Today's Law As Amended

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AB-431 Workers’ compensation.(2003-2004)

As Amends the Law Today


 Section 3202 of the Labor Code is amended to read:

 This division and Division 5 (commencing with Section 6300) shall be liberally construed by the courts with the purpose of extending their benefits for the protection of persons injured in the course of their employment. employment, provided that the injury is both a “specific” injury as defined in Section 3208.1, and results in serious physical or bodily harm. This section shall apply only after it is determined that an injury in the course of employment has occurred. 

SEC. 2.

 Section 3208.1 of the Labor Code is amended to read:

 (a)  An injury may be either: (a) (1)  “specific,” occurring as the result of one incident or exposure which that  causes disability or need for medical treatment; or (b) (2)  “cumulative,” occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment. The date of a cumulative injury shall be the date determined under Section 5412.
(b) In order to establish that a cumulative injury is compensable, an employee shall demonstrate by a preponderance of the evidence that the injury was substantially caused by actual activities of employment.