California Assembly Bill AB947 Amended / Bill

 BILL NUMBER: AB 947AMENDED BILL TEXT AMENDED IN SENATE AUGUST 30, 2011 AMENDED IN SENATE JUNE 28, 2011 AMENDED IN ASSEMBLY APRIL 27, 2011 AMENDED IN ASSEMBLY MARCH 10, 2011 INTRODUCED BY Assembly Member Solorio FEBRUARY 18, 2011 An act to amend Section 4656 of the Labor Code, relating to workers' compensation. LEGISLATIVE COUNSEL'S DIGEST AB 947, as amended, Solorio. Workers' compensation: temporary disability payments. Existing law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law generally prohibits aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability from extending for more than 104 compensable weeks within a period of 5 years from the date of injury. Under existing law, if an employee suffers from specified injuries or conditions, aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability are prohibited from extending for more than 240 compensable weeks within a period of 5 years from the date of injury. This bill would  recast the provisions to permit aggregate disability payments for a single injury causing temporary disability that occurs on or after January 1, 2012, to be extended, as prescribed, and would prohibit the payments from extending for more than 240 compensable weeks within 5 years from the date of injury   add an injury or condition where surgery or recovery from surgery occurs after 104 weeks of temporary disability benefits have been paid, provided that specified conditions are met, to the injuries or conditions for which aggregate disability payments for a single injury causing temporary disability are prohibited from extending for more than 240 compensable weeks within a period of 5 years  . Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated 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), (2), and (4)   (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.  (J) An injury or condition where surgery or recovery from surgery occurs after 104 weeks of temporary disability benefits have been paid, provided that all of the following conditions are met:   (i) The need for surgery or recovery from surgery after 104 weeks of benefits have been paid is not caused by the willful failure of the employee to undergo recommended medical treatment.   (ii) The surgery was delayed as a result of the treating physician' s advice to pursue less invasive treatments.   (iii) The surgery was recommended by the physician.   (4) (A) Except as provided in subparagraph (B), aggregate disability payments for a single injury occurring on or after January 1, 2012, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury.   (B) Notwithstanding subparagraph (A), aggregate disability payments for a single injury causing temporary disability that requires medical treatment beyond 104 weeks may be extended as required by the primary treating physician, an agreed medical evaluator, or a qualified medical evaluator to complete treatment as required for the patient to become permanent and stationary, if the need for the additional treatment is not caused by the willful failure of the worker to undergo recommended medical treatment necessary to become permanent and stationary. However, in no case shall the total aggregate disability payments extend for more than 240 compensable weeks within a period of five years from the date of injury.