Bill Text: CA AB2337 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2337

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

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2337

Introduced by Assembly Member Dixon

February 12, 2024

An act to ~~amend Sections 17 and 5003 of~~ add Sections 110.5 and 3206.5 to the Labor Code, relating to workers’ compensation.

LEGISLATIVE COUNSEL'S DIGEST

AB 2337, as amended, Dixon. Workers’ compensation: electronic signatures.

Existing law, the Uniform Electronic Transactions Act, applies to certain electronic transactions and provides that a record or signature may not be denied legal effect or enforceability solely because it is in electronic form. The ~~cct~~ act provides that if a law requires a record to be in writing, or if a law requires a signature, an electronic record satisfies the law.

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 employee’s 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. Existing law 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 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.
For purposes of the workers’ compensation system, this bill would allow documents that require a signature to 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 the person, as specified, subject to specified restrictions or requirements.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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.

SECTION 1.Section 17 of the Labor Code is amended to read:
17.
(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.~~
SEC. 2.Section 5003 of the Labor Code is amended to read:
5003.
(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.