AB 3100: Workers’ compensation: Department of Forestry and Fire Protection: meningitis.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-03-22
Existing law establishes a workers compensation system to compensate an employee for injuries arising out of, and in the course of, his or her employment. Existing law designates illnesses and conditions, including meningitis, that constitute a compensable injury for various employees, such as members of the Department of the California Highway Patrol, firefighters, and certain peace officers.
This bill would expand the coverage of the workers compensation provisions relating to meningitis to include an active firefighting member of the Department of Forestry and Fire Protection. The bill would also make technical and clarifying organizational changes.
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 requires, when a firefighter is injured, dies, or disabled from performing his or her duties as a firefighter by reason of his or her proceeding to or engaging in a fire-suppression or rescue operation, or the protection or preservation of life or property, anywhere in this state, but is not at the time acting under the immediate direction of his or her employer, the firefighter or his or her dependents to be accorded by his or her employer all of the same workers compensation benefits that he, she, or they would have received had that firefighter been acting under the immediate direction of his or her employer, as specified.This bill would make technical, nonsubstantive changes to that provision.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 requires, when a firefighter is injured, dies, or disabled from performing his or her duties as a firefighter by reason of his or her proceeding to or engaging in a fire-suppression or rescue operation, or the protection or preservation of life or property, anywhere in this state, but is not at the time acting under the immediate direction of his or her employer, the firefighter or his or her dependents to be accorded by his or her employer all of the same workers compensation benefits that he, she, or they would have received had that firefighter been acting under the immediate direction of his or her employer, as specified.
This bill would make technical, nonsubstantive changes to that provision.
(a)The term injury includes meningitis that develops or manifests itself when one of the following persons is in the service of the agency, department, or unit as described in this subdivision, and the compensation that is awarded for meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by this division:
(1)A member of a police department of a city, county, or city and county, or a member of the sheriffs office of a county, or a member of the Department of the California Highway Patrol.
(2)A county probation officer, or an inspector or investigator in a district attorneys office of a county whose principal duties consist of active law enforcement service and who is employed on a regular, full-time salary.
(3)(A)A member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or a county forestry or firefighting department or unit, who is employed on a regular, full-time salary.
(B)An active firefighting member of the Department of Forestry and Fire Protection.
(b)For purposes of this section, meningitis shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(c)This section does not apply to persons whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, including custody and corrections, or firefighting, such as stenographers, receptionists, and other office workers.
SECTION 1.Section 3600.1 of the Labor Code is amended to read:3600.1.(a)Whenever any firefighter of the state, as defined in Section 19886 of the Government Code, is injured, dies, or is disabled from performing his or her duties as a firefighter by reason of his or her proceeding to or engaging in a fire-suppression or rescue operation, or the protection or preservation of life or property, anywhere in this state, including the jurisdiction in which he or she is employed, but is not at the time acting under the immediate direction of his or her employer, he, she, or his or her dependents, as the case may be, shall be accorded by his or her employer all of the same benefits of this division that he, she, or they would have received had that firefighter been acting under the immediate direction of his or her employer. An injury, disability, or death that occurs under the circumstances described in this section shall be deemed to have arisen out of, and been sustained in, the course of employment for purposes of workers compensation and all other benefits.(b)This section does not do either of the following:(1)Require the extension of any benefits to a firefighter who, at the time of his or her injury, death, or disability, is acting for compensation from one other than the state.(2)Require the extension of any benefits to a firefighter employed by the state if, by departmental regulation, whether now in force or hereafter enacted or promulgated, the activity giving rise to the injury, disability, or death is expressly prohibited.(c)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions are not effective unless approved by the Legislature in the annual Budget Act.(a)Whenever any firefighter of the state, as defined in Section 19886 of the Government Code, is injured, dies, or is disabled from performing his or her duties as a firefighter by reason of his or her proceeding to or engaging in a fire-suppression or rescue operation, or the protection or preservation of life or property, anywhere in this state, including the jurisdiction in which he or she is employed, but is not at the time acting under the immediate direction of his or her employer, he or she he, she, or his or her dependents, as the case may be, shall be accorded by his or her employer all of the same benefits of this division that he, she, or they would have received had that firefighter been acting under the immediate direction of his or her employer. Any An injury, disability, or death incurred that occurs under the circumstances described in this section shall be deemed to have arisen out of, and been sustained in, the course of employment for purposes of workers compensation and all other benefits.
(b)Nothing in this section shall be deemed to This section does not do either of the following:
(1)Require the extension of any benefits to a firefighter who, at the time of his or her injury, death, or disability, is acting for compensation from one other than the state.
(2)Require the extension of any benefits to a firefighter employed by the state where if, by departmental regulation, whether now in force or hereafter enacted or promulgated, the activity giving rise to the injury, disability, or death is expressly prohibited.
(c)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become are not effective unless approved by the Legislature in the annual Budget Act.
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Date
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Status
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| May 25, 2018 | In committee: Held under submission. |
| May 9, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 18, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Apr 2, 2018 | Re-referred to Com. on INS. |
| Mar 22, 2018 | Referred to Com. on INS. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 18, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Insurance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Cal Fire Firefighters | * Indeterminate | Apr 18, 2018 |
| Cal Fire Local 2881 | ** Support | Apr 16, 2018 |
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 3100
Author:(Flora) – As Amended Ver:March 22, 2018
Policy Committee: | Insurance | Vote: | 13 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill grants firefighters employed by the California Department of Forestry and Fire Protection (CAL FIRE) the benefit of a presumption that, if the employee contracts meningitis, it is job-related.
FISCAL EFFECT:
Uncertain, potentially significant medical, temporary disability, and permanent disability GF worker's compensation costs to CAL FIRE.
State Compensation Insurance Fund, which pays worker's compensation claims on behalf of the state, indicates since 2002, there has been one accepted worker's compensation case within the California Department of Corrections and Rehabilitation, in 2010. Costs associated with this case to date are about $40,000 in medical and $170,000 in permanent disability paid.
Given around 70 meningitis cases were reported in the state in 2015, in is unlikely there would be more than one case in a year affected by this bill. However, costs associated with one case can be significant. Meningitis can range from a condition that requires minor treatment to one that requires hospitalization. It can even be fatal. It can also result in permanent disability. According to a scan of claims data, hospital costs for most inpatient meningitis case ranged from $15,000 to $85,000 over one year with a median cost of $30,000, but a more serious case can easily cost in the hundreds of thousands of dollars in medical treatment alone.
COMMENTS:
- Purpose. According to this bill's sponsor, CAL FIRE Local 2881, while law enforcement officers, probation officers and city and county firefighters are covered by presumption that meningitis is job-related, members of CAL FIRE are not, even though they are tasked with similar responsibilities similar to those of their counterparts. This bill is intended to provide equity to for CAL FIRE firefighters.
- Background. Current law creates presumptions to reflect unique circumstances where injuries or illnesses appear to be logically work-related, but it is difficult for the afflicted to prove the injury or illness is work-related. Presumptions are rebuttable, but it is rare for employers to attempt to rebut presumptions. The absence of a presumption does not mean an employee does not qualify for workers' compensation benefits, but that an employee must prove an injury is work-related in order to qualify.
Current law includes presumptions for cancer, lower back impairment, hernia, heart trouble, tuberculosis, pneumonia, meningitis, and biochemical exposures. These presumptions generally apply to a majority of peace officers employed by public agencies including firefighters, police and sheriffs, California Highway Patrol, and correctional officers. Current presumptions for meningitis do not include CAL FIRE firefighters.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
Date of Hearing: April 18, 2018
ASSEMBLY COMMITTEE ON INSURANCE
Tom Daly, Chair
ABPCA Bill Id:AB 3100 (
Author:Flora) – As Amended Ver:March 22, 2018
SUBJECT: Workers’ compensation: Department of Forestry and Fire Protection: meningitis
SUMMARY: Grants firefighters employed by the California Department of Forestry and Fire Protection the benefit of a presumption that, if the employee contracts meningitis, it is presumed to be job-related.
EXISTING LAW:
- Provides for a comprehensive system of employer-paid benefits to be provided to employees who suffer illness or injury that arises out of, or in the course of, employment.
- Requires as a general rule that the employee establish that the injury or condition arose out of or in the course of employment.
- Provides special benefits to certain public safety employees (defined peace officers and firefighters), including “presumptions” that certain injuries or conditions are job-related.
FISCAL EFFECT: Undetermined.
COMMENTS:
- Purpose. According to the author, “Firefighters and law enforcement personnel work in a profession which is inherently dangerous in interacting with a broad population. Because of this, state law provides a presumption for meningitis and other blood-borne infectious diseases for the purposes of workers compensation. Should a specified safety member become infected with one of these diseases, it is presumed that it is a result of their occupation. While law enforcement officers, probation officers and city and county firefighters are covered by this presumption, members of CAL FIRE are not, even though tasked with similar responsibilities to their counterparts.”
- Background on presumptions. Presumptions have never been intended to create work related injuries when, in fact, the injuries in question are not work related. Rather, presumptions of compensability have been adopted, some many decades ago, to reflect unique circumstances where injuries or illnesses appear to logically be work related, but it is difficult for the public safety officer to prove it is work related. There has clearly been some slippage over time from a rigorous application of this rationale, but it remains the underlying premise of presuming injuries or illnesses to be work related. This is why the presumption statutes have extensive lists of the peace officer and firefighter employees who qualify – each category of public safety officer has made the policy argument either directly – that the injury or condition in fact afflicts them based on the job, but it is hard to prove, or indirectly -- that they are similar to existing recipients of the presumption, and should similarly receive the benefit.
In this regard, the proponents of the bill appear to be using the latter rationale. CalFire firefighters are not merely rural wildfire firefighters. In addition to the state responsibility areas that CalFire services, there are contracts with numerous local responsibility areas where CalFire serves in the same role as any local fire department. According to proponents, 8-9% of the over 400,000 calls CalFire annually responds to are wildfire calls. Another approximately 10% of the calls are vehicle or structure fires. But fully 80% of the calls incolve other emergencies, similar to local fire departments. In addition, according to CalFire, 555 of the firefighter staff is fully paramedic certified, and 60% have emergency medical technician certification. Further, it is CalFire’s goal to eventually be 100% EMT certified.
On the other hand, no evidence has been presented concerning CalFire firefighters’ exposure to meningitis, whether CalFire firefighters have suffered from meningitis and filed workers’ compensation claims that were denied by the employer, or whether claim denials, if any, have been upheld by the Workers’ Compensation Appeals Board. Rather, the argument is that CalFire firefighters are similarly situated to other firefighters who already have the benefit, and therefore should be treated the same with respect to the meningitis presumption. - Recent related legislation. In 2015, then-Speaker Atkins introduced AB 2493, which proposed to grant CalFire firefighters “4800” time. Like presumptions, 4800/4850 time is a special workers’ compensation benefit afforded to peace officers and firefighters that other employees, public and private, do not receive. It is essentially an enhanced temporary disability benefit. After the Legislature passed AB 2493, the Governor vetoed the bill, specifically noting two concerns: 1) the potential for increased costs associated with extending the special benefits, and 2) a reluctance to endorse a Legislative change where collective bargaining might be the better approach.
It is unclear why these same considerations would not apply to this bill.
REGISTERED SUPPORT / OPPOSITION:
Support
CAL FIRE Local 2881 (Sponsor)
Opposition
None received
Analysis Prepared by: Mark Rakich / INS. / (916) 319-2086
Bill Author
Bill Co-Author(s):