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Brainstorming AB 1749 Strategies & Pending Public Safety WC Bills

Brainstorming AB 1749 Strategies & Pending Public Safety WC Bills

  • April 19th, 2019
  • Tom Richard
  • Comments Off on Brainstorming AB 1749 Strategies & Pending Public Safety WC Bills

Many public agencies are struggling with AB 1749, which was signed into law last year, and more bills affecting safety officer-related Workers’ Compensation claims that are making their way through the California Legislature.

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

Cites & Counties are asking whether it is wise or not to extend coverage to off-duty, out-of-state conduct of their safety employees.  Also, they are considering what rules, policies and best practices can be put into place before doing so.

RTGR Law is hosting a brainstorming session at our Oakland office on Wednesday, May 15, 2019 from 11:00 am to 1:00 pm. One goal of the meeting will be to create a checklist of concerns that attendees can take back to their agencies, to help inform the internal debate and discussion on AB 1749. For example, will expanded Workers’ Comp incentivize (or compel) off-duty safety officers on vacation, to act with police powers, even if they don’t feel comfortable doing so?  What if they have their small children or elderly parents with them at the time?  Will the off-duty safety officer (and/or their employing California agency) be liable for a failure to act? Will they be liable for injury to an apprehended perpetrator? Will the out-of-state jurisdiction recognize their police powers?

We will also discuss the status of AB 932, recently passed by the Assembly Insurance Committee, which would expand the law to cover all Firefighters injured out-of-state while allegedly rendering aid, retroactive to the 2017 shooting in Las Vegas.

Time permitting, we will also update attendees on the status of the following bills affecting safety officer claims:

SB 542, which would create a PTSD presumption of injury for any Firefighter who makes any such claim, retroactive to January 1, 2017. The presumption would further extend to claims filed up to five years after termination.

AB 1400, which would establish that additional fire service personnel, not just active Firefighters, are entitled to the presumption that certain types of cancer are compensable.

And SB 416, passed by at least one State Senate committee, which would expand the hernias, heart trouble and meningitis presumptions to cover most people meeting the Penal Code definition of “peace officer.”

Join us for a lively and informative discussion on Wednesday, May 15, 2019 from 11:00 am to 1:00 pm. Please RSVP soon, space is limited. Please bring your questions, concerns, ideas…and your (optional) brown bag lunch.  Coffee, water, beverages and cookies will be provided. To attend, please RSVP to RTGR at: 510-338-3166 or reception@nullrtgrlaw.com

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