California Senate Bill 1127
Session 20212022
Workers' compensation: liability presumptions.
Became Law
Became Law on Sep 29, 2022
Sponsors
3 Sponsors
Toni G. Atkins
Dave Cortese
Robert M. Hertzberg
First Action
Feb 16, 2022
Latest Action
Sep 29, 2022
Origin Chamber
Senate
Type
Bill
Bill Number
1127
State
California
Session
20212022
Dave Cortese
grade
Author
Robert M. Hertzberg
grade
Author
Toni G. Atkins
grade
Author
Coauthor
Principal Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Principal Coauthor
Motion Text
Unfinished Business SB1127 Atkins et al. Concurrence
Senate Roll Call Votes
Yes
Yes
Dahle
No
Yes
Yes
Gonzalez
Other
Yes
Yes
Yes
Yes
Yes
Other
Rubio
Yes
Other
Summary
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries arising out of and in the course of their employment. Existing law requires an injured employee to file a claim form with the employer. Under existing law, except for specified injuries, if liability is not rejected within 90 days after the date the claim form is filed with the employer, the injury is presumed compensable and the presumption is rebuttable only by evidence discovered subsequent to the 90-day period.
For certain injuries or illnesses, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, this bill would reduce those time periods to 75 days. The bill would make other conforming changes.
Existing law prohibits aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability from extending for more than 104 compensable weeks within a period of 5 years from the date of injury, except if an employee suffers from certain injuries or conditions.
This bill would, for specified firefighters and peace officers claiming illness or injury related to cancer, increase the number of compensable weeks to 240 without limitation as to time from the date of injury.
Existing law requires that certain proceedings, including proceedings for the enforcement against the employer or an insurer of any liability for compensation, be instituted before the Workers' Compensation Appeals Board. Existing law authorizes the appeals board to fix and determine, in its award, the total amount of compensation to be paid and specify the manner of payment, or may fix and determine the weekly disability payment to be made and order payment during the continuance of disability. Existing law requires that when payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the unreasonably delayed or refused payment be increased up to 25% or up to $10,000, whichever is less. Existing law requires the appeals board to use its discretion to accomplish a fair balance and substantial justice between the parties.
This bill would require, if liability for an injury has been unreasonably rejected for specified claims of injury or illness, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, the amount of the penalty to be 5 times the amount of the benefits unreasonably delayed due to the rejection of liability. The bill would limit the penalty to no more than $50,000. The bill would require the appeals board to determine the question of whether the rejection of liability is reasonable. The bill would apply this provision to all injuries, without regard to whether the injury occurs before, on, or after the operative date of the bill.
Existing law requires the Administrative Director of the Division of Workers' Compensation, among other duties, to develop a workers' compensation information system in consultation with the Insurance Commissioner and the Workers' Compensation Insurance Rating Bureau, with certain data to be collected electronically.
This bill would require the division, upon an appropriation by the Legislature, to identify and amend its existing data collection processes to include collection of the date on which a claimant is notified of acceptance, denial, or conditional denial of liability.
02/16/22 - Introduced
February 16, 2022
06/13/22 - Amended Assembly
June 13, 2022
08/15/22 - Amended Assembly
August 15, 2022
08/23/22 - Amended Assembly
August 23, 2022
09/01/22 - Enrolled
September 1, 2022
09/29/22 - Chaptered
September 29, 2022
03/18/22- Senate Committee on Labor, Public Employment and Retirement
March 18, 2022
03/31/22- Senate Appropriations
March 31, 2022
05/21/22- Sen. Floor Analyses
May 21, 2022
06/21/22- Assembly Insurance
June 21, 2022
08/01/22- Assembly Appropriations
August 1, 2022
08/17/22- ASSEMBLY FLOOR ANALYSIS
August 17, 2022
08/23/22- ASSEMBLY FLOOR ANALYSIS
August 23, 2022
08/30/22- Sen. Floor Analyses
August 30, 2022
Sort by most recent
09/29/2022
California State Legislature
Chaptered by Secretary of State. Chapter 835, Statutes of 2022.
09/29/2022
California State Legislature
Approved by the Governor.
09/06/2022
California State Legislature
Enrolled and presented to the Governor at 3:30 p.m.
08/30/2022
Senate
Assembly amendments concurred in. (Ayes 28. Noes 9. Page 5335.) Ordered to engrossing and enrolling.
08/30/2022
Senate
In Senate. Concurrence in Assembly amendments pending.
08/30/2022
Assembly
Read third time. Passed. Ordered to the Senate.
08/23/2022
Assembly
Ordered to third reading.
08/23/2022
Assembly
Read third time and amended.
08/16/2022
Assembly
Read second time. Ordered to third reading.
08/15/2022
Assembly
Read second time and amended. Ordered to second reading.
08/11/2022
Assembly
From committee: Do pass as amended. (Ayes 13. Noes 1.) (August 11).
08/03/2022
Assembly
August 3 set for first hearing. Placed on suspense file.
06/22/2022
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (June 22). Re-referred to Com. on APPR.
06/13/2022
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on INS.
05/27/2022
Assembly
Referred to Com. on INS.
05/25/2022
Assembly
In Assembly. Read first time. Held at Desk.
05/24/2022
Senate
Read third time. Passed. (Ayes 28. Noes 9. Page 3863.) Ordered to the Assembly.
05/19/2022
Senate
Read second time. Ordered to third reading.
05/19/2022
Senate
From committee: Do pass. (Ayes 5. Noes 1. Page 3784.) (May 19).
05/13/2022
Senate
Set for hearing May 19.
04/04/2022
Senate
April 4 hearing: Placed on APPR suspense file.
03/25/2022
Senate
Set for hearing April 4.
03/22/2022
Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 3168.) (March 21). Re-referred to Com. on APPR.
03/11/2022
Senate
Set for hearing March 21.
02/23/2022
Senate
Referred to Com. on L., P.E. & R.
02/17/2022
Senate
From printer.
02/16/2022
Senate
Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.
02/16/2022
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Feb 17, 2022 12:13:30 PM
Record Updated
Nov 1, 2022 12:24:37 PM