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AB-3051 Workers’ compensation: firefighters: death benefits.(2003-2004)

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Passed  IN  Assembly  May 25, 2004
Passed  IN  Senate  August 16, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 3051

Introduced  by  Assembly Member Nation, Vargas

March 04, 2004

An act to amend Section 5406 of, and to add Section 5406.7 to, the Labor Code, relating to workers’ compensation.


LEGISLATIVE COUNSEL'S DIGEST


AB 3051, Nation. Workers’ compensation: firefighters: death benefits.
Existing law specifies the time period within which various proceedings may be commenced under provisions of law relating to workers’ compensation. With certain exceptions, a proceeding to collect death benefits is required to be commenced within one year from the date of death or, in some cases, from the last furnishing of benefits. However, no proceedings may be commenced more than 240 weeks from the date of injury.
This bill would require that a proceeding to collect those benefits for the death of a firefighter from various medical conditions or diseases be commenced within one year from the date of death.

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


SECTION 1.

 Section 5406 of the Labor Code is amended to read:

5406.
 (a) Except as provided in Section 5406.5, 5406.6, or 5406.7, the period within which may be commenced proceedings for the collection of the benefits provided by Article 4 (commencing with Section 4700) of Chapter 2 of Part 2 is one year from any of the following:
(1) The date of death where death occurs within one year from date of injury.
(2) The date of last furnishing of any benefits under Chapter 2 (commencing with Section 4550) of Part 2, where death occurs more than one year from the date of injury.
(3) The date of death, where death occurs more than one year after the date of injury and compensation benefits have been furnished.
(b) No proceedings under subdivision (a) may be commenced more than one year after the date of death, nor more than 240 weeks from the date of injury.

SEC. 2.

 Section 5406.7 is added to the Labor Code, to read:

5406.7.
 For purposes of this division, in the case of the death of a firefighter from an injury, as defined in Section 3212, 3212.1, 3212.6 or 3212.8, that develops or manifests itself during, and is presumed to arise out of and in the course of employment, the period within which proceedings may be commenced for the collection of benefits provided by Article 4 (commencing with Section 4700) of Chapter 2 of Part 2 is one year from the date of death.