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 Chambers of commerce, which…

opposed this motion

Chambers of commerce [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 Chambers of commerce interest groups, January 1, 2011 – December 31, 2012.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

NamePartysort iconDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Alyson HuberDCA-10$0$0
Anthony PortantinoDCA-44$0$0
Ben HuesoDCA-79$0$0
Betsy ButlerDCA-53$0$0
Bill MonningDCA-27$0$0
Bob BlumenfieldDCA-40$0$0
Bob WieckowskiDCA-20$0$0
Bonnie LowenthalDCA-54$0$0
Cathleen GalgianiDCA-17$0$0
Charles CalderonDCA-58$0$0
Das WilliamsDCA-35$0$0
Felipe FuentesDCA-39$0$0
Fiona MaDCA-12$0$0
Gilbert CedilloDCA-45$0$0
Henry PereaDCA-31$0$0
Holly MitchellDCA-47$0$0
Isadore HallDCA-52$0$0
Jared HuffmanDCA-6$0$0
Jerry HillDCA-19$0$0
Jim BeallDCA-24$0$0
Joan BuchananDCA-15$0$1,000
John PerezDCA-46$0$0
Jose SolorioDCA-69$0$0
Julia BrownleyDCA-41$0$0
Luis AlejoDCA-28$0$0
Manuel PerezDCA-80$0$0
Mariko YamadaDCA-8$0$0
Marty BlockDCA-78$0$0
Mary HayashiDCA-18$0$0
Michael AllenDCA-7$0$0
Mike DavisDCA-48$0$0
Mike EngDCA-49$0$0
Mike FeuerDCA-42$0$0
Mike GattoDCA-43$0$1,500
Nancy SkinnerDCA-14$0$0
Nora CamposDCA-23$0$0
Norma TorresDCA-61$0$0
Paul FongDCA-22$0$0
Ricardo LaraDCA-50$0$0
Rich GordonDCA-21$0$0
Richard PanDCA-5$0$0
Roger DickinsonDCA-9$0$0
Roger HernandezDCA-57$0$0
Sandre SwansonDCA-16$0$0
Steven BradfordDCA-51$0$0
Susan BonillaDCA-11$0$0
Tom AmmianoDCA-13$0$0
Toni AtkinsDCA-76$0$0
Tony MendozaDCA-56$0$0
Warren FurutaniDCA-55$0$0
Wesley ChesbroDCA-1$0$0
Wilmer Amina CarterDCA-62$0$0
Allan MansoorRCA-68$0$1,000
Beth GainesRCA-4$0$3,500
Bill BerryhillRCA-26$0$1,500
Brian JonesRCA-77$0$6,300
Brian NestandeRCA-64$0$0
Cameron SmythRCA-38$0$0
Chris NorbyRCA-72$0$1,000
Connie ConwayRCA-34$0$7,800
Curt HagmanRCA-60$0$8,800
Dan LogueRCA-3$0$1,500
David ValadaoRCA-30$0$0
Diane HarkeyRCA-73$0$8,800
Don WagnerRCA-70$0$7,800
Jeff GorellRCA-37$0$2,500
Jeff MillerRCA-71$0$3,500
Jim NielsenRCA-2$0$0
Jim SilvaRCA-67$0$0
Katcho AchadjianRCA-33$0$0
Kevin JeffriesRCA-66$0$0
Kristin OlsenRCA-25$0$4,900
Linda HaldermanRCA-29$0$0
Martin GarrickRCA-74$0$0
Mike MorrellRCA-63$0$1,000
Nathan FletcherRCA-75$0$0
Paul CookRCA-65$0$0
Shannon GroveRCA-32$0$0
Steve KnightRCA-36$0$0
Tim DonnellyRCA-59$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$35,200$32,550
Luis AlejoDCA-28$87,448$22,400
Michael AllenDCA-7$291,825$18,400
Tom AmmianoDCA-13$65,898$100
Toni AtkinsDCA-76$77,300$83,550
Jim BeallDCA-24$274,044$5,250
Bill BerryhillRCA-26$26,150$70,768
Marty BlockDCA-78$224,500$17,250
Bob BlumenfieldDCA-40$121,600$27,150
Susan BonillaDCA-11$75,690$49,426
Steven BradfordDCA-51$89,800$30,900
Julia BrownleyDCA-41$0$0
Joan BuchananDCA-15$83,950$63,364
Betsy ButlerDCA-53$456,284$32,150
Charles CalderonDCA-58$0$0
Nora CamposDCA-23$87,951$16,865
Wilmer Amina CarterDCA-62$0$0
Gilbert CedilloDCA-45$0$0
Wesley ChesbroDCA-1$42,560$16,000
Connie ConwayRCA-34$31,950$149,843
Paul CookRCA-65$0$0
Mike DavisDCA-48$0$0
Roger DickinsonDCA-9$125,300$13,200
Tim DonnellyRCA-59$8,075$12,500
Mike EngDCA-49$0$0
Mike FeuerDCA-42$0$0
Nathan FletcherRCA-75$0$0
Paul FongDCA-22$102,718$17,000
Felipe FuentesDCA-39$0$0
Warren FurutaniDCA-55$0$0
Beth GainesRCA-4$11,200$159,896
Cathleen GalgianiDCA-17$229,530$34,200
Martin GarrickRCA-74$0$0
Mike GattoDCA-43$180,553$110,125
Rich GordonDCA-21$79,713$56,910
Jeff GorellRCA-37$37,800$67,350
Shannon GroveRCA-32$16,000$23,000
Curt HagmanRCA-60$35,800$91,650
Linda HaldermanRCA-29$0$0
Isadore HallDCA-52$69,200$72,557
Diane HarkeyRCA-73$13,000$41,300
Mary HayashiDCA-18$0$0
Roger HernandezDCA-57$66,100$53,230
Jerry HillDCA-19$130,555$70,196
Alyson HuberDCA-10$0$0
Ben HuesoDCA-79$73,000$37,431
Jared HuffmanDCA-6$0$0
Kevin JeffriesRCA-66$0$0
Brian JonesRCA-77$3,000$29,500
Steve KnightRCA-36$17,200$19,900
Ricardo LaraDCA-50$107,400$66,100
Dan LogueRCA-3$16,065$73,929
Bonnie LowenthalDCA-54$39,200$5,000
Fiona MaDCA-12$0$0
Allan MansoorRCA-68$6,850$31,600
Tony MendozaDCA-56$0$0
Jeff MillerRCA-71$15,180$117,150
Holly MitchellDCA-47$68,795$35,800
Bill MonningDCA-27$163,835$45,413
Mike MorrellRCA-63$23,924$37,900
Brian NestandeRCA-64$51,100$55,650
Jim NielsenRCA-2$5,500$26,782
Chris NorbyRCA-72$14,325$49,334
Kristin OlsenRCA-25$26,275$84,100
Richard PanDCA-5$162,942$119,552
Henry PereaDCA-31$66,600$130,222
John PerezDCA-46$412,200$157,423
Manuel PerezDCA-80$47,600$65,700
Anthony PortantinoDCA-44$0$0
Jim SilvaRCA-67$0$0
Nancy SkinnerDCA-14$100,555$30,800
Cameron SmythRCA-38$0$0
Jose SolorioDCA-69$0$0
Sandre SwansonDCA-16$0$0
Norma TorresDCA-61$66,201$50,000
David ValadaoRCA-30$0$0
Don WagnerRCA-70$6,875$43,950
Bob WieckowskiDCA-20$163,850$14,850
Das WilliamsDCA-35$139,950$32,937
Mariko YamadaDCA-8$60,223$1,300

Interest Groups that supported this motion

$ Donated
Attorneys & law firms$1,301,141
Police & fire fighters unions and associations$1,293,027
State & local government employee unions$1,252,526
Health worker unions$453,700
Other unions$359,200
Teamsters unions$118,495
Labor unions$107,250
Transportation unions$87,299
Women's issues$39,700
Merchant marine & longshoremen unions$24,000
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$1,051,599
Accident & health insurance$600,150
Insurance agencies, brokers & agents$291,450
Hospitals$233,034
Finance, insurance & real estate$226,225
Food stores$171,763
Pro-business organizations$72,092
Chambers of commerce$62,400
Schools & colleges$37,887
Municipal & county government organizations$31,800
Manufacturing$30,253
Home care services$5,500
Management consultants & services$3,750
Public official (elected or appointed)$3,500
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