Bill Text: CA AB1603 | 2009-2010 | Regular Session | Introduced

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Bill Title: Workers' compensation: temporary partial disability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-05 - In committee: Hearing postponed by committee. [AB1603 Detail]

Download: California-2009-AB1603-Introduced.html

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BILL NUMBER: AB 1603	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Solorio

                        JANUARY 5, 2010

   An act to add Section 4655.5 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1603, as introduced, Solorio. Workers' compensation: temporary
partial disability.
   Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, that 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. Existing law provides certain methods for
determining workers' compensation benefits payable to a worker or his
or her dependents for purposes of temporary total disability,
temporary partial disability, permanent total disability, permanent
partial disability, and in case of death.
   Existing case law provides that temporary disability payments
cease when: (1) the employee returns to work, (2) the employee is
deemed medically able to return to work, or (3) the employee's
medical condition becomes permanent and stationary.
   This bill would require that an employee be deemed to be
temporarily partially disabled during the period when the employee's
disability is permanent and stationary, no more than 60 days have
elapsed after the date the employee was informed that his or her
disability is permanent and stationary, the employer has not offered
the employee regular, modified, or alternative work, and the employer
has not informed the employee that it will not offer the employee
regular, modified, or alternative work.
   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.  (a) The Legislature finds and declares all of the
following:
   (1) An injured employee should not be deprived of both earnings
and disability benefits when the employee has recovered from the
disability, but the employer delays the return to work for any
reason, including, but not limited to, requiring an additional
medical opinion to clear the employee for return to work.
   (2) An employee continues to experience the effects of temporary
disability until the employee is informed that he or she is medically
able to return to work in some capacity and the employee is informed
whether the employer will accommodate the disability.
   (b) It is the intent of the Legislature in this act to extend
eligibility for temporary disability benefits for a limited period
when an employee's disability benefits end upon receiving a doctor's
release to return to work, but the employee is neither immediately
permitted to return to work nor informed that work will not be
available to the employee.
  SEC. 2.  Section 4655.5 is added to the Labor Code, to read:
   4655.5.  (a) An employee shall be deemed to be temporarily
partially disabled during the period when all of the following
conditions exist:
   (1) The employee's disability is permanent and stationary.
   (2) No more than 60 days have elapsed after the date the employee
was informed that his or her disability is permanent and stationary.
   (3) The employer has not offered the employee regular work,
modified work, or alternative work.
   (4) The employer has not informed the employee that the employer
will not offer the employee regular work, modified work, or
alternative work.
   (b) For purposes of implementing subdivision (a), all of the
following shall apply:
   (1) The effective date of an offer of work shall be the first day
the employee would be working if the offer is accepted by the
employee immediately upon receipt of the offer.
   (2) The date an employee is informed that the disability is
permanent and stationary, or the date the employee is informed that
the employer will not offer the employee regular work, modified work,
or alternative work, shall be the earlier of the date the employee
is actually so informed or five days after the date notice so
informing the employee is mailed to the employee at his or her last
known address.
   (3) The weekly loss of wages shall be determined as provided in
Section 4657, except that it shall not be computed from the
proportionate loss of physical ability or earning power caused by the
injury.