Bill Text: CA AB1107 | 2023-2024 | Regular Session | Introduced
Bill Title: Workers’ compensation: presumptive injuries.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1107 Detail]
Download: California-2023-AB1107-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1107
| Introduced by Assembly Member Mathis |
February 15, 2023 |
An act to amend Section 3212.15 of the Labor Code, relating to workers’ compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1107, as introduced, Mathis.
Workers’ compensation: presumptive injuries.
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, until January 1, 2025, that, for certain peace officers, including specified correctional officers of the Department of Corrections and Rehabilitation, the term “injury” includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit. Existing law requires the compensation awarded pursuant to this provision to include full hospital, surgical, medical treatment, disability indemnity, and death benefits.
This bill would, for injuries occurring on or after January 1, 2024, make that provision applicable to additional members and
employees of the Department of Corrections and Rehabilitation, including members of the Office of Correctional Safety or the Office of Internal Affairs.
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 3212.15 of the Labor Code is amended to read:3212.15.
(a) This section applies to all of the following:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:
(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B) A fire department of the University of California and the California State University.
(C) The Department of Forestry and Fire Protection.
(D) A county forestry or firefighting department or unit.
(2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
(3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(4) Peace officers, as defined in Section 830.1, subdivisions (a), (b), and (c) (c), and (d) of Section 830.2, Section
830.32, subdivisions (a) and (b) of Section 830.37, and Sections 830.5 and 830.55 of the Penal Code, who are primarily engaged in active law enforcement activities.
(5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services.
(B) For purposes of this paragraph, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.
(b) In the case of a person described in subdivision (a), the term “injury,” as used in this division, includes “post-traumatic stress disorder,” as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during
a period in which any member described in subdivision (a) is in the service of the department or unit.
(c) For an injury that is diagnosed as specified in subdivision (b):
(1) The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(2) The injury so developing or manifesting itself in these cases 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 is bound to find in accordance with the presumption. This presumption shall be extended to a member 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) Compensation shall not be paid pursuant to this section for a claim of injury unless the member has performed services for the department or unit for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.
(e) This section (1) This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.
(2) The amendments to this section made by the act that added this paragraph apply to injuries occurring on or after January 1, 2024.
(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
