AB 375 - An Act to Add Section 3212.13 to the Labor Code, Relating to Workers’ Compensation.

Workers’ compensation: hospital employees: presumption. 2011-2012 Legislature. View bill details
Author(s):
Summary:
Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers’ compensation system. Existing law provides that, in the case of certain public employees, the term “injury” includes heart trouble, hernia, pneumonia, human immunodeficiency virus, lower back impairment, and other injuries and diseases.
More
Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers’ compensation system. Existing law provides that, in the case of certain public employees, the term “injury” includes heart trouble, hernia, pneumonia, human immunodeficiency virus, lower back impairment, and other injuries and diseases.

This bill would provide, with respect to hospital employees who provide direct patient care in an acute care hospital, as defined, that the term “injury” includes a bloodborne infectious disease, as defined, or methicillin-resistant Staphylococcus aureus (MRSA) that develops or manifests itself during the period of the person’s employment with the hospital.

This bill would further create a disputable presumption that the above injury arises out of and in the course of the person’s employment if it develops or manifests as specified. Hide
 
Status:
The bill was voted on by the Senate on September 9, 2011. 
Senate Vote: On Passage

DID NOT PASS on September 9, 2011.

voted YES: 20 voted NO: 16
4 voted present/not voting

An Act to Add Section 3212.13 to the Labor Code, Relating to Workers’ Compensation.

AB 375 — 2011-2012 Legislature

Summary
Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers’ compensation system. Existing law provides that, in the case of certain public employees, the term “injury” includes heart trouble, hernia, pneumonia, human immunodeficiency virus, lower back impairment, and other injuries and diseases.

This bill would provide, with respect to hospital employees who provide direct patient care in an acute care hospital, as defined, that the term “injury” includes a bloodborne infectious disease, as defined, or methicillin-resistant Staphylococcus aureus (MRSA) that develops or manifests itself during the period of the person’s employment with the hospital.

This bill would further create a disputable presumption that the above injury arises out of and in the course of the person’s employment if it develops or manifests as specified.
Learn More
At LegInfo.ca.gov
Title
An Act to Add Section 3212.13 to the Labor Code, Relating to Workers’ Compensation.
Author(s)
Nancy Skinner
Co-Authors
Subjects
  • Workers’ compensation: hospital employees: presumption
Major Actions
Introduced2/14/2011
Referred to Committee
Passed Assembly Committee on Insurance4/13/2011
Passed Assembly Committee on Appropriations5/27/2011
Passed Assembly6/01/2011
Passed Senate Committee on Labor and Industrial Relations6/22/2011
Passed Senate Committee on Appropriations8/15/2011
Passed Senate Committee on Appropriations8/25/2011
Failed passage in Senate9/07/2011
Passed Senate9/07/2011
Failed passage in Senate9/09/2011
Bill History
Chamber/CommitteeMotionDateResult
select this voteAssembly Committee on InsuranceDo pass and be re-referred to the Committee on Appropriations.4/13/2011This motion PASSED the Assembly Committee on Insurance
8 voted YES 4 voted NO 0 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass as amended.5/27/2011This motion PASSED the Assembly Committee on Appropriations
12 voted YES 5 voted NO 0 voted present/not voting
select this voteAssemblyAB 375 SKINNER Assembly Third Reading6/01/2011This bill PASSED the Assembly
49 voted YES 25 voted NO 6 voted present/not voting
select this voteSenate Committee on Labor and Industrial RelationsDo pass as amended, and re-refer to the Committee on Appropriations.6/22/2011This motion PASSED the Senate Committee on Labor and Industrial Relations
5 voted YES 1 voted NO 1 voted present/not voting
select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.8/15/2011This motion PASSED the Senate Committee on Appropriations
8 voted YES 0 voted NO 1 voted present/not voting
select this voteSenate Committee on AppropriationsDo pass.8/25/2011This motion PASSED the Senate Committee on Appropriations
6 voted YES 3 voted NO 0 voted present/not voting
select this voteSenateAssembly 3rd Reading AB375 Skinner By Padilla9/07/2011This bill DID NOT PASS the Senate
20 voted YES 15 voted NO 5 voted present/not voting
select this voteSenateAssembly 3rd Reading AB375 Skinner By Padilla Reconsider9/07/2011This bill PASSED the Senate
36 voted YES 0 voted NO 4 voted present/not voting
currently selectedSenateAssembly 3rd Reading AB375 Skinner By Padilla9/09/2011This bill DID NOT PASS the Senate
20 voted YES 16 voted NO 4 voted present/not voting
ActionDateDescription
Introduced2/14/2011
2/14/2011Read first time. To print.
2/15/2011From printer. May be heard in committee March 17.
2/24/2011Referred to Com. on INS.
4/13/2011From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 4.) (April 13). Re-referred to Com. on APPR.
select this voteVote4/13/2011Do pass and be re-referred to the Committee on Appropriations.
5/04/2011In committee: Set, first hearing. Referred to APPR. suspense file.
select this voteVote5/27/2011Do pass as amended.
5/27/2011From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27). Read second time and amended. Ordered to second reading.
5/31/2011Read second time. Ordered to third reading.
6/01/2011Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 25. Page 1720.)
6/01/2011In Senate. Read first time. To Com. on RLS. for assignment.
select this voteAssembly Vote on Passage6/01/2011AB 375 SKINNER Assembly Third Reading
6/08/2011Referred to Com. on L. & I.R.
select this voteVote6/22/2011Do pass as amended, and re-refer to the Committee on Appropriations.
6/23/2011In committee: Set, first hearing. Hearing canceled at the request of author.
6/28/2011From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 22).
6/29/2011Read second time and amended. Re-referred to Com. on APPR.
7/05/2011From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
select this voteVote8/15/2011Placed on Appropriations Suspense file.
8/15/2011From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. In committee: Referred to APPR. suspense file.
8/18/2011From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
select this voteVote8/25/2011Do pass.
8/25/2011From committee: Do pass. (Ayes 6. Noes 3.) (August 25).
8/29/2011Read second time. Ordered to third reading.
8/31/2011Read third time and amended. Ordered to second reading.
9/01/2011Read second time. Ordered to third reading.
9/07/2011Read third time. Refused passage. (Ayes 20. Noes 15. Page 2365.). Motion to reconsider made by Senator Padilla. Reconsideration granted. (Ayes 36. Noes 0. Page 2365.)
select this voteSenate Vote on Passage9/07/2011Assembly 3rd Reading AB375 Skinner By Padilla
select this voteSenate Vote on Passage9/07/2011Assembly 3rd Reading AB375 Skinner By Padilla Reconsider
9/09/2011Read third time. Refused passage. (Ayes 20. Noes 16. Page 2474.).
currently selectedSenate Vote on Passage9/09/2011Assembly 3rd Reading AB375 Skinner By Padilla
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18 Organizations Supported and 20 Opposed; See Which Ones

Organizations that took a position on
An Act to Add Section 3212.13 to the Labor Code, Relating to Workers’ Compensation.: Assembly 3rd Reading AB375 Skinner By Padilla

18 organizations supported this bill

AFL-CIO
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Amalgamated Transit Union
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
American Federation of State, County and Municipal Employees
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
CA Official Court Reporters Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California National Organization for Women
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Consumer Attorneys of California
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Engineers and Scientist of California
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
International Association of Fire Fighters
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
International Association of Machinists and Aerospace Workers
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
International Brotherhood of Teamsters
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
International Longshore and warehouse Union
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
National Nurses United
NNU (2011, April 14). 2011 California Legislative Priorities. Retrieved April 21, 2011, from NNU.
Professional and Technical Engineers, Local 21
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
San Bernardino Public Employees Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
UNITE HERE!
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
United Food and Commercial Workers International Union
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
United Nurses Associations of California / Union of Health Care Professionals (UNAC/UHCP)
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Utility Workers Union of America, Local 132
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.

20 organizations opposed this bill

Acclamation Insurance Management Services
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Allied Managed Care
undersigned organizations (2011, April 7). Letter to Assembly Member Skinner. Retrieved April 21, 2011, from Capitol Track.
ALPHA Fund
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
American Insurance Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Association of California Healthcare Districts
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California Association for Health Services at Home
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California Association of Joint Powers Authorities
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California Chamber of Commerce
undersigned organizations (2011, April 7). Letter to Assembly Member Skinner. Retrieved April 21, 2011, from Capitol Track.
California Coalition on Workers’ Compensation
undersigned organizations (2011, April 7). Letter to Assembly Member Skinner. Retrieved April 21, 2011, from Capitol Track.
California Grocers Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California Hospital Association
undersigned organizations (2011, April 7). Letter to Assembly Member Skinner. Retrieved April 21, 2011, from Capitol Track.
California Manufacturers and Technology Association
undersigned organizations (2011, April 7). Letter to Assembly Member Skinner. Retrieved April 21, 2011, from Capitol Track.
California Special Districts Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
California State Association of Counties
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
County of San Bernardino
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
CSAC-Excess Insurance Authority
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Property Casualty Insurers Association of America
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
Regional Council of Rural Counties
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.
University of California
Dooley, Daniel M. (2011, April 7). Letter to Assembly Member Solorio. Retrieved April 21, 2011, from UCOP.
Western Occupational and Environmental Medical Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 19, 2011, from Leg. Info.

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Includes reported contributions to campaigns of Senators in office on day of vote, from Energy-related unions (non-mining) interest groups, May 20, 2008 – May 19, 2012.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

NamePartyDistrictsort icon$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Ted GainesRCA-1$0$0
Noreen EvansDCA-2$0$0
Mark LenoDCA-3$0$0
Doug La MalfaRCA-4$0$0
Lois WolkDCA-5$0$0
Darrell SteinbergDCA-6$0$0
Mark DeSaulnierDCA-7$0$0
Leland YeeDCA-8$0$0
Loni HancockDCA-9$0$0
Ellen CorbettDCA-10$0$0
Joe SimitianDCA-11$0$0
Anthony CannellaRCA-12$0$0
Elaine AlquistDCA-13$0$0
Tom BerryhillRCA-14$0$0
Sam BlakesleeRCA-15$0$0
Michael RubioDCA-16$0$0
Sharon RunnerRCA-17$0$0
Jean FullerRCA-18$0$0
Tony StricklandRCA-19$0$0
Alex PadillaDCA-20$0$0
Carol LiuDCA-21$0$0
Kevin De LeonDCA-22$0$0
Fran PavleyDCA-23$0$0
Ed HernandezDCA-24$0$0
Rod WrightDCA-25$0$0
Curren PriceDCA-26$0$0
Alan LowenthalDCA-27$0$0
Ted LieuDCA-28$0$0
Bob HuffRCA-29$0$0
Ron CalderonDCA-30$0$0
Bob DuttonRCA-31$0$0
Gloria Negrete McLeodDCA-32$0$0
Mimi WaltersRCA-33$0$0
Lou CorreaDCA-34$0$0
Tom HarmanRCA-35$0$0
Joel AndersonRCA-36$0$0
Bill EmmersonRCA-37$0$0
Mark WylandRCA-38$0$0
Christine KehoeDCA-39$0$0
Juan VargasDCA-40$0$0

Add Data Filters:

Legislator Filters
Legislator Filters
Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Elaine AlquistDCA-13$65,085$7,900
Joel AndersonRCA-36$56,375$130,550
Tom BerryhillRCA-14$68,000$108,208
Sam BlakesleeRCA-15$13,200$15,200
Ron CalderonDCA-30$62,250$125,000
Anthony CannellaRCA-12$13,800$91,550
Ellen CorbettDCA-10$105,633$12,200
Lou CorreaDCA-34$102,018$139,675
Kevin De LeonDCA-22$159,981$131,634
Mark DeSaulnierDCA-7$134,224$35,545
Bob DuttonRCA-31$46,150$71,500
Bill EmmersonRCA-37$70,050$70,675
Noreen EvansDCA-2$134,269$34,550
Jean FullerRCA-18$25,100$65,100
Ted GainesRCA-1$4,725$233,525
Loni HancockDCA-9$160,104$7,060
Tom HarmanRCA-35$37,700$105,833
Ed HernandezDCA-24$101,076$142,999
Bob HuffRCA-29$63,850$104,150
Christine KehoeDCA-39$70,450$26,500
Doug La MalfaRCA-4$3,000$23,400
Mark LenoDCA-3$188,999$11,750
Ted LieuDCA-28$265,431$132,800
Carol LiuDCA-21$69,345$15,100
Alan LowenthalDCA-27$49,000$8,200
Gloria Negrete McLeodDCA-32$68,550$78,759
Alex PadillaDCA-20$80,500$95,450
Fran PavleyDCA-23$140,615$15,075
Curren PriceDCA-26$71,900$74,250
Michael RubioDCA-16$66,292$88,021
Sharon RunnerRCA-17$6,500$7,900
Joe SimitianDCA-11$59,850$19,450
Darrell SteinbergDCA-6$138,465$140,400
Tony StricklandRCA-19$25,100$275,257
Juan VargasDCA-40$103,350$171,882
Mimi WaltersRCA-33$16,500$169,275
Lois WolkDCA-5$151,886$51,950
Rod WrightDCA-25$95,800$150,701
Mark WylandRCA-38$25,900$71,050
Leland YeeDCA-8$94,100$96,819

Interest Groups that supported this bill

$ Donated
Police & fire fighters unions and associations$1,317,854
State & local government employee unions$946,168
Health worker unions$320,100
Other unions$264,850
Teamsters unions$109,050
Labor unions$106,200
Transportation unions$80,000
Merchant marine & longshoremen unions$51,700
Women's issues$19,200
Civil service & government unions$0
Energy-related unions (non-mining)$0
Manufacturing unions$0
Food service & related unions$0

Interest Groups that opposed this bill

$ Donated
Property & casualty insurance$1,113,729
Accident & health insurance$790,340
Insurance agencies, brokers & agents$409,432
Finance, insurance & real estate$304,050
Food stores$220,350
Hospitals$205,040
Manufacturing$97,378
Chambers of commerce$74,675
Pro-business organizations$49,412
Schools & colleges$47,628
Municipal & county government organizations$18,500
Home care services$13,700
Management consultants & services$8,509
Public official (elected or appointed)$4,100
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