Bill Text: CA AB2337 | 2023-2024 | Regular Session | Amended
Bill Title: Workers’ compensation: electronic signatures.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Enrolled) 2024-08-31 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). [AB2337 Detail]
Download: California-2023-AB2337-Amended.html
Amended
IN
Senate
August 21, 2024 |
Amended
IN
Senate
June 20, 2024 |
Introduced by Assembly Member Dixon |
February 12, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would define “signature” for purposes of a proceeding before the board to include an electronic signature, as defined in the Uniform Electronic Transactions Act and would apply the notarization procedures of that act to the above-described acknowledgment requirement.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 110.5 is added to the Labor Code, to read:110.5.
For the purpose of this chapter and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation Appeals Board, documents that require a signature, including the signature of a notary on an acknowledgment, may be filed with an “electronic signature,” defined as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record, where the electronic signature is attributable to a person per the requirements of Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code or Section 16.5 of the Government Code.SEC. 2.
Section 3206.5 is added to the Labor Code, to read:3206.5.
For the purpose of this division and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation Appeals Board, documents that require a signature, including the signature of a notary on an acknowledgment, may be filed with an “electronic signature,” defined as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record, where the electronic signature is attributable to a person per the requirements of Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code or Section 16.5 of the Government Code.(a)“Signature” or “subscription” includes mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes their own name near the signer’s or subscriber’s 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, as defined in Section 1633.2 of the Civil Code.
(a)Every 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:
(1)The date of the accident.
(2)The average weekly wages of the employee, determined according to Chapter 1 of Part 2 of this
division.
(3)The nature of the disability, whether total or partial, permanent or temporary.
(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.
(5)The length of time such payment or benefit is to continue.
(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 as described in Section 1633.11 of the Civil Code.