Workers’ compensation: Subsequent injuries payments.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill modifies how workers’ compensation benefits are paid to employees who suffer subsequent injuries while already disabled. It changes the way permanent disability is measured for these injuries, particularly regarding the consideration of future earning capacity and the use of the AMA Guides. The bill also establishes a new process for determining eligibility for ‘special additional compensation’ based on substantial evidence of a prior permanent disability and creates a database of qualified medical evaluators. Finally, it shifts the responsibility for paying these benefits from the State Compensation Insurance Fund to the Director of Industrial Relations, as trustee of the Subsequent Injuries Benefits Trust Fund.
Key provisions
- Changes the method for measuring permanent disability for subsequent injuries occurring on or after January 1, 2005, and prior to January 1, 2013, aligning it with the AMA Guides and adjusting for diminished future earning capacity.
- Replaces the adjustment for diminished future earning capacity with a 1.4 adjustment factor for injuries occurring on or after January 1, 2013.
- Requires a determination of prior permanent partial disability for special additional compensation eligibility based on substantial evidence (medical records, testimony).
- Establishes a five-year (or one-year from WCAB determination) deadline for filing applications for special additional compensation.
- Creates a database of qualified medical evaluators to assess claims related to subsequent injuries.
- Transfers responsibility for paying benefits from the State Compensation Insurance Fund to the Director of Industrial Relations.
Bill text
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Sponsors
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1 on record
Primary sponsor
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