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

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Date Published: 01/27/2021 09:00 PM


Assembly Bill
No. 334

Introduced by Assembly Member Mullin
(Coauthor: Senator Stern)

January 27, 2021

An act to amend Section 3212.11 of the Labor Code, relating to workers’ compensation.


AB 334, as introduced, Mullin. Workers’ compensation: skin cancer.
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, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted.
This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


 Section 3212.11 of the Labor Code is amended to read:

 (a) This section applies to both all of the following: (a) active
(1) Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, and (b) active subdivision.
(2) Active state lifeguards employed by the Department of Parks and Recreation. The
(3) Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.
(b) 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 section

(e) Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.