Bill Text: CA AB585 | 2011-2012 | Regular Session | Chaptered

California Assembly Bill 585 (Prior Session Legislation)

Bill Title: Workers' compensation: cancer presumption.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2011-10-07 - Chaptered by Secretary of State - Chapter 550, Statutes of 2011. [AB585 Detail]

Download: California-2011-AB585-Chaptered.html

BILL NUMBER: AB 585	CHAPTERED
	BILL TEXT

	CHAPTER  550
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2011
	APPROVED BY GOVERNOR  OCTOBER 7, 2011
	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2011
	AMENDED IN SENATE  AUGUST 24, 2011
	AMENDED IN SENATE  JULY 12, 2011
	AMENDED IN SENATE  JUNE 21, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Fong
   (Principal coauthor: Assembly Member Portantino)
   (Principal coauthor: Senator Alquist)
   (Coauthors: Senators Leno, Lieu, and Liu)

                        FEBRUARY 16, 2011

   An act to amend Section 3212.1 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 585, Fong.  Workers' compensation: cancer 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 by
evidence that the primary site of the cancer has been established and
that the carcinogen to which the member has demonstrated exposure is
not reasonably linked to the disabling cancer.
   This bill would extend this presumption to active firefighting
members of a fire department serving a National Aeronautics and Space
Administration installation who adhere to specified training
standards.


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

  SECTION 1.  Section 3212.1 of the Labor Code is amended to read:
   3212.1.  (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 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 division, includes cancer,
including leukemia, that develops or manifests itself during a period
in which any member described in subdivision (a) is in the service
of the department or unit, if the member demonstrates that he or she
was exposed, while in the service of the department or unit, to a
known carcinogen as defined by the International Agency for Research
on Cancer, or as defined by the director.
   (c) The compensation that is awarded for cancer shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.
   (d) The cancer 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 site of the cancer has been established
and that the carcinogen to which the member has demonstrated exposure
is not reasonably linked to the disabling cancer. 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) The amendments to this section enacted during the 1999 portion
of the 1999-2000 Regular Session shall be applied to claims for
benefits filed or pending on or after January 1, 1997, 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 William
Dallas Jones Cancer Presumption Act of 2010.