California Senate Bill SB1346

California 2023-2024 Regular Session

• Introduced: 2/16/24
• Refer: 2/29/24
• Report Pass: 4/10/24
• Refer: 4/10/24

Caption

Workers’ compensation: aggregate disability payments.

Impact

The primary impact of SB 1346 is that it offers more flexibility for the Workers Compensation Appeals Board (WCAB) to grant temporary disability benefits beyond the existing caps if a treatment denial is overturned by an independent medical review. Starting January 1, 2025, the WCAB will be able to award benefits that could exceed the predetermined limits specified in current laws. This adjustment is aimed at ensuring injured workers receive adequate support during their recovery process, particularly if they had previously faced unjust treatment denials.

Summary

Senate Bill 1346, introduced by Senator Durazo on February 16, 2024, amends Section 4656 of the California Labor Code related to workers' compensation. This bill aims to modify the existing regulations concerning aggregate disability payments for employees who experience temporary disability due to work-related injuries. It outlines specific time limits on compensable weeks of disability payments, which currently are capped at 104 to 240 weeks depending on the injury's circumstances and the date of occurrence. These changes are crafted to streamline the process and ensure timely compensation for injured workers.

Contention

While supporters of SB 1346 argue that the bill enhances the rights of injured workers and provides necessary checks against arbitrary treatment denials, there are concerns from opposing parties. Critics suggest that this change could impose additional burdens on employers and the workers' compensation system, potentially leading to increased claims and higher costs. They argue that while ensuring workers' rights is essential, it is equally important to maintain a balance that protects employers from unwarranted financial liabilities.