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AB-663 Workers’ compensation: lifeguards.(2001-2002)



Current Version: 10/13/01 - Chaptered

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AB663:v90#DOCUMENT

Assembly Bill No. 663
CHAPTER 846

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

[ Filed with Secretary of State  October 13, 2001. Approved by Governor  October 12, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 663, Vargas. Workers’ compensation: lifeguards.
Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers’ compensation system. Existing law provides that, in the case of certain law enforcement officers and firefighters, the term “injury” includes heart trouble, hernia, pneumonia, and other injuries and diseases.
This bill would provide, with respect to active lifeguards employed, for more than 3 consecutive months in a calendar year, by certain local agencies and the Department of Parks and Recreation, that the term “injury” includes skin cancer that develops or manifests itself during the period of the lifeguard’s employment.
This bill would further create a rebuttable presumption that the above injury arises out of and in the course of the lifeguard’s employment if it develops or manifests during the period of the employment.

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


SECTION 1.

 Section 3212.11 is added to the Labor Code, to read:

3212.11.
 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 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.
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 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.
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 shall only apply to lifeguards employed for more than three consecutive months in a calendar year.