California 2023-2024 Regular Session

California Assembly Bill AB1107 Compare Versions

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11 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1107Introduced by Assembly Member MathisFebruary 15, 2023 An act to amend Section 3212.15 of the Labor Code, relating to workers compensation. LEGISLATIVE COUNSEL'S DIGESTAB 1107, as introduced, Mathis. Workers compensation: presumptive injuries.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, until January 1, 2025, that, for certain peace officers, including specified correctional officers of the Department of Corrections and Rehabilitation, the term injury includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit. Existing law requires the compensation awarded pursuant to this provision to include full hospital, surgical, medical treatment, disability indemnity, and death benefits. This bill would, for injuries occurring on or after January 1, 2024, make that provision applicable to additional members and employees of the Department of Corrections and Rehabilitation, including members of the Office of Correctional Safety or the Office of Internal Affairs. 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 3212.15 of the Labor Code is amended to read:3212.15. (a) This section applies to all of the following:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.(3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.(4) Peace officers, as defined in Section 830.1, subdivisions (a), (b), and (c) (c), and (d) of Section 830.2, Section 830.32, subdivisions (a) and (b) of Section 830.37, and Sections 830.5 and 830.55 of the Penal Code, who are primarily engaged in active law enforcement activities.(5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services.(B) For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.(b) In the case of a person described in subdivision (a), the term injury, as used in this division, includes post-traumatic stress disorder, as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit.(c) For an injury that is diagnosed as specified in subdivision (b):(1) The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(2) The injury so developing or manifesting itself in these cases 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 is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of 3 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) Compensation shall not be paid pursuant to this section for a claim of injury unless the member has performed services for the department or unit for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.(e) This section (1) This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.(2) The amendments to this section made by the act that added this paragraph apply to injuries occurring on or after January 1, 2024.(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
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33 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1107Introduced by Assembly Member MathisFebruary 15, 2023 An act to amend Section 3212.15 of the Labor Code, relating to workers compensation. LEGISLATIVE COUNSEL'S DIGESTAB 1107, as introduced, Mathis. Workers compensation: presumptive injuries.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, until January 1, 2025, that, for certain peace officers, including specified correctional officers of the Department of Corrections and Rehabilitation, the term injury includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit. Existing law requires the compensation awarded pursuant to this provision to include full hospital, surgical, medical treatment, disability indemnity, and death benefits. This bill would, for injuries occurring on or after January 1, 2024, make that provision applicable to additional members and employees of the Department of Corrections and Rehabilitation, including members of the Office of Correctional Safety or the Office of Internal Affairs. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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99 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 1107
1414
1515 Introduced by Assembly Member MathisFebruary 15, 2023
1616
1717 Introduced by Assembly Member Mathis
1818 February 15, 2023
1919
2020 An act to amend Section 3212.15 of the Labor Code, relating to workers compensation.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 1107, as introduced, Mathis. Workers compensation: presumptive injuries.
2727
2828 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, until January 1, 2025, that, for certain peace officers, including specified correctional officers of the Department of Corrections and Rehabilitation, the term injury includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit. Existing law requires the compensation awarded pursuant to this provision to include full hospital, surgical, medical treatment, disability indemnity, and death benefits. This bill would, for injuries occurring on or after January 1, 2024, make that provision applicable to additional members and employees of the Department of Corrections and Rehabilitation, including members of the Office of Correctional Safety or the Office of Internal Affairs.
2929
3030 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, until January 1, 2025, that, for certain peace officers, including specified correctional officers of the Department of Corrections and Rehabilitation, the term injury includes post-traumatic stress that develops or manifests during a period in which the injured person is in the service of the department or unit. Existing law requires the compensation awarded pursuant to this provision to include full hospital, surgical, medical treatment, disability indemnity, and death benefits.
3131
3232 This bill would, for injuries occurring on or after January 1, 2024, make that provision applicable to additional members and employees of the Department of Corrections and Rehabilitation, including members of the Office of Correctional Safety or the Office of Internal Affairs.
3333
3434 ## Digest Key
3535
3636 ## Bill Text
3737
3838 The people of the State of California do enact as follows:SECTION 1. Section 3212.15 of the Labor Code is amended to read:3212.15. (a) This section applies to all of the following:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.(3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.(4) Peace officers, as defined in Section 830.1, subdivisions (a), (b), and (c) (c), and (d) of Section 830.2, Section 830.32, subdivisions (a) and (b) of Section 830.37, and Sections 830.5 and 830.55 of the Penal Code, who are primarily engaged in active law enforcement activities.(5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services.(B) For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.(b) In the case of a person described in subdivision (a), the term injury, as used in this division, includes post-traumatic stress disorder, as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit.(c) For an injury that is diagnosed as specified in subdivision (b):(1) The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(2) The injury so developing or manifesting itself in these cases 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 is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of 3 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) Compensation shall not be paid pursuant to this section for a claim of injury unless the member has performed services for the department or unit for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.(e) This section (1) This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.(2) The amendments to this section made by the act that added this paragraph apply to injuries occurring on or after January 1, 2024.(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
3939
4040 The people of the State of California do enact as follows:
4141
4242 ## The people of the State of California do enact as follows:
4343
4444 SECTION 1. Section 3212.15 of the Labor Code is amended to read:3212.15. (a) This section applies to all of the following:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.(3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.(4) Peace officers, as defined in Section 830.1, subdivisions (a), (b), and (c) (c), and (d) of Section 830.2, Section 830.32, subdivisions (a) and (b) of Section 830.37, and Sections 830.5 and 830.55 of the Penal Code, who are primarily engaged in active law enforcement activities.(5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services.(B) For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.(b) In the case of a person described in subdivision (a), the term injury, as used in this division, includes post-traumatic stress disorder, as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit.(c) For an injury that is diagnosed as specified in subdivision (b):(1) The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(2) The injury so developing or manifesting itself in these cases 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 is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of 3 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) Compensation shall not be paid pursuant to this section for a claim of injury unless the member has performed services for the department or unit for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.(e) This section (1) This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.(2) The amendments to this section made by the act that added this paragraph apply to injuries occurring on or after January 1, 2024.(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
4545
4646 SECTION 1. Section 3212.15 of the Labor Code is amended to read:
4747
4848 ### SECTION 1.
4949
5050 3212.15. (a) This section applies to all of the following:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.(3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.(4) Peace officers, as defined in Section 830.1, subdivisions (a), (b), and (c) (c), and (d) of Section 830.2, Section 830.32, subdivisions (a) and (b) of Section 830.37, and Sections 830.5 and 830.55 of the Penal Code, who are primarily engaged in active law enforcement activities.(5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services.(B) For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.(b) In the case of a person described in subdivision (a), the term injury, as used in this division, includes post-traumatic stress disorder, as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit.(c) For an injury that is diagnosed as specified in subdivision (b):(1) The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(2) The injury so developing or manifesting itself in these cases 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 is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of 3 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) Compensation shall not be paid pursuant to this section for a claim of injury unless the member has performed services for the department or unit for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.(e) This section (1) This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.(2) The amendments to this section made by the act that added this paragraph apply to injuries occurring on or after January 1, 2024.(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
5151
5252 3212.15. (a) This section applies to all of the following:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.(3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.(4) Peace officers, as defined in Section 830.1, subdivisions (a), (b), and (c) (c), and (d) of Section 830.2, Section 830.32, subdivisions (a) and (b) of Section 830.37, and Sections 830.5 and 830.55 of the Penal Code, who are primarily engaged in active law enforcement activities.(5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services.(B) For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.(b) In the case of a person described in subdivision (a), the term injury, as used in this division, includes post-traumatic stress disorder, as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit.(c) For an injury that is diagnosed as specified in subdivision (b):(1) The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(2) The injury so developing or manifesting itself in these cases 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 is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of 3 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) Compensation shall not be paid pursuant to this section for a claim of injury unless the member has performed services for the department or unit for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.(e) This section (1) This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.(2) The amendments to this section made by the act that added this paragraph apply to injuries occurring on or after January 1, 2024.(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
5353
5454 3212.15. (a) This section applies to all of the following:(1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:(A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.(B) A fire department of the University of California and the California State University.(C) The Department of Forestry and Fire Protection.(D) A county forestry or firefighting department or unit.(2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.(3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.(4) Peace officers, as defined in Section 830.1, subdivisions (a), (b), and (c) (c), and (d) of Section 830.2, Section 830.32, subdivisions (a) and (b) of Section 830.37, and Sections 830.5 and 830.55 of the Penal Code, who are primarily engaged in active law enforcement activities.(5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services.(B) For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.(b) In the case of a person described in subdivision (a), the term injury, as used in this division, includes post-traumatic stress disorder, as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit.(c) For an injury that is diagnosed as specified in subdivision (b):(1) The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.(2) The injury so developing or manifesting itself in these cases 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 is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of 3 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) Compensation shall not be paid pursuant to this section for a claim of injury unless the member has performed services for the department or unit for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.(e) This section (1) This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.(2) The amendments to this section made by the act that added this paragraph apply to injuries occurring on or after January 1, 2024.(f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
5555
5656
5757
5858 3212.15. (a) This section applies to all of the following:
5959
6060 (1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:
6161
6262 (A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
6363
6464 (B) A fire department of the University of California and the California State University.
6565
6666 (C) The Department of Forestry and Fire Protection.
6767
6868 (D) A county forestry or firefighting department or unit.
6969
7070 (2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
7171
7272 (3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
7373
7474 (4) Peace officers, as defined in Section 830.1, subdivisions (a), (b), and (c) (c), and (d) of Section 830.2, Section 830.32, subdivisions (a) and (b) of Section 830.37, and Sections 830.5 and 830.55 of the Penal Code, who are primarily engaged in active law enforcement activities.
7575
7676 (5) (A) Fire and rescue services coordinators who work for the Office of Emergency Services.
7777
7878 (B) For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.
7979
8080 (b) In the case of a person described in subdivision (a), the term injury, as used in this division, includes post-traumatic stress disorder, as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit.
8181
8282 (c) For an injury that is diagnosed as specified in subdivision (b):
8383
8484 (1) The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
8585
8686 (2) The injury so developing or manifesting itself in these cases 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 is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of 3 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.
8787
8888 (d) Compensation shall not be paid pursuant to this section for a claim of injury unless the member has performed services for the department or unit for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.
8989
9090 (e) This section (1) This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.
9191
9292 (2) The amendments to this section made by the act that added this paragraph apply to injuries occurring on or after January 1, 2024.
9393
9494 (f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.