California 2011-2012 Regular Session Status: Enacted

SB 457 — Workers' compensation: liens.

Last action — Chaptered by Secretary of State. Chapter 564, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law authorizes a medical provider to file a lien claim with the Workers' Compensation Appeals Board for certain expenses incurred by the provider. Under existing law, the board is required to allow a lien to the extent of benefits paid or services provided for reimbursement for self-procured medical costs for the effects of an injury or illness arising out of and in the course of employment. Existing law requires the administrative director, after public hearings, to adopt and revise periodically an official medical fee schedule that establishes reasonable maximum fees paid for medical services, other than prescribed goods and services, in accordance with specified requirements. This bill would require the board to determine, on the basis of liens filed, reimbursement for benefits paid or services provided by a self-insured employee welfare benefit plan notwithstanding the official medical fee schedule when an award is made for reimbursement for self-procured medical costs for the effects of an injury or illness arising out of and in the course of employment. This bill would also state that its provisions do not modify in any way specified rights or obligations.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 564, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2336.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 75. Noes 0. Page 2782.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. (Corrected August 30.)

  9. Read second time and amended. Ordered to second reading.

  10. From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 25).

  11. Set, first hearing. Referred to APPR. suspense file.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 22).

  14. Referred to Com. on INS.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 25. Noes 14. Page 1227.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 6. Noes 3. Page 1117.) (May 26).

  19. Set for hearing May 26.

  20. Placed on APPR. suspense file.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  22. Set for hearing May 9.

  23. Set, second hearing. Hearing canceled at the request of author.

  24. Set for hearing May 2.

  25. Set, first hearing. Hearing canceled at the request of author.

  26. Set for hearing April 11.

  27. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 453.) (March 23). Re-referred to Com. on APPR.

  28. Set for hearing March 23.

  29. Referred to Com. on L. & I.R.

  30. From printer. May be acted upon on or after March 19.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Calderon · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Calderon

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Fuller — Yea
Negrete McLeod — Yea
Harman — Yea
Rubio — Yea
Correa — Yea
Hernandez — Yea
Huff — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Dutton — Yea
Leno — Yea
Walters — Not Voting
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Kehoe — Yea
Pavley — Yea
Steinberg — Yea
Wright — Yea
Corbett — Yea
Emmerson — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 72005
Democratic 1000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Butler — Yea
Carter — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Gatto — Yea
Fong — Yea
Cedillo — Yea
Allen — Yea
Hagman — Yea
Harkey — Yea
Conway — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Alejo — Yea
Cook — Yea
Hayashi — Yea
Huber — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Nestande — Yea
Olsen — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Valadao — Yea
Williams — Yea
Atkins — Yea
Gordon — Yea
Gorell — Not Voting
Bonilla — Not Voting
Halderman — Not Voting
Campos — Yea
Hall — Yea
Lara — Yea
Davis — Not Voting
Donnelly — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Smyth — Yea
Wagner — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Yamada — Yea
Fuentes — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 16000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Mitchell — Yea
Hall — Yea
Harkey — Yea
Campos — Yea
Lara — Yea
Donnelly — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Wagner — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Passed 10 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 0001
Unaffiliated 10000
Democratic 0001
Total 10002
% of votes cast 83%0%0%17%
How each member voted (12)
Member Party Vote
Hagman — Yea
Carter — Yea
Hayashi — Yea
Olsen — Yea
Torres — Yea
Wieckowski — Yea
Miller — Yea
Skinner — Yea
Solorio — Yea
Feuer — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Not Voting

Official roll call →

3rd Reading

Passed 25 Yea · 14 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 231301
Democratic 2000
Republican 0100
Total 251401
% of votes cast 63%35%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hernandez — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Rubio — Yea
Cannella — Nay
Runner — Nay
Harman — Nay
Anderson — Nay
Corbett — Yea
Correa — Nay
Dutton — Nay
Huff — Nay
Leno — Yea
Walters — Nay
Alquist — Yea
Blakeslee — Nay
Liu — Yea
Vargas — Yea
Wolk — Yea
Emmerson — Not Voting
Evans — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Runner — Nay
Alquist — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Kehoe — Yea
Walters — Nay
Emmerson — Nay

Official roll call →

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Emmerson — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 457 do?
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law authorizes a medical provider to file a lien claim with the Workers' Compensation Appeals Board for certain expenses incurred by the provider. Under existing law, the board is required to allow a lien to the extent of benefits paid or services provided for reimbursement for self-procured medical costs for the effects of an injury or illness arising out of and in the course of employment. Existing law requires the administrative director, after public hearings, to adopt and revise periodically an official medical fee schedule that establishes reasonable maximum fees paid for medical services, other than prescribed goods and services, in accordance with specified requirements. This bill would require the board to determine, on the basis of liens filed, reimbursement for benefits paid or services provided by a self-insured employee welfare benefit plan notwithstanding the official medical fee schedule when an award is made for reimbursement for self-procured medical costs for the effects of an injury or illness arising out of and in the course of employment. This bill would also state that its provisions do not modify in any way specified rights or obligations.
Who sponsors SB 457?
SB 457 is sponsored by Calderon.
What is the current status of SB 457?
This bill has been enacted into law. Introduced February 16, 2011. Enacted.
Where can I track SB 457?
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