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SB-1346 Workers’ compensation: aggregate disability payments. (2023-2024)

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Date Published: 02/16/2024 09:00 PM
SB1346:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1346

Introduced by Senator Durazo

February 16, 2024

An act to amend Section 4656 of the Labor Code, relating to workers’ compensation.


LEGISLATIVE COUNSEL'S DIGEST


SB 1346, as introduced, Durazo. Workers’ compensation: aggregate disability payments.
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 their employment. Existing law requires every employer to establish a utilization review process, as described, and establishes an independent medical review process to resolve disputes over a utilization review decision, as specified. Existing law requires that aggregate disability payments for a single injury occurring on or after certain dates be limited to no more than 104 or 240 compensable weeks, as provided.
This bill would authorize, on or after January 1, 2025, the Workers’ Compensation Appeals Board to award temporary disability benefits, as specified, if a denial of treatment requested by a treating physician is subsequently overturned by independent medical review. The bill would prohibit the temporary disability awarded by the Workers’ Compensation Appeals Board from exceeding the time from the date of the treatment denial through the date of the independent medical review determination overturning the treatment denial.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 4656 of the Labor Code is amended to read:

4656.
 (a) Aggregate disability payments for a single injury occurring prior to January 1, 1979, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury.
(b) Aggregate disability payments for a single injury occurring on or after January 1, 1979, and prior to April 19, 2004, causing temporary partial disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury.
(c) (1) Aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment.
(2) Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury.
(3) Notwithstanding paragraphs (1) and (2), for an employee who suffers from the following injuries or conditions, aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury:
(A) Acute and chronic hepatitis B.
(B) Acute and chronic hepatitis C.
(C) Amputations.
(D) Severe burns.
(E) Human immunodeficiency virus (HIV).
(F) High-velocity eye injuries.
(G) Chemical burns to the eyes.
(H) Pulmonary fibrosis.
(I) Chronic lung disease.
(d) Notwithstanding subdivisions (a), (b), and (c), for an employee who suffers from an injury or condition defined in Section 3212.1, aggregate disability payments for a single injury occurring on or after January 1, 2023, causing temporary disability shall not extend for more than 240 compensable weeks.
(e) On or after January 1, 2025, if a denial of treatment requested by a treating physician is subsequently overturned by independent medical review, the Workers’ Compensation Appeals Board shall have the discretion to award temporary disability benefits notwithstanding the compensable weeks limits specified in subdivisions (c) and (d). In no case shall any temporary disability awarded by the Workers’ Compensation Appeals Board pursuant to this subdivision exceed the time from the date of the treatment denial through the date of the independent medical review determination overturning the treatment denial.