Bill Text: CA SB897 | 2015-2016 | Regular Session | Enrolled

California Senate Bill 897 (Prior Session Legislation)

Bill Title: Workers' compensation.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB897 Detail]

Download: California-2015-SB897-Enrolled.html

BILL NUMBER: SB 897	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 25, 2016
	PASSED THE ASSEMBLY  AUGUST 22, 2016
	AMENDED IN ASSEMBLY  AUGUST 19, 2016
	AMENDED IN ASSEMBLY  JUNE 16, 2016
	AMENDED IN SENATE  MAY 11, 2016
	AMENDED IN SENATE  MARCH 29, 2016

INTRODUCED BY   Senator Roth
   (Coauthor: Senator Stone)

                        JANUARY 21, 2016

   An act to add Section 4850.1 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 897, Roth. Workers' compensation.
   Existing law provides that certain peace officers, firefighters,
and other specified public employees are entitled to a leave of
absence without loss of salary while disabled by injury or illness
arising out of and in the course of employment, for the period of the
disability, not to exceed one year. The leave of absence is in lieu
of temporary disability payments or maintenance allowance payments
otherwise payable under the workers' compensation system.
   This bill would allow certain employees of local agencies,
including police officers, firefighters, and sheriffs, an additional
year of a leave of absence without loss of salary when injured by a
catastrophic injury at the hands of another, as defined.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4850.1 is added to the Labor Code, to read:
   4850.1.  (a) (1) (A) For purposes of this section, "catastrophic
injury at the hands of another" is defined as the following injuries:
severe burns, severe bodily injuries resulting from the collapse of
a building, or severe bodily injuries resulting from a shooting,
stabbing, or battery.
   (B) For purposes of this section, "severe" means loss of limb,
cognitive function, or other major bodily function that substantially
jeopardizes the injured worker's permanent ability to regain maximum
function.
   (C) A catastrophic injury must have been incurred, during duty,
through the direct result of the actions of another.
   (2) A "catastrophic injury at the hands of another" shall also
include a catastrophic injury as described in subparagraph (A) of
paragraph (1) that occurs during active firefighting operations
without respect to the cause of the fire.
   (b) Whenever any person listed in subdivision (c), who is employed
on a regular, full-time basis, and is temporarily disabled, as
determined by a physician, by a catastrophic injury at the hands of
another, he or she shall become entitled, regardless of his or her
period of service with the city, county, or district, to a leave of
absence while so disabled without loss of salary in lieu of temporary
disability payments or maintenance allowance payments, if any, that
would be payable under this chapter for the period of the disability,
and an additional year to the one-year period pursuant to Section
4850, but no more than two years total, or until that earlier date as
he or she is retired on permanent disability pension, and is
actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (c) The persons eligible under subdivision (b) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (d) This section shall apply only to persons listed in subdivision
(c) who meet the requirements of subdivision (b), and shall not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (e) If the employer is insured, the payments that, except for this
section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (f) No leave of absence taken pursuant to this section by a city,
county, or district firefighter shall be deemed to constitute family
care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
   (g) This section shall not apply to any persons described in
paragraph (1) or (2) of subdivision (c) who are employees of the City
and County of San Francisco.
   (h) A benefit received pursuant to this section is a temporary
disability benefit and is subject to the aggregate disability
payments time limit pursuant to subdivision (c) of Section 4656.