Bill Text: CA AB2577 | 2015-2016 | Regular Session | Introduced

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Bill Title: Workers' Compensation: respiratory illness: presumption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2577 Detail]

Download: California-2015-AB2577-Introduced.html

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BILL NUMBER: AB 2577	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 19, 2016

   An act to add Section 3212.13 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2577, as introduced, Chu. Workers' Compensation: respiratory
illness: presumption.
   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 his or her employment. Existing law
provides that in the case of active firefighting members of certain
fire departments and in the case of certain peace officers, a
compensable injury includes cancer that develops or manifests itself
during the period when the firefighter or peace officer demonstrates
that he or she was exposed while in the service of the public agency
to a known carcinogen, as defined. Existing law establishes a
presumption that the cancer in these cases arose out of, and in the
course of, employment, unless the presumption is controverted, as
specified.
   This bill would provide that in the case of specified active
firefighting members, peace officers, and others, a respiratory
illness or disease, including, among other things, occupational
asthma and chronic obstructive pulmonary disease, is presumed to
arise out of and in the course of employment, unless the presumption
is controverted, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3212.13 is added to the Labor Code, to read:
   3212.13.  (a) This section applies to all of the following:
   (1) Active firefighting members, whether volunteers, partly paid,
or fully paid, of all of the following fire departments:
   (A) A fire department of a city, county, city and county,
district, or other public, private, or municipal corporation or
political subdivision.
   (B) A fire department of the University of California and the
California State University.
   (C) The Department of Forestry and Fire Protection.
   (D) A county forestry or firefighting department or unit.
   (2) Active firefighting members of a fire department that serves a
United States Department of Defense installation and who are
certified by the Department of Defense as meeting its standards for
firefighters.
   (3) Active firefighting members of a fire department that serves a
National Aeronautics and Space Administration installation and who
adhere to training standards established in accordance with Article 4
(commencing with Section 13155) of Chapter 1 of Part 2 of Division
12 of the Health and Safety Code.
   (4) Peace officers, as defined in Section 830.1, subdivision (a)
of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of
the Penal Code, who are primarily engaged in active law enforcement
activities.
   (5) (A) Fire and rescue services coordinators who work for the
Office of Emergency Services.
   (B) For purposes of this paragraph, "fire and rescue services
coordinators" means coordinators with any of the following job
classifications: coordinator, senior coordinator, or chief
coordinator.
   (b) The term "injury" as used in this section includes respiratory
illnesses or diseases, including, but not limited to, occupational
asthma, chronic obstructive pulmonary disease, chronic bronchitis,
emphysema, asbestos-related lung diseases, and any other lung-related
illnesses and diseases caused by inhalation exposure from employment
activities.
   (c) The compensation that is awarded for respiratory illnesses or
diseases shall include full hospital, surgical, medical treatment,
disability indemnity, and death benefits, as provided by this
division.
   (d) The respiratory illness or disease so developing or
manifesting itself in these cases shall be presumed to arise out of
and in the course of the employment. This presumption is disputable
and may be controverted by evidence that the primary cause of the
respiratory illness or disease has been established and that the
contaminant to which the member has demonstrated exposure is not
reasonably linked to the respiratory illness or disease. Unless so
controverted, the appeals board is bound to find in accordance with
the presumption. This presumption shall be extended to a member
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
120 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
   (e) This section shall be applied to claims for benefits filed or
pending on or after January 1, 2014, including, but not limited to,
claims for benefits filed on or after that date that have previously
been denied, or that are being appealed following denial.
   (f) This section shall be known, and may be cited, as the
Firefighter's Lung Presumption Act of 2016.