LEGISLATIVE SESSION ENDS: WHAT WORKERS’ COMP BILLS ARE STILL IN PLAY?

California’s legislature went into recess on August 31. Governor Newsom has until September 30, 2024 to sign or veto various workers’ comp bills.

Here is a quick list of the status of noteworthy California workers’ comp bills (with links to the bills and legislative analyses):

• SB 1299 (Cortese) passed and will be heading to the Governor. This bill would create a rebuttable presumption that a heat-related injury arose out of the course of employment where an agricultural employer failed to comply with existing heat standards). Here is the Assembly analysis: https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240SB1299

• SB 636 (Cortese) also passed and is headed to Governor Newsom for his consideration. The big requires that beginning July 1, 2026 a private employer’s utilization review process be performed by California-licensed medical professionals. A similar bill was vetoed by Governor Brown in 2011. Here is a link to the legislative analysis of SB 636: https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240SB1299

• SB 1058 (Ashby) passed and will be on the Governor’s desk. This bill expands Labor Code 4850 eligibility to park rangers employed by counties and special districts. Here is the analysis: https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240SB1058

• AB 2337 (Dixon) is also headed to the Governor. This bill provides for electronic signatures for workers’ comp documents. Here is the legislative analysis: https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240AB2337

• AB 1870 (Ortega) was passed by the legislature and  signed into law by Governor Newsom in July. This bill requires employers to include information concerning an employee’s right to an attorney in their workers’ comp employee rights notice poster. The legislative analysis can be found here: https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240AB1870

• SB 1205 (Laird) did not achieve passage by the legislature and was ordered to the inactive file on August 26. The bill would have provided that an employer denial of an employee’s request to receive workers’ compensation treatment during work hours constitutes discrimination against the employer, subject to certain business necessity  allowances and rules for FLMA and CFRA leave. The last analysis of the bill, done on August 21, 2024 can be seen here: https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240SB1205

Again, Newsom has the month of September to act on the four workers’ comp related bills that are on his desk. Stay tuned.

Julius Young

https://www.boxerlaw.com/attorney/julius-o-young/