California Assembly Bill AB1309 Amended / Bill

 BILL NUMBER: AB 1309AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 25, 2013 AMENDED IN ASSEMBLY APRIL 10, 2013 INTRODUCED BY Assembly Member Perea (Principal coauthor: Senator Lieu) (  Coauthor:  Assembly Member   Hagman   Coauthors:   Assembly Members   Buchanan,   Conway,   Hagman,   and Hall  ) (Coauthors: Senators Correa, Hill,  and Lara   Huff,   Lara,   and Wyland  ) FEBRUARY 22, 2013 An act to amend Sections 3600.5 and 5412 of the Labor Code, relating to workers' compensation. LEGISLATIVE COUNSEL'S DIGEST AB 1309, as amended, Perea. Workers' compensation: professional athletes. Existing workers' compensation law 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 provides that an injury may be either "specific," occurring as the result of one incident or exposure that causes disability or need for medical treatment, or "cumulative," occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment. Existing law provides that the date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that the disability was caused by his or her present or prior employment. Existing law provides that an employee who has been hired outside of this state and his or her employer are exempt from these provisions while the employee is temporarily within this state doing work for his or her employer if the employer has furnished workers' compensation insurance coverage under the workers' compensation insurance or similar laws of a state other than California, as specified. This bill would provide that an employee hired outside of this state, his or her dependents, and his or her employer shall be exempt from this state's workers' compensation laws if the employee is a professional athlete, defined, for purposes of these provisions, to include an athlete who is employed at the minor or major league level in the sport of baseball, basketball, football, hockey, or soccer, and that professional athlete is temporarily within this state doing work for his or her employer. This bill would deem a professional athlete to be temporarily within the state doing work for his or her employer if, during the 365 days immediately preceding the professional athlete's last day of work within the state, the professional athlete performs less than 90 total days of required services within the state under the direction and control of the employer. The bill would provide that if the employee is a professional athlete, the date of injury in cases of occupational diseases or cumulative injuries is the date of the employee's last injurious exposure while employed anywhere as a professional athlete, or the date of diagnosis, as defined, by a licensed physician, whichever occurs later. The bill would also provide that an employer of a professional athlete that is subject to California's workers' compensation laws is not liable for occupational disease or cumulative injury if at the time application for benefits is made the professional athlete performed his or her last year of work in an occupation that exposed him or her to the occupational disease or cumulative injury as an employee of one or more other employers that are exempt from California's workers' compensation laws  or  pursuant to the above provisions or any other law.  The bill would provide that this exception would apply to all occupational disease and cumulative injury claims filed against that employer of professional athletes, unless the professional athlete was employed for 8 or more consecutive years by the same California-based employer pursuant to a contract of hire entered into in California, and 80% or more of the professional athlete's employment as a professional athlete occurred while employed by that California-based employer against whom the claim is   filed.  The bill would provide that these changes apply to all pending claims for benefits, as specified. 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 3600.5 of the Labor Code is amended to read: 3600.5. (a) If an employee who has been hired or is regularly employed in the state receives personal injury by accident arising out of and in the course of employment outside of this state, he or she, or his or her dependents, in the case of his or her death, shall be entitled to compensation according to the law of this state. (b) (1) Except as provided in subdivision (c), an employee who has been hired outside of this state and his or her employer shall be exempted from the provisions of this division while the employee is temporarily within this state doing work for his or her employer if the employer has furnished workers' compensation insurance coverage under the workers' compensation insurance or similar laws of a state other than California, so as to cover the employee's employment while in this state if both of the following apply: (A) The extraterritorial provisions of this division are recognized in the other state. (B) The employers and employees who are covered in this state are likewise exempted from the application of the workers' compensation insurance or similar laws of the other state. (2) In any case in which paragraph (1) is applicable, the benefits under the workers' compensation insurance or similar laws of the other state, and other remedies under those laws, shall be the exclusive remedy against the employer for any injury, whether resulting in death or not, received by the employee while working for the employer in this state. (c) (1) Any professional athlete who has been hired outside of this state and his or her dependents and his or her employer shall be exempted from the provisions of this division while the professional athlete is temporarily within this state doing work for his or her employer if both of the following apply: (A) The employer has furnished workers' compensation insurance coverage or its equivalent under the laws of a state other than California. (B) The employer's workers' compensation insurance or its equivalent covers the professional athlete's employment while in this state. (2) If the conditions described in paragraph (1) are satisfied, then the benefits under the laws of the other state, and other remedies under those laws, shall be the exclusive remedy against the employer for any injury, whether resulting in death or not, received by the employee while working for the employer in this state. (3) A professional athlete shall be deemed, for purposes of this subdivision, to be temporarily within this state doing work for his or her employer if, during the 365 days immediately preceding the professional athlete's last day of work within the state, the professional athlete performs less than 90 total days of required services within the state under the direction and control of the employer. (4)  (A)    An employer of a professional athlete that is subject to this division is not liable for occupational disease or cumulative injury pursuant to Section 5500.5 if at the time application for benefits is made the professional athlete performed his or her last year of work in an occupation that exposed him or her to the occupational disease or cumulative injury as an employee of one or more other employers that are exempt from this division pursuant to paragraph (1) or any other law.  (B) This paragraph shall apply to all occupational disease and cumulative injury claims filed against an employer of professional athletes if the employer is subject to this division, unless the professional athlete was employed for eight or more consecutive years by the same California-based employer pursuant to a contract of hire entered into in California, and 80 percent or more of the professional athlete's employment as a professional athlete occurred while employed by that California-based employer against whom the claim is filed. For purposes of the paragraph, both of the following apply:   (i) A California-based employer is one with a principal place of business in this state that also plays the majority of its home games in California.   (ii) Whether 80 percent or more of a professional athlete's employment as a professional athlete occurred while employed by the same California-based employer shall be determined solely by taking the total number of days the professional athlete was employed by a California-based employer pursuant to a contract of hire entered into in California and dividing that number by the total number of days the professional athlete was employed as a professional athlete.  (5) The term "professional athlete" for purposes of this subdivision means an athlete who is employed at either a minor or major league level in the sport of baseball, basketball, football, hockey, or soccer. (6) The amendments made to this section by the act adding this paragraph apply to all pending claims for benefits pursuant to this division that have not yet been adjudicated. (d) For purposes of this section, a certificate from the duly authorized officer of the appeals board or similar department of another state certifying that the employer of the other state is insured in that state and has provided extraterritorial coverage insuring his or her employees while working within this state shall be prima facie evidence that the employer carries workers' compensation insurance. SEC. 2. Section 5412 of the Labor Code is amended to read: 5412. (a) The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that the disability was caused by his or her present or prior employment. (b) In the event the employee is a professional athlete: (1) The date of injury in cases of occupational disease or cumulative injuries is the date of the employee's last injurious exposure while employed anywhere as a professional athlete, or the date of diagnosis by a licensed physician, whichever occurs later. (2) The date of diagnosis by a licensed physician is that date on which the licensed physician informed the professional athlete of his or her medical diagnosis. (3) The time limitation in subdivision (a) of Section 5405 may be tolled only by reason of the employee's mental incompetence during the time permitted to commence proceedings pursuant to subdivision (a) of Section 5405. (4) The term "professional athlete" as used in this subdivision shall have the same meaning as set forth in paragraph (5) of subdivision (c) of Section 3600.5.