Governor Newsom signed two workers’ compensation bills into law on September 29, 2022. Senate Bill 1127 makes multiple changes to existing presumptive injuries applicable to specified safety officers and first responders.

Senate Bill 1127 – Changes to Presumptive Injuries

  • The bill shortens the investigative period for presumptive injuries contained within Labor Code sections 3212 to 3212.85 and 3212.9 to 3213.2, which includes cancer, hernia, heart trouble, pneumonia, MRSA, blood-borne pathogens, meningitis, tuberculosis, and low back (for peace officers wearing a duty belt) from 90 days to 75 days. This will become effective January 1, 2023.
  • The bill also expands temporary disability benefits for specified firefighters and peace officers who have injury or illness related to cancer from 104 weeks within five years from the date of injury to a total of 240 weeks, which can be used over the entire period of the claim. This will apply for injuries occurring on or after January 1, 2023.
  • For presumptive injuries or illnesses as defined in LC 3212 to LC 3213.2, penalties for benefits determined unreasonably rejected shall be five times the amount of the benefits found unreasonably delayed, up to $50,000. The Workers’ Compensation Appeals Board is to determine the question of whether the rejection of liability is reasonable. Penalties will be reported to the Audit Unit within the Division of Workers’ Compensation. Penalties apply to all dates of injury, without regard to whether the injury occurs before, on, or after the operative dates of January 1, 2023.

Assembly Bill 1751 extends COVID-19 presumptions

  • The bill will extend the COVID-19 worker’s compensation presumption measures, which were first created toward the start of the pandemic. The presumptions were previously set to expire on January 1, 2023. The bill extends the COVID-19 presumptions in Labor Code 3212.86, 3212.87 and 3212.88 until January 1, 2024.
  • The bill also expands the presumptions in LC 3212.87 to include active firefighting members of a fire department at the State Department of State Hospitals, the State Department of Developmental Services, the Military Department, the Department of Veterans Affairs, and to officers of a state hospital under the jurisdiction of the State Department of State Hospitals and the State Department of Developmental Services.

Employers should continue reporting when an employee tests positive for COVID-19. To assist our clients with this reporting requirement, Athens will continue providing a COVID-19 reporting portal on a complimentary basis.