-based team” means a team that plays a majority of its home games at a designated venue in California. An employer’s principal place of business is not relevant to whether a team is based in California.

(2) “Duty day” means a day in which any services are performed by a professional athlete under the direction and control of their employer pursuant to a player contract.

(3) “Hired” means the date that the professional athlete executes their player contract and is employed by the team.

(4) “Professional athlete” means anyone paid to participate in or play the sport of baseball, flag or tackle football, basketball, hockey, soccer, lacrosse, softball, volleyball, rugby, or cricket.

(5) The term “season” means the period from the date of the first preseason team activity for that contract year, through the date of the last game the professional athlete’s team played during the same contract year.

(g) The amendments made to this section by the act adding this subdivision apply to all claims for benefits pursuant to this division filed on or after September 15, 2013. The amendments made to this section by the act adding this subdivision shall not constitute good cause to reopen any final decision, order, or award.

(h) If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

(i) This section applies to any claim for benefits ~~not subject to a final award, or a final order regarding application of this section, issued on or before May 11, 2026.~~ pursuant to this division filed on or after September 30, 2026. The amendments made to this section by the act adding this subdivision shall not constitute good cause to reopen any final decision, order, or award.