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AB-1145 Workers’ compensation.(2023-2024)

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Date Published: 09/12/2023 09:00 PM
AB1145:v98#DOCUMENT

Enrolled  September 12, 2023
Passed  IN  Senate  September 11, 2023
Passed  IN  Assembly  May 25, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1145

Introduced by Assembly Member Maienschein

February 16, 2023

An act to add and repeal Section 3212.16 of the Labor Code, relating to workers’ compensation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1145, Maienschein. Workers’ compensation.
Under existing law, a person injured in the course of employment is generally entitled to receive workers’ compensation on account of that injury. Existing law, until January 1, 2025, provides that, in the case of certain state and local firefighting personnel and peace officers, the term “injury” includes post-traumatic stress disorder that developed or manifested during a period while the member is in the service of the department or unit, and establishes a disputable presumption in this regard.
This bill would provide, only until January 1, 2030, that in the case of certain state nurses, psychiatric technicians, and various medical and social services specialists, the term “injury” also includes post-traumatic stress that develops or manifests itself during a period in which the injured person is in the service of the department or unit. The bill would apply to injuries occurring on or after January 1, 2024. The bill would prohibit compensation from being paid for a claim of injury unless the member has performed services for the department or unit for at least 6 months, unless the injury is caused by a sudden and extraordinary employment condition.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3212.16 is added to the Labor Code, to read:

3212.16.
 (a) This section applies to all of the following employed at the Department of Corrections and Rehabilitation, the State Department of Developmental Services, and the State Department of State Hospitals:
(1) All classifications covered in State Bargaining Unit 17.
(2) All classifications covered in State Bargaining Unit 18.
(3) All classifications covered in State Bargaining Unit 20.
(b) In the case of a person described in subdivision (a), the term “injury,” as used in this division, includes “post-traumatic stress disorder,” as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit.
(c) For an injury that is diagnosed as specified in subdivision (b):
(1) The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(2) The injury 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 other evidence, but unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of 3 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) Compensation shall not be paid pursuant to this section for a claim of injury unless the member has performed services for the department or unit for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.
(e) This section applies to injuries occurring on or after January 1, 2024.
(f) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.