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AB-1400 Workers’ compensation: firefighting operations: civilian employees.(2019-2020)

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Date Published: 04/25/2019 09:00 PM
AB1400:v98#DOCUMENT

Amended  IN  Assembly  April 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1400


Introduced by Assembly Member Kamlager-Dove

February 22, 2019


An act to amend Section 3212.1 of add Section 3212.18 to the Labor Code, relating to workers’ compensation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1400, as amended, Kamlager-Dove. Workers’ compensation: fire service personnel. firefighting operations: civilian employees.
Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides that in the case of active firefighting members of certain fire departments, a compensable injury includes cancer that develops or manifests itself during the period when the firefighter demonstrates that the firefighter was exposed while the firefighter member is in the service of the public agency and exposed to a known carcinogen, as defined. Existing law establishes a presumption that the cancer in these cases arose out of, and in the course of, employment, unless the presumption is controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer.
This bill would make that presumption applicable to fire service personnel with exposure to active fires or health hazards resulting from firefighting operations, rather than active firefighting members. enact a similar law that would be applicable to other employees of a city, county, city and county, district, or other municipal corporation or political subdivision whose job duties cause them to be regularly exposed to active fires or health hazards directly resulting from firefighting operations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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


SECTION 1.

 Section 3212.18 is added to the Labor Code, to read:

3212.18.
 (a) The term “injury,” as used in this division, includes cancer, including leukemia, that develops or manifests during a period in which an individual described in subdivision (d) demonstrates that they were exposed to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director.
(b) The compensation that is awarded for an injury due to cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(c) Cancer that develops or manifests as described in subdivision (a) is presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the person has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be applied to an individual following termination of employment for a period of three calendar months for each full year of the requisite employment, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(d) This section applies to employees of a city, county, city and county, district, or other municipal corporation or political subdivision, other than the persons to whom Section 3212.1 applies, whose job duties cause the employees to be regularly exposed to active fires or health hazards directly resulting from firefighting operations, such as exposure to toxic chemicals deposited on firefighting equipment.

SECTION 1.Section 3212.1 of the Labor Code is amended to read:
3212.1.

(a)This section applies to all of the following:

(1)Fire service personnel with exposure to active fires or health hazards resulting from firefighting operations, whether volunteers, partly paid, or fully paid, of all of the following fire departments:

(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.

(2)Fire service personnel with exposure to active fires or health hazards resulting from firefighting operations of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.

(3)Fire service personnel with exposure to active fires or health hazards resulting from firefighting operations of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.

(4)Peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities.

(5)(A)Fire and rescue services coordinators who work for the Office of Emergency Services.

(B)For purposes of this paragraph, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.

(b)The term “injury,” as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which an individual described in subdivision (a) is in the service of the department or unit, if the individual demonstrates that there was exposure, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director.

(c)The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.

(d)The cancer so developing or manifesting 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 evidence that the primary site of the cancer has been established and that the carcinogen to which the person has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to an individual following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity.

(e)The amendments to this section enacted during the 1999 portion of the 1999–2000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial.

(f)This section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010.