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2018 Workers’ Comp Legislation Recap

2018 Workers’ Comp Legislation Recap

  • February 13th, 2019
  • Tom Richard
  • Comments Off on 2018 Workers’ Comp Legislation Recap

Notable 2018 bills signed into law include:

AB 1749, clarifies that certain peace officers injured outside of California while performing law enforcement duties are eligible to receive workers’ compensation benefits at the discretion of the employing entity.

AB 2046, requires anti-fraud data sharing between governmental agencies and grants the Fraud Assessment Commission discretion to augment assessments with unused funds from the prior year assessment.

SB 880, permits employers to conduct a pilot program of paying disability indemnity benefits by a prepaid card in lieu of paper checks.

SB 1086, deletes a sunset clause on a law that provides an extended statute of limitations for workers’ compensation death benefits payable to the survivors of public safety officers who died as a result of work-related cancer or certain specified diseases from 240 weeks from the date of injury to no later than 420 weeks (8+ years) from the date of injury, not to exceed one year after the date of death for certain injuries.

AB 2802, creates additional requirements and tools to intercept insurance payments in order to satisfy child support obligations.

Bills vetoed in 2018 include the following:

AB 479, which would have specified certain rating criteria in breast cancer cases.

AB 553, which would have required that all of the $120 million Return to Work Fund is spent each year.

SB 899, which would have excluded race, gender and national origin as apportionment factors.

AB 1697, which would have codified certain requirements for an anti-fraud analytics unit at the DWC.

AB 2496, which would have specified an employment test for janitorial workers, creating a rebuttable presumption that a worker in janitorial services is an employee.

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