New California legislation for 2002

Tuesday, January 1, 2002 | 0

AB 196 amends Labor Code section 3212, 3212.6, 3212.8 and 3212.9, as well as Government Code section 31720.7 to extend benefits to certain public service employees and create a presumption of industrial causation with respect to injuries from blood-borne infectious diseases.

AB 262 amends Labor Code section 4707 and adds Labor Code section 4703.6 to provide that when there is a totally dependent minor child of a local safety or California Highway Patrol member, as specified, the workers' compensation death benefit would continue only until the dependent child reached age 18 but would provide retroactive death benefits to child of public safety officers killed in the line of duty prior to January 1, 1990.

AB 1177 added Labor Code sections 5307.11 and 5318, permitting health care providers to contract for reimbursement rates other than those found in the Official Medical Fee Schedule, and extending the sunset clause of Regulation section 9792.1 until a new outpatient reimbursement fee schedule has been adopted.

AB 1179 amends Labor Code section 4603.2 to require an employer or insurer to provide its bill reviewer with all documentation submitted by a physician, along with a copy of the billing and any preauthorization for services.

AB 1194 adds 3209.10 with an automatic repealer to permit physician assistants (PAs) and nurse practitioners (NPs) to determine and report on an injured workers' entitlement to workers' compensation benefits, with certain limitations.

Labor Code section 3212.11 was added by AB 663 creating a presumption of industrial causation for lifeguards developing skin cancer.

6303 and 6304.1 of the Labor Code were amended by AB 1207, making OSHA applicable to volunteer firefighters.

Labor Code section 4850 was amended by AB 1374 to provide that a leave of absence by a city, county or district firefighter ('4850 time') shall not be deemed to constitute or to reduce the time authorized for family care and medical leave.

AB 1681 amends 138.7 of the Labor Code to add the Commission on Health, Safety and Workers' Compensation to those entities that are entitled to have access to information maintained by the Division of Workers' Compensation.

SB 730 amends 4709 of the Labor Code to prohibit proceeds of workers' compensation death benefits received by a dependent from being included when determining financial need for eligibility for Scholarships.

SB 1222 added Labor Code 3212.10 creating a presumption of injury for certain Department of Corrections and California Youth Authority employees who develop cardiac disease.

3213.2 was added by SB 424 creating a rebuttable presumption of industrial causation for back injuries claimed by certain police officers who wear