Date	Status
Sep 1, 2020	Ordered to inactive file by unanimous consent.
Aug 26, 2020	Read second time. Ordered to third reading.
Aug 25, 2020	Read third time and amended. Ordered to second reading.
Aug 20, 2020	From committee: Do pass. (Ayes 5. Noes 0.) (August 20).
Aug 17, 2020	In committee: Referred to APPR. suspense file.
Aug 12, 2020	From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 0.) (August 11). Re-referred to Com. on APPR.
Jul 31, 2020	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
May 18, 2020	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
May 5, 2020	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
Apr 17, 2020	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
Jun 26, 2019	In committee: Set, first hearing. Hearing canceled at the request of author.
May 22, 2019	Referred to Coms. on L., P.E. & R. and APPR.
May 14, 2019	In Senate. Read first time. To Com. on RLS. for assignment.
May 13, 2019	Read third time. Passed. Ordered to the Senate.
Apr 25, 2019	Read second time. Ordered to third reading.
Apr 24, 2019	From committee: Do pass. (Ayes 7. Noes 0.) (April 24).
Apr 3, 2019	In committee: Set, first hearing. Hearing canceled at the request of author.
Mar 14, 2019	Re-referred to Com. on P.E. & R.
Mar 13, 2019	From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E. & R. Read second time and amended.
Feb 28, 2019	Referred to Com. on P.E. & R.
Feb 19, 2019	From printer. May be heard in committee March 21.
Feb 15, 2019	Read first time. To print.

Date	Description	Location	Votes
Aug 20, 2020	Do pass	Senate Standing Committee on Appropriations	5 0 0 Passed
Aug 17, 2020	Placed on suspense file	Senate Standing Committee on Appropriations	7 0 0 Passed
Aug 11, 2020	Do pass, but first be re-referred to the Committee on [Appropriations]	Senate Standing Committee on Labor, Public Employment and Retirement	3 0 0 Passed
May 13, 2019	AB 664 Cooper Assembly Third Reading	Assembly Floor	75 0 4 Passed
Apr 24, 2019	Do pass.	Assembly Standing Committee on Public Employment and Retirement	7 0 0 Passed

SENATE RULES COMMITTEE

Office of Senate Floor Analyses

(916) 651-1520 Fax: (916) 327-4478

AB 664

THIRD READING

Bill No: AB 664

Author: Cooper (D), Bonta (D) and Gonzalez (D), et al.

Amended: 8/25/20 in Senate

Vote: 27 - Urgency

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 3-0, 8/11/20

AYES: Hill, Jackson, Mitchell

NO VOTE RECORDED: Morrell, Pan

SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/20/20

AYES: Portantino, Bradford, Hill, Leyva, Wieckowski

NO VOTE RECORDED: Bates, Jones

ASSEMBLY FLOOR: Not relevant

SUBJECT: Workers’ compensation: injury: COVID-19

SOURCE: CAL FIRE Local 2881

California Association of Highway Patrolmen

California Professional Firefighters

California State Firefighters' Association

Peace Officers Research Association of California

DIGEST:

This bill creates a rebuttable presumption for specified employees diagnosed with a communicable disease, as specified.

Senate Floor Amendments of 8/25/20 specify that the this presumption applies to peace officers diagnosed on or after January 1, 2020, if the peace officer meets the specifications, and sets a sunset of July 1, 2024.

ANALYSIS:

Existing law:

Establishes a workers’ compensation system that provides benefits to an employee who suffers from an injury or illness that arises out of and in the course of employment, irrespective of fault. This system requires all employers to secure payment of benefits by either securing the consent of the Department of Industrial Relations to self-insure or by securing insurance against liability from an insurance company duly authorized by the state.
Creates a series of disputable presumptions of an occupational injury for peace and safety officers for the purposes of the workers’ compensation system. These presumptions include:
1. Bloodborne Pathogens;
2. Methicillin-Resistant Staphylococcus Aureus (MRSA);
3. Meningitis; and
4. Tuberculosis.

The compensation awarded for these injuries must include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by workers compensation law. These presumptions tend to run for 5 to 10 years commencing on their last day of employment, depending on the injury and the peace officer classification involved. Peace officers whose principal duties are clerical, such as stenographers, telephone operators, and other office workers are excluded. (Labor Code §§3212 to 3213.2)

Provides that the presumptions listed above are disputable and may be controverted by evidence. However, unless controverted, the Workers’ Compensation Appeals Board must find in accordance with the presumption. (Labor Code §§3212 to 3213.2)

This bill:

Creates a rebuttable presumption that a diagnosis of a diagnosis of coronavirus disease 2019 (COVID-19), that occurs on or after January 1, 2020, and that is the subject of a state or local declaration of a state of emergency that is issued on or after January 1, 2020, is an occupational injury and thereby covered by the California workers’ compensation system.
Provides that workers’ compensation benefits for an injury described above includes full hospital, surgical, medical treatment, disability indemnity, and death benefits illness or death resulting from COVID-19, that is diagnosed on or after January 1, 2020, if all of the following circumstances apply:
1. The person was diagnosed with or tested positive for COVID-19 within 14 days after a day that the employee performed labor or services at the employee’s place of employment at the employer’s direction.
2. A diagnosis as described in subdivision (b) was done by a physician and surgeon licensed by the Medical Board of California and that diagnosis is confirmed by further testing within 30 days of the date of diagnosis.
3. The diagnosis was done by a physician who holds a physician and surgeon license issued by the Medical Board of California and that diagnosis is confirmed by further testing within 30 days of the date of diagnosis.
Provides that the presumption extends for 30 days following termination of service, commencing with the last date actually worked in the applicable capacity.
Provides that, if an employer does not dispute liability within 30 days of a communicable disease injury, the illness is presumed compensable, unless rebutted by evidence only discovered after the 30-day period.
Makes findings and declarations on, when a state public health emergency is declared, both of the following policies and goals should be implemented:
1. Provision of temporary housing costs and living expenses related to an ordered quarantine.
2. An employee directed to enter quarantine by a licensed health care professional, a public health officer or agency, or the employer as a result of exposure to a communicable disease injury must be provided paid leave and not be required to use the employee’s accrued vacation leave, personal leave, compensatory leave, sick leave, or any other personal leave.
Adds the provision or reimbursement of emergency equipment, personal protective equipment (PPE), or ancillary equipment that prevents injury to an employee, to an existing requirement that employers provide a safe workplace.
Prohibits employers from failing to provide or reimburse employees for emergency equipment, PPE, or ancillary equipment that prevents injury to an employee, to an existing requirement that employers provide a safe workplace.
Sunsets the provisions above on July 1, 2024.

Related/Prior Legislation

SB 542 (Stern, Chapter 390, Statutes of 2019) created the post-traumatic stress disorder industrial injury presumption for firefighters and peace officers.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, the Department of Industrial Relations indicates annual costs to its Division of Workers Compensation of, minimally, $4 million (special fund). This figure reflects an assumed increase in new claims in the low tens of thousands, a proportion of which would result in applications for adjudication filed at the Workers’ Compensation Appeals Board.

SUPPORT: (Verified 8/20/20)

CAL FIRE Local 2881 (co-source)

California Association of Highway Patrolmen (co-source)

California Professional Firefighters (co-source)

California State Firefighters' Association (co-source)

Peace Officers Research Association of California (co-source)

Alameda County Deputy Sheriffs' Association

Association of Orange County Deputy Sheriff's

California Fraternal Order of Police

California Labor Federation, AFL-CIO

California Narcotic Officers' Association

California Nurses Association

California Statewide Law Enforcement Association

California Teamsters Public Affairs Council

City of Beverly Hills

Fontana Police Officers Association

Law Enforcement Managers Association

Long Beach Police Officers Association

Oakland Police Officers' Association

Orange County Employees Association

Riverside Sheriffs' Association

Sacramento County Deputy Sheriffs Association

San Bernardino County Safety Employees' Benefit Association

San Jose Police Officers' Association

OPPOSITION: (Verified 8/20/20)

Acclamation Insurance Management Services, Inc.

Advanced Medical Technology Association

Allied Manager Care, Inc.

American Property Casualty Insurance Association

Apple Valley Chamber of Commerce

Association of California Healthcare Districts

Association of California Life & Health Insurance Companies

Association of Claims Professionals

Auto Care Association

Beaumont Chamber of Commerce

breckpoint

California Association of Joint Powers Authorities

California Association of Sheet Metal and Air Conditioning Contractors

California Chamber of Commerce

California Coalition on Workers’ Compensation

California Farm Labor Contractor Association

California Forestry Association

California Fuels and Convenience Alliance

California Hospital Association

California League of Food Producers

California Schools Joint Powers Authority

California Special Districts Association

California State Association of Counties

CAWA – Representing the Automotive Parts Industry

Chino Valley Chamber of Commerce

CompAlliance

Corona Chamber of Commerce

County of Monterey

CSAC Excess Insurance Authority

Garden Grove Chamber of Commerce

Gilroy Chamber of Commerce

Greater Coachella Valley Chamber of Commerce

Greater Ontario Business Council

Hemet San Jacinto Valley Chamber of Commerce

Hesperia Chamber of Commerce

Inland Empire Economic Partnership

Long Beach Area Chamber of Commerce

Los Angeles County Business Federation

Moreno Valley Chamber of Commerce

Murrieta Wildomar Chamber of Commerce

National Association of Insurance & Financial Advisors - California

National Association of Mutual Insurance Companies

National Federation of Independent Business

Official Police Garages Association of Los Angeles

Orange County Business Council

Perris Valley Chamber of Commerce

Personal Insurance Federation of California

Rancho Cucamonga Chamber of Commerce

Redlands Chamber of Commerce

San Gabriel Valley Economic Partnership

South Bay Association of Chambers of Commerce

Special District Risk Management Authority

Upland Chamber of Commerce

Urban Counties of California

Victor Valley Chamber of Commerce

Western Insurance Agents Association

ARGUMENTS IN SUPPORT: The Peace Officers Research Association of California (PORAC), writing in as a co-sponsor, argues the following:

“COVID-19 is not only a public health crisis but is also a First responder crisis as peace officers, fire fighters, emergency medical technicians, and hospital personnel contract the virus. As public servants, law enforcement officers take an oath to protect our communities and play a critical role in responding to emergency situations. Therefore, we are placed at a higher risk of exposure and infection to COVID-19. By classifying COVID-19, as well as other communicable diseases, as presumptive work-related injuries, as defined in AB 664, our officers and their loved ones can have the peace of mind and security in knowing they will be protected under law if they come in contact with or are infected by the virus.

“PORAC is committed to ensuring that the brave women and men of law enforcement are safe as they carry out their duties, and those brave women and men are dedicated to serving our communities, even and especially in this time of unprecedented global crisis. Thank you for supporting our efforts and the health and wellbeing of our officers through your authorship of AB 664.”

ARGUMENTS IN OPPOSITION: The California Chamber of Commerce, writing in opposition, argues the following:

“AB 664 will impose a significant financial burden on employers, including those in the healthcare industry, and create a troubling precedent for the workers’ compensation system in general by creating a conclusive presumption that communicable diseases, including COVID-19, are conclusively workplace injuries for certain public employees and all hospital employees that provide direct patient care….

“AB 664 creates a conclusion of industrial causation for all hospital employees that provide direct patient care who are exposed to or contract a communicable disease, including COVID-19, during their employment, as well as for a time period after the end of employment. The practical impact of creating a conclusive presumption of industrial causation is that hospitals will have a no ability to contest a claim that they believe is non-industrial…. The creation of a conclusive presumption for employees, absent any justification, serves only to make it impossible for an employer to contest any claim for benefits, which will unnecessarily increase costs for employers.

“Although there is a long history of legal presumptions being applied to public safety employees in the workers’ compensation system, there has never been a presumption applied to private sector employees. AB 664 would be the first such conclusory presumption applied to private sector employees.”

Prepared by: Gideon L. Baum / L., P.E. & R. / (916) 651-1556

8/26/20 15:03:03

**** END ****

SENATE RULES COMMITTEE

Office of Senate Floor Analyses

(916) 651-1520 Fax: (916) 327-4478

AB 664

THIRD READING

Bill No: AB 664

Author: Cooper (D), Bonta (D) and Gonzalez (D), et al.

Amended: 7/31/20 in Senate

Vote: 27 - Urgency

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 3-0, 8/11/20

AYES: Hill, Jackson, Mitchell

NO VOTE RECORDED: Morrell, Pan

SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/20/20

AYES: Portantino, Bradford, Hill, Leyva, Wieckowski

NO VOTE RECORDED: Bates, Jones

ASSEMBLY FLOOR: Not relevant

SUBJECT: Workers’ compensation: injury: communicable disease

SOURCE: CAL FIRE Local 2881

California Association of Highway Patrolmen

California Professional Firefighters

California State Firefighters' Association

Peace Officers Research Association of California

DIGEST:

This bill creates a rebuttable presumption for specified employees diagnosed with a communicable disease, as specified.

ANALYSIS:

Existing law:

Establishes a workers’ compensation system that provides benefits to an employee who suffers from an injury or illness that arises out of and in the course of employment, irrespective of fault. This system requires all employers to secure payment of benefits by either securing the consent of the Department of Industrial Relations to self-insure or by securing insurance against liability from an insurance company duly authorized by the state.
Creates a series of disputable presumptions of an occupational injury for peace and safety officers for the purposes of the workers’ compensation system. These presumptions include:
1. Bloodborne Pathogens
2. Methicillin-Resistant Staphylococcus Aureus (MRSA)
3. Meningitis
4. Tuberculosis

The compensation awarded for these injuries must include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by workers compensation law. These presumptions tend to run for 5 to 10 years commencing on their last day of employment, depending on the injury and the peace officer classification involved. Peace officers whose principal duties are clerical, such as stenographers, telephone operators, and other office workers are excluded. (Labor Code §§3212 to 3213.2)

Provides that the presumptions listed above are disputable and may be controverted by evidence. However, unless controverted, the Workers’ Compensation Appeals Board must find in accordance with the presumption. (Labor Code §§3212 to 3213.2)

This bill:

Creates a rebuttable presumption that a diagnosis of a diagnosis of a communicable disease, including coronavirus disease 2019 (COVID-19), that occurs on or after January 1, 2020, and that is the subject of a state or local declaration of a state of emergency that is issued on or after January 1, 2020, is an occupational injury and thereby covered by the California workers’ compensation system.
Provides that workers’ compensation benefits for an injury described above includes full hospital, surgical, medical treatment, disability indemnity, and death benefits.
Provides that the conclusive presumption extends for 30 days following termination of service, commencing with the last date actually worked in the applicable capacity.
Provides that, if an employer does not dispute liability within 30 days of a communicable disease injury, the illness is presumed compensable, unless rebutted by evidence only discovered after the 30-day period.
Makes findings and declarations on, when a state public health emergency is declared, both of the following policies and goals should be implemented:
1. Provision of temporary housing costs and living expenses related to an ordered quarantine.
2. An employee directed to enter quarantine by a licensed health care professional, a public health officer or agency, or the employer as a result of exposure to a communicable disease injury must be provided paid leave and not be required to use the employee’s accrued vacation leave, personal leave, compensatory leave, sick leave, or any other personal leave.
Adds the provision or reimbursement of emergency equipment, personal protective equipment (PPE), or ancillary equipment that prevents injury to an employee, to an existing requirement that employers provide a safe workplace.
Prohibits employers from failing to provide or reimburse employees for emergency equipment, PPE, or ancillary equipment that prevents injury to an employee, to an existing requirement that employers provide a safe workplace.

Comments

AB 664 and the Challenge of Futureproofing:

Currently, the California workers’ compensation system has a series of rebuttal presumptions for peace officers and firefighters. While it is rare that these industrial presumptions are rebutted, the opportunity for an employer to rebut a claim, present their evidence, and have their day before the Workers Compensation Appeals Board (WCAB). This due process is not just an act of generosity on the part of the Legislature. It is a core component of our constitutionally created “grand bargain”.

As noted above, AB 664 extends a rebuttable presumption that a future, undefined communicable disease is an industrial injury for specified workers under specified circumstances. This merits additional discussion.

What is a state public health emergency?

AB 664 creates a rebuttable presumption for a communicable disease when that disease is the subject of a state public health emergency. What is a state public health emergency? Is it a declaration of emergency by the Governor? Is it a public health emergency declaration by the federal Department of Health and Human Services (DHHS)? If the state public health emergency deals with a non-human communicable disease, does that create any potential liability?

How long does a presumption triggered by a state public health emergency last?

Earlier this year, Governor Newsom created a rebuttable presumption that COVID-19 is an industrial injury for essential workers. This presumption ran for 90 days, ending on July 5, 2020, although the Governor could extend it later. This is similar to the federal public health emergency by DHHS. Alternatively, a declaration of emergency can remain on the books for years, even if the emergency ends, unless the Governor officially ends the emergency. What timeline would the AB 664 presumption follow?

What is a Communicable Disease Diagnosis?

Under AB 664, a diagnosis of a communicable disease is sufficient to trigger a presumption of an industrial injury. If a test is available for a communicable disease, and the doctor does not test a worker for the communicable disease, is the diagnosis valid? Is a diagnosis valid if it comes significantly after the illness? Who has the ability to diagnose the communicable disease? Is it any medical provider in the workers’ compensation system? Or does it need to be a medical doctor?

Related/Prior Legislation

SB 542 (Stern, Chapter 390, Statutes of 2019) created the post-traumatic stress disorder industrial injury presumption for firefighters and peace officers.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, the Department of Industrial Relations indicates annual costs to its Division of Workers Compensation of, minimally, $4 million (special fund). This figure reflects an assumed increase in new claims in the low tens of thousands, a proportion of which would result in applications for adjudication filed at the WCAB.