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AB-2244 Workers’ compensation: supplemental job displacement benefits.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2244


Introduced  by  Assembly Member Conway

February 24, 2012


An act to amend Section 4658.6 of the Labor Code, relating to workers’ compensation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2244, as introduced, Conway. Workers’ compensation: supplemental job displacement benefits.
Existing workers’ compensation law requires employers to compensate their employees for injuries sustained during the course of his or her employment. Existing law provides that if an injury causes permanent disability and the injured employee does not return to work for the employer within 60 days of the termination of temporary disability, the injured employee is eligible for supplemental job displacement benefits in the form of a nontransferable voucher for education-related retraining or skill enhancement. Existing law provides that employers who meet certain criteria shall not be liable for the supplemental job displacement benefit.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 4658.6 of the Labor Code is amended to read:

4658.6.
 The employer shall not be liable for the supplemental job displacement benefit if the employer meets either one of the following conditions:
(a) Within 30 days of the termination of temporary disability indemnity payments, the employer offers, and the employee rejects, or fails to accept, in the form and manner prescribed by the administrative director, modified work, accommodating the employee’s work restrictions, lasting at least 12 months.
(b) Within 30 days of the termination of temporary disability indemnity payments, the employer offers, and the employee rejects, or fails to accept, in the form and manner prescribed by the administrative director, alternative work meeting all of the following conditions:
(1) The employee has the ability to perform the essential functions of the job provided.
(2) The job provided is in a regular position lasting at least 12 months.
(3) The job provided offers wages and compensation that are within 15 percent of those paid to the employee at the time of injury.
(4) The job is located within reasonable commuting distance of the employee’s residence at the time of injury.