CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2337Introduced by Assembly Member DixonFebruary 12, 2024 An act to amend Sections 17 and 5003 of the Labor Code, relating to workers compensation. LEGISLATIVE COUNSEL'S DIGESTAB 2337, as introduced, Dixon. Workers compensation: electronic signatures.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 the employees employment. Existing law establishes a Workers Compensation Appeals Board and sets forth various proceedings that are required to be brought forth before the board. Existing law provides that the appeals board is vested with full power, authority, and jurisdiction to try and determine finally all the matters specified in those proceedings subject only to the review by the courts, as specified.This bill would define signature for purposes of a proceeding before the board to include an electronic signature, as specified.Existing law, as it pertains to a workers compensation system, requires every compromise and release agreement to be in writing and duly executed, signed by the employee or other beneficiary, and attested by 2 disinterested witnesses or acknowledged before a notary public.This bill would authorize the above-described signature requirement to be satisfied by an electronic signature and would authorize the above-described acknowledgment requirement to be satisfied by electronic signature provided an electronic record includes specified information.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 17 of the Labor Code is amended to read:17. (a) Signature or subscription includes mark when the signer or subscriber can not write, such signers or subscribers name being written near the mark by a witness who writes his their own name near the signers or subscribers name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.(b) For purposes of a proceeding before the Workers Compensation Appeals Board, signature includes electronic record or electronic signature. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.SEC. 2. Section 5003 of the Labor Code is amended to read:5003. (a) Every release or compromise compromise and release agreement shall be in writing and duly executed, and the signature of the employee or other beneficiary shall be attested by two disinterested witnesses or acknowledged before a notary public. The document shall specify:(a)(1) The date of the accident.(b)(2) The average weekly wages of the employee, determined according to Chapter 1 of Part 2 of this division.(c)(3) The nature of the disability, whether total or partial, permanent or temporary.(d)(4) The amount paid, or due and unpaid, to the employee up to the date of the release or agreement or death, and the amount of the payment or benefits then or thereafter to be made.(e)(5) The length of time such payment or benefit is to continue.(f)(6) In the event a claim of lien under subdivision (f) or (g) of Section 4903 has been filed, the number of days and the amount of temporary disability indemnity which should be allowed to the lien claimant.(b) Notwithstanding any language to the contrary in the agreement, the signature required by subdivision (a) may be satisfied by an electronic signature, as described in Section 17. The requirement of acknowledgment by a notary public pursuant to subdivision (a) may be satisfied by an electronic signature provided an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2337Introduced by Assembly Member DixonFebruary 12, 2024 An act to amend Sections 17 and 5003 of the Labor Code, relating to workers compensation. LEGISLATIVE COUNSEL'S DIGESTAB 2337, as introduced, Dixon. Workers compensation: electronic signatures.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 the employees employment. Existing law establishes a Workers Compensation Appeals Board and sets forth various proceedings that are required to be brought forth before the board. Existing law provides that the appeals board is vested with full power, authority, and jurisdiction to try and determine finally all the matters specified in those proceedings subject only to the review by the courts, as specified.This bill would define signature for purposes of a proceeding before the board to include an electronic signature, as specified.Existing law, as it pertains to a workers compensation system, requires every compromise and release agreement to be in writing and duly executed, signed by the employee or other beneficiary, and attested by 2 disinterested witnesses or acknowledged before a notary public.This bill would authorize the above-described signature requirement to be satisfied by an electronic signature and would authorize the above-described acknowledgment requirement to be satisfied by electronic signature provided an electronic record includes specified information.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2337
Introduced by Assembly Member DixonFebruary 12, 2024
Introduced by Assembly Member Dixon
February 12, 2024
An act to amend Sections 17 and 5003 of the Labor Code, relating to workers compensation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2337, as introduced, Dixon. Workers compensation: electronic signatures.
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 the employees employment. Existing law establishes a Workers Compensation Appeals Board and sets forth various proceedings that are required to be brought forth before the board. Existing law provides that the appeals board is vested with full power, authority, and jurisdiction to try and determine finally all the matters specified in those proceedings subject only to the review by the courts, as specified.This bill would define signature for purposes of a proceeding before the board to include an electronic signature, as specified.Existing law, as it pertains to a workers compensation system, requires every compromise and release agreement to be in writing and duly executed, signed by the employee or other beneficiary, and attested by 2 disinterested witnesses or acknowledged before a notary public.This bill would authorize the above-described signature requirement to be satisfied by an electronic signature and would authorize the above-described acknowledgment requirement to be satisfied by electronic signature provided an electronic record includes specified information.
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 the employees employment. Existing law establishes a Workers Compensation Appeals Board and sets forth various proceedings that are required to be brought forth before the board. Existing law provides that the appeals board is vested with full power, authority, and jurisdiction to try and determine finally all the matters specified in those proceedings subject only to the review by the courts, as specified.
This bill would define signature for purposes of a proceeding before the board to include an electronic signature, as specified.
Existing law, as it pertains to a workers compensation system, requires every compromise and release agreement to be in writing and duly executed, signed by the employee or other beneficiary, and attested by 2 disinterested witnesses or acknowledged before a notary public.
This bill would authorize the above-described signature requirement to be satisfied by an electronic signature and would authorize the above-described acknowledgment requirement to be satisfied by electronic signature provided an electronic record includes specified information.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 17 of the Labor Code is amended to read:17. (a) Signature or subscription includes mark when the signer or subscriber can not write, such signers or subscribers name being written near the mark by a witness who writes his their own name near the signers or subscribers name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.(b) For purposes of a proceeding before the Workers Compensation Appeals Board, signature includes electronic record or electronic signature. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.SEC. 2. Section 5003 of the Labor Code is amended to read:5003. (a) Every release or compromise compromise and release agreement shall be in writing and duly executed, and the signature of the employee or other beneficiary shall be attested by two disinterested witnesses or acknowledged before a notary public. The document shall specify:(a)(1) The date of the accident.(b)(2) The average weekly wages of the employee, determined according to Chapter 1 of Part 2 of this division.(c)(3) The nature of the disability, whether total or partial, permanent or temporary.(d)(4) The amount paid, or due and unpaid, to the employee up to the date of the release or agreement or death, and the amount of the payment or benefits then or thereafter to be made.(e)(5) The length of time such payment or benefit is to continue.(f)(6) In the event a claim of lien under subdivision (f) or (g) of Section 4903 has been filed, the number of days and the amount of temporary disability indemnity which should be allowed to the lien claimant.(b) Notwithstanding any language to the contrary in the agreement, the signature required by subdivision (a) may be satisfied by an electronic signature, as described in Section 17. The requirement of acknowledgment by a notary public pursuant to subdivision (a) may be satisfied by an electronic signature provided an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 17 of the Labor Code is amended to read:17. (a) Signature or subscription includes mark when the signer or subscriber can not write, such signers or subscribers name being written near the mark by a witness who writes his their own name near the signers or subscribers name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.(b) For purposes of a proceeding before the Workers Compensation Appeals Board, signature includes electronic record or electronic signature. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
SECTION 1. Section 17 of the Labor Code is amended to read:
### SECTION 1.
17. (a) Signature or subscription includes mark when the signer or subscriber can not write, such signers or subscribers name being written near the mark by a witness who writes his their own name near the signers or subscribers name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.(b) For purposes of a proceeding before the Workers Compensation Appeals Board, signature includes electronic record or electronic signature. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
17. (a) Signature or subscription includes mark when the signer or subscriber can not write, such signers or subscribers name being written near the mark by a witness who writes his their own name near the signers or subscribers name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.(b) For purposes of a proceeding before the Workers Compensation Appeals Board, signature includes electronic record or electronic signature. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
17. (a) Signature or subscription includes mark when the signer or subscriber can not write, such signers or subscribers name being written near the mark by a witness who writes his their own name near the signers or subscribers name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.(b) For purposes of a proceeding before the Workers Compensation Appeals Board, signature includes electronic record or electronic signature. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
17. (a) Signature or subscription includes mark when the signer or subscriber can not write, such signers or subscribers name being written near the mark by a witness who writes his their own name near the signers or subscribers name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
(b) For purposes of a proceeding before the Workers Compensation Appeals Board, signature includes electronic record or electronic signature. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
SEC. 2. Section 5003 of the Labor Code is amended to read:5003. (a) Every release or compromise compromise and release agreement shall be in writing and duly executed, and the signature of the employee or other beneficiary shall be attested by two disinterested witnesses or acknowledged before a notary public. The document shall specify:(a)(1) The date of the accident.(b)(2) The average weekly wages of the employee, determined according to Chapter 1 of Part 2 of this division.(c)(3) The nature of the disability, whether total or partial, permanent or temporary.(d)(4) The amount paid, or due and unpaid, to the employee up to the date of the release or agreement or death, and the amount of the payment or benefits then or thereafter to be made.(e)(5) The length of time such payment or benefit is to continue.(f)(6) In the event a claim of lien under subdivision (f) or (g) of Section 4903 has been filed, the number of days and the amount of temporary disability indemnity which should be allowed to the lien claimant.(b) Notwithstanding any language to the contrary in the agreement, the signature required by subdivision (a) may be satisfied by an electronic signature, as described in Section 17. The requirement of acknowledgment by a notary public pursuant to subdivision (a) may be satisfied by an electronic signature provided an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
SEC. 2. Section 5003 of the Labor Code is amended to read:
### SEC. 2.
5003. (a) Every release or compromise compromise and release agreement shall be in writing and duly executed, and the signature of the employee or other beneficiary shall be attested by two disinterested witnesses or acknowledged before a notary public. The document shall specify:(a)(1) The date of the accident.(b)(2) The average weekly wages of the employee, determined according to Chapter 1 of Part 2 of this division.(c)(3) The nature of the disability, whether total or partial, permanent or temporary.(d)(4) The amount paid, or due and unpaid, to the employee up to the date of the release or agreement or death, and the amount of the payment or benefits then or thereafter to be made.(e)(5) The length of time such payment or benefit is to continue.(f)(6) In the event a claim of lien under subdivision (f) or (g) of Section 4903 has been filed, the number of days and the amount of temporary disability indemnity which should be allowed to the lien claimant.(b) Notwithstanding any language to the contrary in the agreement, the signature required by subdivision (a) may be satisfied by an electronic signature, as described in Section 17. The requirement of acknowledgment by a notary public pursuant to subdivision (a) may be satisfied by an electronic signature provided an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
5003. (a) Every release or compromise compromise and release agreement shall be in writing and duly executed, and the signature of the employee or other beneficiary shall be attested by two disinterested witnesses or acknowledged before a notary public. The document shall specify:(a)(1) The date of the accident.(b)(2) The average weekly wages of the employee, determined according to Chapter 1 of Part 2 of this division.(c)(3) The nature of the disability, whether total or partial, permanent or temporary.(d)(4) The amount paid, or due and unpaid, to the employee up to the date of the release or agreement or death, and the amount of the payment or benefits then or thereafter to be made.(e)(5) The length of time such payment or benefit is to continue.(f)(6) In the event a claim of lien under subdivision (f) or (g) of Section 4903 has been filed, the number of days and the amount of temporary disability indemnity which should be allowed to the lien claimant.(b) Notwithstanding any language to the contrary in the agreement, the signature required by subdivision (a) may be satisfied by an electronic signature, as described in Section 17. The requirement of acknowledgment by a notary public pursuant to subdivision (a) may be satisfied by an electronic signature provided an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
5003. (a) Every release or compromise compromise and release agreement shall be in writing and duly executed, and the signature of the employee or other beneficiary shall be attested by two disinterested witnesses or acknowledged before a notary public. The document shall specify:(a)(1) The date of the accident.(b)(2) The average weekly wages of the employee, determined according to Chapter 1 of Part 2 of this division.(c)(3) The nature of the disability, whether total or partial, permanent or temporary.(d)(4) The amount paid, or due and unpaid, to the employee up to the date of the release or agreement or death, and the amount of the payment or benefits then or thereafter to be made.(e)(5) The length of time such payment or benefit is to continue.(f)(6) In the event a claim of lien under subdivision (f) or (g) of Section 4903 has been filed, the number of days and the amount of temporary disability indemnity which should be allowed to the lien claimant.(b) Notwithstanding any language to the contrary in the agreement, the signature required by subdivision (a) may be satisfied by an electronic signature, as described in Section 17. The requirement of acknowledgment by a notary public pursuant to subdivision (a) may be satisfied by an electronic signature provided an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
5003. (a) Every release or compromise compromise and release agreement shall be in writing and duly executed, and the signature of the employee or other beneficiary shall be attested by two disinterested witnesses or acknowledged before a notary public. The document shall specify:
(a)
(1) The date of the accident.
(b)
(2) The average weekly wages of the employee, determined according to Chapter 1 of Part 2 of this division.
(c)
(3) The nature of the disability, whether total or partial, permanent or temporary.
(d)
(4) The amount paid, or due and unpaid, to the employee up to the date of the release or agreement or death, and the amount of the payment or benefits then or thereafter to be made.
(e)
(5) The length of time such payment or benefit is to continue.
(f)
(6) In the event a claim of lien under subdivision (f) or (g) of Section 4903 has been filed, the number of days and the amount of temporary disability indemnity which should be allowed to the lien claimant.
(b) Notwithstanding any language to the contrary in the agreement, the signature required by subdivision (a) may be satisfied by an electronic signature, as described in Section 17. The requirement of acknowledgment by a notary public pursuant to subdivision (a) may be satisfied by an electronic signature provided an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.