| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1458Introduced by Senator LimnFebruary 18, 2022 An act to add Section 4453.1 to the Labor Code, relating to workers compensation. LEGISLATIVE COUNSEL'S DIGESTSB 1458, as introduced, Limn. Workers compensation: disability benefits: gender disparity.Existing law provides certain methods for determining workers compensation benefits payable to a worker or the workers dependents for purposes of temporary disability, permanent total disability, permanent partial disability, and in case of death.This bill would increase the payment of disability benefits by the percentage of disparity in earnings between genders, as specified. The bill would apply prospectively to injuries occurring on or after January 1, 2023. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4453.1 is added to the Labor Code, to read:4453.1. (a) (1) Notwithstanding any other provision of this division, after calculating the average weekly wage pursuant to Section 4453, the average weekly wage shall increase, in addition thereto, by the percentage of disparity in earnings between genders as reported by the applicants employer in its pay data report to the Department of Fair Employment and Housing pursuant to Chapter 10 (commencing with Section 12999) of Part 2.8 of Division 3 of Title 2 of the Government Code if the applicants average weekly wage is less than the average weekly wage of the opposite gender as reported by the applicants employer to the Department of Fair Employment and Housing.(2) An applicant whose employer has not submitted a pay data report shall have the average weekly wage disparity adjustment increased, in addition thereto, by the percentage of disparity in earning between genders as set forth in the United States Department of Labor Statistics: Employment and Earnings by Occupation.(b) This section shall only apply prospectively to injuries occurring on or after January 1, 2023. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1458Introduced by Senator LimnFebruary 18, 2022 An act to add Section 4453.1 to the Labor Code, relating to workers compensation. LEGISLATIVE COUNSEL'S DIGESTSB 1458, as introduced, Limn. Workers compensation: disability benefits: gender disparity.Existing law provides certain methods for determining workers compensation benefits payable to a worker or the workers dependents for purposes of temporary disability, permanent total disability, permanent partial disability, and in case of death.This bill would increase the payment of disability benefits by the percentage of disparity in earnings between genders, as specified. The bill would apply prospectively to injuries occurring on or after January 1, 2023. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 1458 |
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| 15 | 15 | | Introduced by Senator LimnFebruary 18, 2022 |
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| 17 | 17 | | Introduced by Senator Limn |
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| 18 | 18 | | February 18, 2022 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to add Section 4453.1 to the Labor Code, relating to workers compensation. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 1458, as introduced, Limn. Workers compensation: disability benefits: gender disparity. |
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| 28 | 28 | | Existing law provides certain methods for determining workers compensation benefits payable to a worker or the workers dependents for purposes of temporary disability, permanent total disability, permanent partial disability, and in case of death.This bill would increase the payment of disability benefits by the percentage of disparity in earnings between genders, as specified. The bill would apply prospectively to injuries occurring on or after January 1, 2023. |
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| 30 | 30 | | Existing law provides certain methods for determining workers compensation benefits payable to a worker or the workers dependents for purposes of temporary disability, permanent total disability, permanent partial disability, and in case of death. |
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| 31 | 31 | | |
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| 32 | 32 | | This bill would increase the payment of disability benefits by the percentage of disparity in earnings between genders, as specified. The bill would apply prospectively to injuries occurring on or after January 1, 2023. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 4453.1 is added to the Labor Code, to read:4453.1. (a) (1) Notwithstanding any other provision of this division, after calculating the average weekly wage pursuant to Section 4453, the average weekly wage shall increase, in addition thereto, by the percentage of disparity in earnings between genders as reported by the applicants employer in its pay data report to the Department of Fair Employment and Housing pursuant to Chapter 10 (commencing with Section 12999) of Part 2.8 of Division 3 of Title 2 of the Government Code if the applicants average weekly wage is less than the average weekly wage of the opposite gender as reported by the applicants employer to the Department of Fair Employment and Housing.(2) An applicant whose employer has not submitted a pay data report shall have the average weekly wage disparity adjustment increased, in addition thereto, by the percentage of disparity in earning between genders as set forth in the United States Department of Labor Statistics: Employment and Earnings by Occupation.(b) This section shall only apply prospectively to injuries occurring on or after January 1, 2023. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 4453.1 is added to the Labor Code, to read:4453.1. (a) (1) Notwithstanding any other provision of this division, after calculating the average weekly wage pursuant to Section 4453, the average weekly wage shall increase, in addition thereto, by the percentage of disparity in earnings between genders as reported by the applicants employer in its pay data report to the Department of Fair Employment and Housing pursuant to Chapter 10 (commencing with Section 12999) of Part 2.8 of Division 3 of Title 2 of the Government Code if the applicants average weekly wage is less than the average weekly wage of the opposite gender as reported by the applicants employer to the Department of Fair Employment and Housing.(2) An applicant whose employer has not submitted a pay data report shall have the average weekly wage disparity adjustment increased, in addition thereto, by the percentage of disparity in earning between genders as set forth in the United States Department of Labor Statistics: Employment and Earnings by Occupation.(b) This section shall only apply prospectively to injuries occurring on or after January 1, 2023. |
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| 46 | 46 | | SECTION 1. Section 4453.1 is added to the Labor Code, to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 4453.1. (a) (1) Notwithstanding any other provision of this division, after calculating the average weekly wage pursuant to Section 4453, the average weekly wage shall increase, in addition thereto, by the percentage of disparity in earnings between genders as reported by the applicants employer in its pay data report to the Department of Fair Employment and Housing pursuant to Chapter 10 (commencing with Section 12999) of Part 2.8 of Division 3 of Title 2 of the Government Code if the applicants average weekly wage is less than the average weekly wage of the opposite gender as reported by the applicants employer to the Department of Fair Employment and Housing.(2) An applicant whose employer has not submitted a pay data report shall have the average weekly wage disparity adjustment increased, in addition thereto, by the percentage of disparity in earning between genders as set forth in the United States Department of Labor Statistics: Employment and Earnings by Occupation.(b) This section shall only apply prospectively to injuries occurring on or after January 1, 2023. |
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| 52 | 52 | | 4453.1. (a) (1) Notwithstanding any other provision of this division, after calculating the average weekly wage pursuant to Section 4453, the average weekly wage shall increase, in addition thereto, by the percentage of disparity in earnings between genders as reported by the applicants employer in its pay data report to the Department of Fair Employment and Housing pursuant to Chapter 10 (commencing with Section 12999) of Part 2.8 of Division 3 of Title 2 of the Government Code if the applicants average weekly wage is less than the average weekly wage of the opposite gender as reported by the applicants employer to the Department of Fair Employment and Housing.(2) An applicant whose employer has not submitted a pay data report shall have the average weekly wage disparity adjustment increased, in addition thereto, by the percentage of disparity in earning between genders as set forth in the United States Department of Labor Statistics: Employment and Earnings by Occupation.(b) This section shall only apply prospectively to injuries occurring on or after January 1, 2023. |
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| 54 | 54 | | 4453.1. (a) (1) Notwithstanding any other provision of this division, after calculating the average weekly wage pursuant to Section 4453, the average weekly wage shall increase, in addition thereto, by the percentage of disparity in earnings between genders as reported by the applicants employer in its pay data report to the Department of Fair Employment and Housing pursuant to Chapter 10 (commencing with Section 12999) of Part 2.8 of Division 3 of Title 2 of the Government Code if the applicants average weekly wage is less than the average weekly wage of the opposite gender as reported by the applicants employer to the Department of Fair Employment and Housing.(2) An applicant whose employer has not submitted a pay data report shall have the average weekly wage disparity adjustment increased, in addition thereto, by the percentage of disparity in earning between genders as set forth in the United States Department of Labor Statistics: Employment and Earnings by Occupation.(b) This section shall only apply prospectively to injuries occurring on or after January 1, 2023. |
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| 58 | 58 | | 4453.1. (a) (1) Notwithstanding any other provision of this division, after calculating the average weekly wage pursuant to Section 4453, the average weekly wage shall increase, in addition thereto, by the percentage of disparity in earnings between genders as reported by the applicants employer in its pay data report to the Department of Fair Employment and Housing pursuant to Chapter 10 (commencing with Section 12999) of Part 2.8 of Division 3 of Title 2 of the Government Code if the applicants average weekly wage is less than the average weekly wage of the opposite gender as reported by the applicants employer to the Department of Fair Employment and Housing. |
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| 60 | 60 | | (2) An applicant whose employer has not submitted a pay data report shall have the average weekly wage disparity adjustment increased, in addition thereto, by the percentage of disparity in earning between genders as set forth in the United States Department of Labor Statistics: Employment and Earnings by Occupation. |
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| 62 | 62 | | (b) This section shall only apply prospectively to injuries occurring on or after January 1, 2023. |
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