BILL NUMBER: AB 2451	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2012
	AMENDED IN ASSEMBLY  APRIL 19, 2012

INTRODUCED BY   Assembly Member John A. Pérez
   (Coauthor: Senator Vargas)

                        FEBRUARY 24, 2012

   An act to amend Section 5406 of  , and to add Section
5406.8 to,  the Labor Code, relating to workers'
compensation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2451, as amended, John A. Pérez. Workers' compensation:
firefighters.
   Existing law specifies the time period within which various
proceedings may be commenced under provisions of law relating to
workers' compensation. With certain exceptions, a proceeding to
collect death benefits is required to be commenced within one year
from the date of death or, in some cases, from the last furnishing of
benefits. However, no proceedings may be commenced more than 240
weeks from the date of injury.
   This bill would  require that a proceeding to collect
those benefits for the death of a firefighter or peace officer from
specified medical conditions or diseases, including cancer and
tuberculosis, be commenced within one year from the date of death
  provide that   certain proceedings related to
the collection of death benefits of firefighters and peace officers
may be commenced within, but no later than, 480 weeks from the date
of injury, and in no event more than one year after the date of
death, if specified criteria are met  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 5406 of the   Labor
Code   is amended to read: 
   5406.   (a)    Except as provided in Section
5406.5 or 5406.6, the period within which may be commenced
proceedings for the collection of the benefits provided by Article 4
(commencing with Section 4700) of Chapter 2 of Part 2 is one year
from  any of the following  : 
   (a) 
    (1)  The date of death where death occurs within one
year from date of  injury; or   injury. 

   (b) 
    (2)  The date of last furnishing of any benefits under
Chapter 2 (commencing with Section 4550) of Part 2  , where
  if  death occurs more than one year from the date
of  injury; or   injury.  
   (c) 
    (3)  The date of death,  where   if
 death occurs more than one year after the date of injury and
compensation benefits have been furnished. 
   No such proceedings may 
    (b)     Except as provided in subdivision
(c), proceedings under subdivision (a) shall not  be commenced
more than one year after the date of death, nor more than 240 weeks
from the date of injury. 
   (c) (1) Proceedings described in subdivision (a) may be commenced
within, but no later than, 480 weeks from the date of injury, and in
no event more than one year after the date of death, if all of the
following criteria are met:  
   (A) The proceedings are brought for the collection of benefits by,
or on behalf of, a person who was a dependent on the date of death.
The extent of dependency shall be determined in accordance of the
facts as they existed at the time of death of the employee. 

   (B) The injury causing death is one of the following:  
   (i) An injury as defined in Section 3212.1 to a person described
in Section 3212.1.  
   (ii) An injury as defined in Section 3212.6 to a person described
in Section 3212.6.  
   (iii) An injury as defined in Section 3212.8 to a person described
in Section 3212.8.  
   (C) The date of injury is during the person's active service in
applicable capacities described in Section 3212.1, 3212.6, or 3212.8.
 
   (2) This subdivision shall not apply to claims for the collection
of benefits pursuant to Article 4 (commencing with Section 4700) of
Chapter 2 of Part 2 that have already been adjudicated, or otherwise
finalized, or for which the commencement period lapsed on or before
December 31, 2012.  
  SECTION 1.    Section 5406 of the Labor Code is
amended to read:
   5406.  (a) Except as provided in Section 5406.5, 5406.6, or
5406.8, the period within which may be commenced proceedings for the
collection of the benefits provided by Article 4 (commencing with
Section 4700) of Chapter 2 of Part 2 is one year from any of the
following:
   (1) The date of death if death occurs within one year from date of
injury.
   (2) The date of last furnishing of any benefits under Chapter 2
(commencing with Section 4550) of Part 2, if death occurs more than
one year from the date of injury.
    (3) The date of death, if death occurs more than one year after
the date of injury and compensation benefits have been furnished.
   (b) Proceedings under subdivision (a) shall not be commenced more
than one year after the date of death, nor more than 240 weeks from
the date of injury.  
  SEC. 2.    Section 5406.8 is added to the Labor
Code, to read:
   5406.8.  In the case of the death of a firefighter or peace
officer from an injury, as defined in Section 3212, 3212.1, 3212.6,
or 3212.8, the period within which proceedings may be commenced for
the collection of the benefits provided by Article 4 (commencing with
Section 4700) of Chapter 2 of Part 2 is one year from the date of
death.