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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 897	AMENDED
	BILL TEXT

	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, as amended, 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.
   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 4850.1 is added to the Labor Code, to read:
   4850.1.  (a) For purposes of this section, "catastrophic injury at
the hands of another" includes the following injuries: severe burns,
severe bodily injuries resulting from  a building collapse,
  the collapse of a building,  and severe bodily
injuries resulting from a shooting or stabbing. A catastrophic injury
must have been incurred, during duty, through the direct result of
the actions of another, including a battery, or through active
firefighting operations without respect to the cause of the fire.
   (b) Whenever any person listed in this subdivision, 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.