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. 
Assembly Committee on Appropriations Vote: Do pass as amended.

PASSED on May 27, 2011.

voted YES: 12 voted NO: 5
0 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
currently selectedAssembly 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
select this voteSenateAssembly 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.
currently selectedVote5/27/2011Do 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.).
select this voteSenate Vote on Passage9/09/2011Assembly 3rd Reading AB375 Skinner By Padilla

Average contributions given to Assemblymembers from Finance, insurance & real estate, which…

opposed this motion

Finance, insurance & real estate [About]
Average given to Assemblymembers who voted:
$0
YES$0
$0
NO$0
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.: Do pass as amended.

18 organizations supported this motion

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 motion

Acclamation Insurance Management Services
undersigned organizations (2011, April 7). Letter to Assembly Member Skinner. Retrieved April 21, 2011, from Capitol Track.
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 Assemblymembers in office on day of vote, from Finance, insurance & real estate interest groups, May 20, 2010 – May 19, 2012.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Katcho AchadjianRCA-33$0$2,000
Luis AlejoDCA-28$0$1,000
Michael AllenDCA-7$0$0
Tom AmmianoDCA-13$0$0
Toni AtkinsDCA-76$0$1,000
Jim BeallDCA-24$0$0
Bill BerryhillRCA-26$0$0
Marty BlockDCA-78$0$2,000
Bob BlumenfieldDCA-40$0$2,000
Susan BonillaDCA-11$0$0
Steven BradfordDCA-51$0$1,750
Julia BrownleyDCA-41$0$0
Joan BuchananDCA-15$0$1,000
Betsy ButlerDCA-53$0$3,900
Charles CalderonDCA-58$0$2,000
Nora CamposDCA-23$0$0
Wilmer Amina CarterDCA-62$0$0
Gilbert CedilloDCA-45$0$0
Wesley ChesbroDCA-1$0$0
Connie ConwayRCA-34$0$3,000
Paul CookRCA-65$0$0
Mike DavisDCA-48$0$0
Roger DickinsonDCA-9$0$1,000
Tim DonnellyRCA-59$0$0
Mike EngDCA-49$0$2,000
Mike FeuerDCA-42$0$0
Nathan FletcherRCA-75$0$0
Paul FongDCA-22$0$2,000
Felipe FuentesDCA-39$0$3,900
Warren FurutaniDCA-55$0$0
Beth GainesRCA-4$0$1,000
Cathleen GalgianiDCA-17$0$0
Martin GarrickRCA-74$0$7,800
Mike GattoDCA-43$0$9,400
Rich GordonDCA-21$0$3,000
Jeff GorellRCA-37$0$1,000
Shannon GroveRCA-32$0$1,000
Curt HagmanRCA-60$0$17,600
Linda HaldermanRCA-29$0$0
Isadore HallDCA-52$0$2,000
Diane HarkeyRCA-73$0$4,000
Mary HayashiDCA-18$0$1,000
Roger HernandezDCA-57$0$3,000
Jerry HillDCA-19$0$0
Alyson HuberDCA-10$0$0
Ben HuesoDCA-79$0$3,000
Jared HuffmanDCA-6$0$0
Kevin JeffriesRCA-66$0$0
Brian JonesRCA-77$0$1,500
Steve KnightRCA-36$0$1,000
Ricardo LaraDCA-50$0$0
Dan LogueRCA-3$0$0
Bonnie LowenthalDCA-54$0$0
Fiona MaDCA-12$0$2,000
Allan MansoorRCA-68$0$1,000
Tony MendozaDCA-56$0$0
Jeff MillerRCA-71$0$2,000
Holly MitchellDCA-47$0$0
Bill MonningDCA-27$0$0
Mike MorrellRCA-63$0$0
Brian NestandeRCA-64$0$0
Jim NielsenRCA-2$0$0
Chris NorbyRCA-72$0$1,000
Kristin OlsenRCA-25$0$2,000
Richard PanDCA-5$0$0
Henry PereaDCA-31$0$3,000
John PerezDCA-46$0$5,800
Manuel PerezDCA-80$0$0
Anthony PortantinoDCA-44$0$3,500
Jim SilvaRCA-67$0$0
Nancy SkinnerDCA-14$0$3,900
Cameron SmythRCA-38$0$0
Jose SolorioDCA-69$0$2,000
Sandre SwansonDCA-16$0$0
Norma TorresDCA-61$0$1,000
David ValadaoRCA-30$0$0
Don WagnerRCA-70$0$2,000
Bob WieckowskiDCA-20$0$0
Das WilliamsDCA-35$0$0
Mariko YamadaDCA-8$0$0

Add Data Filters:

Legislator Filters
Legislator Filters
Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Katcho AchadjianRCA-33$27,470$33,600
Luis AlejoDCA-28$62,625$12,500
Michael AllenDCA-7$169,737$10,350
Tom AmmianoDCA-13$55,049$0
Toni AtkinsDCA-76$85,224$66,738
Jim BeallDCA-24$76,508$3,000
Bill BerryhillRCA-26$9,250$12,100
Marty BlockDCA-78$130,684$17,400
Bob BlumenfieldDCA-40$108,599$28,470
Susan BonillaDCA-11$97,625$45,440
Steven BradfordDCA-51$75,000$29,650
Julia BrownleyDCA-41$39,950$4,000
Joan BuchananDCA-15$152,810$57,929
Betsy ButlerDCA-53$406,751$26,397
Charles CalderonDCA-58$21,550$20,300
Nora CamposDCA-23$72,602$10,815
Wilmer Amina CarterDCA-62$11,486$7,500
Gilbert CedilloDCA-45$44,550$15,350
Wesley ChesbroDCA-1$41,600$23,225
Connie ConwayRCA-34$32,250$106,609
Paul CookRCA-65$43,200$3,100
Mike DavisDCA-48$8,000$0
Roger DickinsonDCA-9$153,296$15,400
Tim DonnellyRCA-59$12,975$10,500
Mike EngDCA-49$35,350$12,500
Mike FeuerDCA-42$90,850$5,900
Nathan FletcherRCA-75$18,350$26,350
Paul FongDCA-22$56,059$10,050
Felipe FuentesDCA-39$20,800$37,900
Warren FurutaniDCA-55$68,725$4,400
Beth GainesRCA-4$5,000$85,571
Cathleen GalgianiDCA-17$88,117$46,575
Martin GarrickRCA-74$11,408$65,924
Mike GattoDCA-43$171,078$87,150
Rich GordonDCA-21$80,213$52,289
Jeff GorellRCA-37$31,450$54,511
Shannon GroveRCA-32$17,950$35,650
Curt HagmanRCA-60$37,700$88,098
Linda HaldermanRCA-29$10,349$28,700
Isadore HallDCA-52$64,600$55,478
Diane HarkeyRCA-73$9,325$32,050
Mary HayashiDCA-18$41,300$27,200
Roger HernandezDCA-57$79,600$67,430
Jerry HillDCA-19$86,472$50,709
Alyson HuberDCA-10$82,421$8,350
Ben HuesoDCA-79$78,750$33,950
Jared HuffmanDCA-6$32,896$4,000
Kevin JeffriesRCA-66$8,700$4,500
Brian JonesRCA-77$4,500$12,250
Steve KnightRCA-36$10,890$12,680
Ricardo LaraDCA-50$112,650$54,449
Dan LogueRCA-3$12,040$55,850
Bonnie LowenthalDCA-54$83,827$10,499
Fiona MaDCA-12$14,750$14,000
Allan MansoorRCA-68$11,875$36,100
Tony MendozaDCA-56$36,650$12,500
Jeff MillerRCA-71$17,550$46,050
Holly MitchellDCA-47$98,881$32,600
Bill MonningDCA-27$116,247$42,863
Mike MorrellRCA-63$29,198$44,750
Brian NestandeRCA-64$27,400$45,600
Jim NielsenRCA-2$22,300$16,800
Chris NorbyRCA-72$12,475$40,834
Kristin OlsenRCA-25$31,850$63,900
Richard PanDCA-5$199,087$90,794
Henry PereaDCA-31$81,150$90,438
John PerezDCA-46$429,904$160,467
Manuel PerezDCA-80$102,035$53,337
Anthony PortantinoDCA-44$43,100$12,758
Jim SilvaRCA-67$8,150$5,850
Nancy SkinnerDCA-14$139,246$36,700
Cameron SmythRCA-38$11,150$12,900
Jose SolorioDCA-69$36,050$22,500
Sandre SwansonDCA-16$75,000$6,500
Norma TorresDCA-61$84,401$48,500
David ValadaoRCA-30$8,250$26,310
Don WagnerRCA-70$15,676$20,700
Bob WieckowskiDCA-20$179,369$10,100
Das WilliamsDCA-35$216,874$27,400
Mariko YamadaDCA-8$43,116$100

Interest Groups that supported this motion

$ Donated
Attorneys & law firms$1,566,977
Police & fire fighters unions and associations$1,317,178
State & local government employee unions$1,308,125
Health worker unions$548,100
Other unions$354,100
Teamsters unions$140,645
Labor unions$114,922
Transportation unions$51,250
Merchant marine & longshoremen unions$51,150
Women's issues$29,450
Food service & related unions$0
Energy-related unions (non-mining)$0
Manufacturing unions$0
Civil service & government unions$0

Interest Groups that opposed this motion

$ Donated
Property & casualty insurance$1,040,445
Accident & health insurance$714,803
Insurance agencies, brokers & agents$269,151
Hospitals$173,959
Food stores$143,370
Finance, insurance & real estate$114,050
Manufacturing$51,211
Pro-business organizations$48,093
Municipal & county government organizations$30,000
Chambers of commerce$28,575
Schools & colleges$23,256
Management consultants & services$9,498
Home care services$6,250
Public official (elected or appointed)$25
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