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AB-1028 Workers’ compensation.(2017-2018)

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Date Published: 06/19/2017 09:00 PM
AB1028:v96#DOCUMENT

Amended  IN  Senate  June 19, 2017
Amended  IN  Assembly  May 26, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1028


Introduced by Assembly Member Bocanegra

February 16, 2017


An act to amend Section 3213.2 of, and to repeal and add Sections 3212, 3212.5, 3212.6, 3212.85, and 3212.9 of, the Labor Code, relating to workers’ compensation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1028, as amended, Bocanegra. Workers’ compensation.
Existing law establishes a workers’ compensation system to compensate an employee for injuries arising out of, and in the course of, his or her employment. Existing law designates illnesses and conditions that constitute a compensable injury for various employees, such as members of the Department of the California Highway Patrol, firefighters, and certain peace officers. These injuries include, but are not limited to, hernia, pneumonia, heart trouble, meningitis, lower back impairments, under certain conditions, and exposure to a biochemical substance when the illness or condition develops or manifests itself during a period when the officer or employee is in service of his or her employer, as specified.
Existing law authorizes the governing board of a school district to establish a security department or a police department to ensure the safety of school district personnel and pupils and the security of the real and personal property of the school district. Existing law provides that persons employed and compensated as members of a police department of a school district, when appointed and duly sworn, are peace officers. Existing law designates persons who meet specified criteria as peace officers.
This bill would expand the coverage of the workers’ compensation provisions relating to specified compensable injuries to include peace officers employed by the police department of a school district. The bill would also make technical and clarifying changes. The bill would state the intent of the Legislature regarding those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 It is the intent of the Legislature that this act does not adversely affect decisional case law that interpreted Sections 3212, 3212.5, 3212.6, 3212.85, 3212.9, and 3213.2 of the Labor Code prior to January 1, 2018, or any case pending on January 1, 2018, that interprets any of those sections.

SECTION 1.SEC. 2.

 Section 3212 of the Labor Code is repealed.

SEC. 2.SEC. 3.

 Section 3212 is added to the Labor Code, to read:

3212.
 (a) As used in this division, the term “injury” includes both of the following:
(1) With respect to the following members, a hernia, when any part of the hernia develops or manifests itself while the member is in the service of the office, staff, division, department, or unit:
(A) Members of a sheriff’s office or the Department of the California Highway Patrol, district attorney’s staff of inspectors and investigators, or police or fire departments of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, whether those members are volunteers, or are partly paid or fully paid.
(B) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether those members are volunteers, or are partly paid or fully paid.
(C) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service.
(D) Regular salaried county or city and county peace officers.
(E) Peace officers employed by a police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code.
(2) With respect to the following members, pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the department:
(A) Members of fire departments.
(B) Members of county forestry or firefighting departments.
(C) Active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting.
(D) Members of the warden service of the Wildlife Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service.
(b) The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers’ compensation laws of this state.
(c) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall be presumed to arise out of and in the course of employment. This presumption is disputable and may be controverted by other evidence, but unless controverted by other evidence, the appeals board is bound to find in accordance with it. The presumption shall be extended to a member following termination of service for a period of three 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) Hernia, heart trouble, or pneumonia developing or manifesting as described in this section shall not be attributed to any disease existing prior to that development or manifestation.
(e) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers.

SEC. 3.SEC. 4.

 Section 3212.5 of the Labor Code is repealed.

SEC. 4.SEC. 5.

 Section 3212.5 is added to the Labor Code, to read:

3212.5.
 (a) The term “injury” as used in this division includes heart trouble and pneumonia that develops or manifests itself while a person described in this subdivision is in the service of the agency, department, or office as described in this subdivision, and the compensation that is awarded for heart trouble or pneumonia as described in this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons when those persons are employed on a regular, full-time salary:
(1) A member of a police department of a city or municipality, a sheriff or deputy sheriff, or a member of the Department of the California Highway Patrol employed on a regular, full-time salary.
(2) An inspector or investigator in a district attorney’s office of a county who is employed on a regular, full-time salary.
(3) A peace officer employed by a police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code.
(b) The heart trouble or pneumonia so developing or manifesting itself shall be presumed to arise out of and in the course of the employment, provided, however, that the person shall have served five years or more in that capacity before the presumption shall arise as to the compensability of heart trouble so developing or manifesting itself. 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 it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(c) The heart trouble or pneumonia so developing or manifesting itself in these cases shall in no case be attributed to any disease existing prior to its development or manifestation.

SEC. 5.SEC. 6.

 Section 3212.6 of the Labor Code is repealed.

SEC. 6.SEC. 7.

 Section 3212.6 is added to the Labor Code, to read:

3212.6.
 (a) (1) The term “injury” includes tuberculosis that develops or manifests itself while a person described in this paragraph is in the service of the agency, department, or office as described in this paragraph and the compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division for the following persons:
(A) A member of a police department of a city, county, or city and county, or a member of the sheriff’s office of a county, or a member of the Department of the California Highway Patrol.
(B) An inspector or investigator in a district attorney’s office of a county whose principal duties consist of active law enforcement service.
(C) A prison or jail guard or correctional officer who is employed by a public agency if that person is employed on a regular, full-time salary.
(D) A member of a fire department of any city, county, or district, or other public or municipal corporations or political subdivisions, if that person is employed on a regular, fully paid basis.
(E) An active firefighting member of the Department of Forestry and Fire Protection whose duties require firefighting and first aid response services, or of a county forestry or firefighting department or unit, if that person is employed on a regular, fully paid basis.
(F) A peace officer employed by a police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code.
(2) The tuberculosis developing or manifesting itself as described in paragraph (1) 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 it. This presumption shall be extended to a person described in paragraph (1) following termination of service for a period of three 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.
(b) A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis.
(c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, firefighting, or emergency first aid response service, such as stenographers, receptionists, and other office workers.

SEC. 7.SEC. 8.

 Section 3212.85 of the Labor Code is repealed.

SEC. 8.SEC. 9.

 Section 3212.85 is added to the Labor Code, to read:

3212.85.
 (a) The term “injury,” as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs while a person described in this subdivision is in the service of the agency, department, or unit as described in this subdivision:
(1) A peace officer described in Sections 830.1 to 830.5, inclusive, of the Penal Code.
(2) A member of a fire department.
(b) The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(c) The injury that develops or manifests 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. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of three 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) For purposes of this section, the following definitions apply:
(1) “Biochemical substance” means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code.
(2) “Member of a fire department” includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following:
(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.

SEC. 9.SEC. 10.

 Section 3212.9 of the Labor Code is repealed.

SEC. 10.SEC. 11.

 Section 3212.9 is added to the Labor Code, to read:

3212.9.
 (a) The term “injury” includes meningitis that develops or manifests itself when one of the following persons is in the service of the agency, department, or unit as described in this subdivision, and the compensation that is awarded for meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by this division:
(1) A member of a police department of a city, county, or city and county, or a member of the sheriff’s office of a county, or a member of the Department of the California Highway Patrol.
(2) A county probation officer, or an inspector or investigator in a district attorney’s office of a county whose principal duties consist of active law enforcement service and who is employed on a regular, full-time salary.
(3) A member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or a county forestry or firefighting department or unit, who is employed on a regular, full-time salary.
(4) A peace officer employed by a police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code.
(b) For purposes of this section, meningitis 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 it. This presumption shall be extended to a person following termination of service for a period of three 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.
(c) This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, or firefighting, such as stenographers, receptionists, and other office workers.

SEC. 11.SEC. 12.

 Section 3213.2 of the Labor Code is amended to read:

3213.2.
 (a) In the case of a member of a police department of a city, county, or city and county, or a member of the sheriff’s office of a county, or a peace officer employed by the Department of the California Highway Patrol, or a peace officer employed by the University of California, or a peace officer employed by a police department of a school district, as described in Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code, who has been employed for at least five years as a peace officer on a regular, full-time salary and has been required to wear a duty belt as a condition of employment, the term “injury,” as used in this division, includes lower back impairments. The compensation that is awarded for lower back impairments shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
(b) The lower back impairment so developing or manifesting itself in the peace officer 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 it. This presumption shall be extended to a person following termination of service for a period of three 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.
(c) For purposes of this section, “duty belt” means a belt used for the purpose of holding a gun, handcuffs, baton, and other items related to law enforcement.