22 - Laserfiche WebLink

AB 2052 Assembly Bill-Bill Analysis Page 4 of 6 workers' compensation system to non-California peace officers. While out-of-state workers can be eligible to file within California's workers' compensation system, this would be a significant change in law in terms of peace officers presumptions. Again, it is unclear how this would within the existing structure of the workers' compensation presumptions. 3. Proponent Arguments . Proponents argue that, when the presumptions were originally created in the 1970s, the Legislature intended to include all active peace officers. However, since the 1970s, proponents note that several classes of peace officers have been created which are outside of existing workers' compensation presumptions. Proponents believe that these classes have been excluded from current presumptions because they did not exist prior to the original drafting, which the proponents believe to be fundamentally unjust. Proponents believe that AB 2052 addresses this by extending current presumptions to all classes of peace officers. 4. Opponent Arguments . Opponents argue that, under existing law, the burden of proof for presumed occupational injuries lies with the employer and, due to the requirement of a liberal interpretation of workers' compensation law by the Workers' Compensation Appeals Board (WCAB), it is virtually impossible for a public employer to dispute occupational causation of an injury. Opponents further argue that this results in millions of dollars of claims being paid where evidence is limited that the injury is actually occupational. By expanding the number of peace officer classes covered by the presumptions, opponents argue that this will place even greater cost pressures on local governments, taking away from their ability to fund services. 5. Prior Legislation Hearing Date: June 25, 2014 AB 7052 Consultant: Gideon L. Baum Page 5 senate Committee on Labor and Industrial Relations AB 1035 (Perez) , Statutes of 2014, Chapter 15, extends the timelines that limit a dependent from filing for workers' compensation death benefits if the deceased worker died of Cancer, Tuberculosis, Methicillin-Resistant Staphylococcus aureus (MRSA) skin infections, or a bloodborne infectious disease. SUPPORT Peace Officers Research Association of California (PORAC) (Sponsor) Association for Los Angeles Deputy Sheriffs Association of Probation Supervisors California Applicants' Attorneys Association California Correctional Peace Officers Association California School Employees Association, AFL-CIO http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2051-2100/ab_2052_cfa_20140624_092044_sen_comm.html 7/3/2014