AB 1093

Workers' compensation.

2009-10 Legislative session   » From other legislative sessions: 2009-10  2007-08  2005-2006  

Author: Mariko Yamada (Democrat )

» Details, status and history at Leg info

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Bill status:

CURRENT BILL STATUS


MEASURE	:  A.B. No. 1093
AUTHOR(S)	:  Yamada.
TOPIC	:  Workers' compensation.
+LAST AMENDED DATE  :  07/01/2009


TYPE OF BILL :  
                Inactive
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Non-Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  10/11/2009
LAST HIST. ACTION   :  Chaptered by Secretary of State - Chapter   272,
	Statutes of 2009.
COMM. LOCATION	:  SEN JUDICIARY

TITLE	:  An act to amend Section 3600 of the Labor Code, relating
	to workers' compensation.

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Bill analysis:
Assembly floor, Aug. 28, 2009
Senate floor, July 8, 2009
Senate committee, June 24, 2009
Assembly floor, May 8, 2009
Assembly committee, May 5, 2009

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Votes:
Assembly floor, Aug. 31, 2009
Senate floor, Aug. 27, 2009
Senate committee, June 25, 2009
Assembly floor, May 28, 2009
Assembly committee, May 6, 2009

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Bill history:

2009:

Oct. 11: Chaptered by Secretary of State - Chapter 272, Statutes of 2009.

Oct. 11: Approved by the Governor.

Sept. 4: Enrolled and to the Governor at 2 p.m.

Aug. 31: Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0.

Aug. 27: In Assembly. Concurrence in Senate amendments pending. May be

Aug. 27: Read third time, passed, and to Assembly. (Ayes 30. Noes 4. Page

July 7: Read second time. To third reading.

July 6: Withdrawn from committee. Ordered placed on second reading file.

July 1: From committee chair, with author's amendments: Amend, and re-refer

June 26: From committee: Do pass, and re-refer to Com. on JUD. Re-referred.

June 22: In committee: Hearing postponed by committee.

June 17: From committee chair, with author's amendments: Amend, and re-refer

June 11: Referred to Coms. on L. & I.R. and JUD.

May 28: In Senate. Read first time. To Com. on RLS. for assignment.

May 28: Read third time, passed, and to Senate. (Ayes 80. Noes 0. Page

May 7: Read second time. To third reading.

May 6: From committee: Do pass. (Ayes 10. Noes 0.) (May 6).

Apr. 29: Re-referred to Com. on INS.

Apr. 28: From committee chair, with author's amendments: Amend, and re-refer

Apr. 15: Re-referred to Com. on INS.

Apr. 14: From committee chair, with author's amendments: Amend, and re-refer

Mar. 26: Referred to Com. on INS.

Mar. 2: Read first time.

Mar. 1: From printer. May be heard in committee March 30.

Feb. 27: Introduced. To print.

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Bill language:

BILL NUMBER: AB 1093	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 27, 2009

   An act to amend Section 3600 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1093, as introduced, Yamada. Workers' compensation.
   Existing workers' compensation law generally requires employers to
secure the payment of workers' compensation, including medical
treatment, for injuries incurred by their employees that arise out
of, and in the course of, employment.
   This bill would provide that no workers' compensation claim shall
be denied solely because the motivation behind what caused the
employee's injury or death was related to an immutable personal
characteristic of that employee.
   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 of the Labor Code is amended to read:
   3600.  (a) Liability for the compensation provided by this
division, in lieu of any other liability whatsoever to any person
except as otherwise specifically provided in Sections 3602, 3706, and
4558, shall, without regard to negligence, exist against an employer
for any injury sustained by his or her employees arising out of and
in the course of the employment and for the death of any employee if
the injury proximately causes death, in those cases where the
following conditions of compensation concur:
   (1) Where, at the time of the injury, both the employer and the
employee are subject to the compensation provisions of this division.

   (2) Where, at the time of the injury, the employee is performing
service growing out of and incidental to his or her employment and is
acting within the course of his or her employment.
   (3) Where the injury is proximately caused by the employment,
either with or without negligence.
   (4) Where the injury is not caused by the intoxication, by alcohol
or the unlawful use of a controlled substance, of the injured
employee. As used in this paragraph, "controlled substance" shall
have the same meaning as prescribed in Section 11007 of the Health
and Safety Code.
   (5) Where the injury is not intentionally self-inflicted.
   (6) Where the employee has not willfully and deliberately caused
his or her own death.
   (7) Where the injury does not arise out of an altercation in which
the injured employee is the initial physical aggressor.
   (8) Where the injury is not caused by the commission of a felony,
or a crime which is punishable as specified in subdivision (b) of
Section 17 of the Penal Code, by the injured employee, for which he
or she has been convicted.
   (9) Where the injury does not arise out of voluntary participation
in any off-duty recreational, social, or athletic activity not
constituting part of the employee's work-related duties, except where
these activities are a reasonable expectancy of, or are expressly or
impliedly required by, the employment. The administrative director
shall promulgate reasonable rules and regulations requiring employers
to post and keep posted in a conspicuous place or places a notice
advising employees of the provisions of this subdivision. Failure of
the employer to post the notice shall not constitute an expression of
intent to waive the provisions of this subdivision.
   (10) Except for psychiatric injuries governed by subdivision (e)
of Section 3208.3, where the claim for compensation is filed after
notice of termination or layoff, including voluntary layoff, and the
claim is for an injury occurring prior to the time of notice of
termination or layoff, no compensation shall be paid unless the
employee demonstrates by a preponderance of the evidence that one or
more of the following conditions apply:
   (A) The employer has notice of the injury, as provided under
Chapter 2 (commencing with Section 5400), prior to the notice of
termination or layoff.
   (B) The employee's medical records, existing prior to the notice
of termination or layoff, contain evidence of the injury.
   (C) The date of injury, as specified in Section 5411, is
subsequent to the date of the notice of termination or layoff, but
prior to the effective date of the termination or layoff.
   (D) The date of injury, as specified in Section 5412, is
subsequent to the date of the notice of termination or layoff.
   For purposes of this paragraph, an employee provided notice
pursuant to Sections 44948.5, 44949, 44951, 44955, 44955.6, 72411,
87740, and 87743 of the Education Code shall be considered to have
been provided a notice of termination or layoff only upon a district'
s final decision not to reemploy that person.
   A notice of termination or layoff that is not followed within 60
days by that termination or layoff shall not be subject to the
provisions of this paragraph, and this paragraph shall not apply
until receipt of a later notice of termination or layoff. The
issuance of frequent notices of termination or layoff to an employee
shall be considered a bad faith personnel action and shall make this
paragraph inapplicable to the employee.
   (b) Where an employee, or his or her dependents, receives the
compensation provided by this division and secures a judgment for, or
settlement of, civil damages pursuant to those specific exemptions
to the employee's exclusive remedy set forth in subdivision (b) of
Section 3602 and Section 4558, the compensation paid under this
division shall be credited against the judgment or settlement, and
the employer shall be relieved from the obligation to pay further
compensation to, or on behalf of, the employee or his or her
dependents up to the net amount of the judgment or settlement
received by the employee or his or her heirs, or that portion of the
judgment as has been satisfied. 
   (c) No workers' compensation claim shall be denied solely because
the motivation behind what caused the employee's injury or death was
related to an immutable personal characteristic of that employee.