BILL ANALYSIS
Senate Committee on Labor and Industrial Relations
Richard Alarcon, Chair
Date of Hearing: April 25, 2001 2001-2002 Regular
Session
Consultant: Stephen Holloway Fiscal: No
Urgency: No
Bill No: SB 424
Author: Burton
Version: As Introduced February 21, 2001
Subject:
Workers' Compensation: Lower back impairment presumption
Purpose:
To create a disputable presumption that lower back
impairment developing or manifesting itself with respect to
specified public safety personnel arises out of and in the
course of employment of service.
Analysis:
If specified public safety personnel (peace officers and
firefighters) suffer a hernia, heart trouble, pneumonia,
cancer, tuberculosis, hepatitis, or meningitis the injury
or illness is presumed to be compensable if the problem
develops or manifests itself during a period of service by
the worker. Other evidence may controvert the presumption.
If not controverted, the Workers' Compensation Appeals
Board is bound to find that the injury or illness "arose
out of and in the course of employment." Thus, it becomes
compensable.
These presumptions apply to, among others, full or
part-time law enforcement personnel employed by a sheriff
or a police department and firefighters employed by any
city, county or district fire departments. The
presumptions do not apply to employees whose principal
duties are clerical and clearly do not fall within the
scope of active law enforcement or firefighting duties.
Generally, the presumptions extend to a period beyond
employment equaling three months for each year of service,
but not more than 5 years.
This Bill:
1) Provides in the case of a member of a police department
of a city, county, or city and county, or a member of the
sheriff's office of a county, who has been employed for at
least five years as a peace officer on a regular, full-time
salary and has been required to wear a duty belt as a
condition of employment, the term ''injury,''
includes lower back impairments.
The compensation that is awarded for lower back impairments
includes full hospital, surgical, medical treatment,
disability indemnity, and death benefits.
2) Provides that the lower back impairment so developing or
manifesting itself in the peace officer shall be presumed
to arise out of and in the course of the employment.
This presumption is disputable and may be controverted by
other evidence, but unless so controverted, the appeals
board is bound to find in accordance with it. This
presumption shall be extended to a person following
termination of service for a period of three calendar
months for each full year of the requisite service, but not
to exceed 60 months in any circumstance, commencing with
the last date actually worked in the specified capacity.
3) Defines ''duty belt'' to mean belt used for the purpose
of holding a gun, handcuffs, baton, and other items related
to law enforcement.
Comments:
1. Proponents :
Supporters of this measure state that wearing a "Sam
Browne" belt is a significant health and safety issue for
uniformed personnel. The back problems are due to
Hearing Date: April 25, 2001 SB
424
Consultant: Stephen Holloway Page
2
Senate Committee on Labor and Industrial Relations
pressure placed on the hip, pelvis, and lower back and
are exacerbated by the belt's edge, the loop or shank
between the belt and holster, and the grip on the weapon,
especially troublesome when officers are suited in patrol
cars. These problems appear to multiply for women. In
the Los Angles Police Department the name for belt
inflicted back pain is Sam Browne Syndrome.
The lower back injury an officer might develop is
difficult, if not impossible to trace to any single
incident or series of incidents. This bill remedies this
problem by presuming the injury arose out of the course
of employment.
2. Opponents :
Opponents argue against the bill because it establishes a
direct cause and effect between the use of a duty belt
and lower back impairment without medical study or
findings. Presumptions of injury make it virtually
impossible for employers to reject even those claims that
completely lack merit. In addition, with law enforcement
safety personnel, workers' compensation claims for
disabling injuries often serve as a presumption for
qualification for expensive disability retirement
benefits.
3. Prior Legislation :
SB 32 [(Peace) Ch. 490, Stats. 200] - Hepatitis
AB 2043 [(Maddox) Ch. 883, Stats. 2000] - Meningitis
Support:
Peace Officers Research Association of California (PORAC)
(Co-Sponsors)
Association for Los Angeles Deputy Sheriffs
California Association of Highway Patrolmen (CAHP)
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Hearing Date: April 25, 2001 SB
424
Consultant: Stephen Holloway Page
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Senate Committee on Labor and Industrial Relations
Riverside Sheriffs Association
Opposition:
California State Association of Counties (CSAC)
City of Garden Grove
City of Los Angeles
City of Santa Barbara
Independent Cities Association (ICA)
* * *
Hearing Date: April 25, 2001 SB
424
Consultant: Stephen Holloway Page
4
Senate Committee on Labor and Industrial Relations