AB 334: Workers’ compensation: skin cancer.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-08-25
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 employment. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted.
This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.
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 employment. Existing law provides, among other things, that skin cancer developing in active lifeguards, as defined, is presumed to arise out of and in the course of employment, unless the presumption is rebutted.
This bill would expand the scope of those provisions to certain peace officers of the Department of Fish and Wildlife and the Department of Parks and Recreation.
(a)This section applies to all of the following:
(1)Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(2)Active state lifeguards employed by the Department of Parks and Recreation.
(3)Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.
(b)The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by this division.
(c)Skin cancer so developing or manifesting itself 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 shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer 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.
(d)Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.
(e)Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
(a)This section applies to both all of the following: (a) active
(1)Active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, and (b) active subdivision.
(2)Active state lifeguards employed by the Department of Parks and Recreation. The
(3)Peace officers, as defined in subdivisions (e) and (f) of Section 830.2 of the Penal Code.
(b)The term injury, as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguards or peace officers employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by the provisions of this division.
Skin
(c)Skin cancer so developing or manifesting itself 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 shall find in accordance with it. This presumption shall be extended to a lifeguard or peace officer 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.
Skin(d)Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation.
This section(e)Paragraphs (1) and (2) of subdivision (a) shall only apply to lifeguards employed for more than three consecutive months in a calendar year.
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Date
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Status
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|---|---|
| Sep 29, 2022 | Vetoed by Governor. |
| Aug 30, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 23, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 23, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5012.). |
| Aug 9, 2022 | Read second time. Ordered to third reading. |
| Aug 8, 2022 | From inactive file. |
| Sep 10, 2021 | Ordered to inactive file at the request of Senator Cortese. |
| Aug 16, 2021 | Read second time. Ordered to third reading. |
| Jul 15, 2021 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 30, 2021 | In committee: Hearing postponed by committee. |
| Jun 22, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| Jun 3, 2021 | Referred to Com. on L., P.E. & R. |
| May 20, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 20, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1469.) |
| May 13, 2021 | Read second time. Ordered to Consent Calendar. |
| May 12, 2021 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 12). |
| Apr 29, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 29). Re-referred to Com. on APPR. |
| Feb 12, 2021 | Referred to Com. on INS. |
| Jan 28, 2021 | From printer. May be heard in committee February 27. |
| Jan 27, 2021 | 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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|---|---|---|---|---|
| Aug 23, 2022 | Assembly 3rd Reading AB334 Mullin et al. By Cortese | Senate Floor |
Passed |
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| May 20, 2021 | AB 334 Mullin Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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