Today's Law As Amended


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AB-334 Workers’ compensation: skin cancer.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 3212.11 of the Labor Code is amended to read:

3212.11.
 (a) This section applies to all of the following:
(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(2) Active state lifeguards employed by the Department of Parks and Recreation.
(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.
This section applies to both of the following: (a) active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, and  (b) active state lifeguards employed by the Department of Parks and Recreation.  The term “injury,” as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguard’s or peace officer’s  employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by the provisions of  this division.
(c)  Skin cancer so developing or manifesting itself 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 shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer  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)  Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.
This (e)   section  Paragraphs (1) and (2) of subdivision (a)  shall only apply to lifeguards employed for more than three consecutive months in a calendar year.