California 2013-2014 Regular Session Status: To Executive

SB 258 — Workers' compensation.

Last action — Consideration of Governor's veto stricken from file.

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

This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes the 7-member Workers' Compensation Appeals Board, and provides that the members of the appeals board are appointed by the Governor with the advice and consent of the Senate. Existing law requires that 5 of the 7 members of the board be experienced attorneys admitted to practice in the State of California, and provides that the other 2 members need not be attorneys. This bill would require that all 7 members of the board be experienced attorneys admitted to practice in the State of California. 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 requires that medical, surgical, chiropractic, acupuncture, and hospital treatment that is reasonably required to relieve the injured worker from the effects of his or her injury be provided by the employer. Existing law prohibits a chiropractor from being a treating physician after the employee has received a certain number of chiropractic visits. This bill would correct an erroneous cross-reference with respect to these provisions. Existing law requires that a lien claimant is entitled to an order or award for reimbursement of a lien filing fee or lien activation fee, together with interest at the rate allowed on civil judgments, if certain conditions are satisfied. This bill would specify that these fees are to be paid by the employer. Existing law requires an order or award for payment of a lien for medical or hospital treatment, as specified, to be made for payment only to the person who was entitled to payment for the expenses for medical or hospital treatment at the time the expenses were incurred, and not to an assignee unless the person has ceased doing business in the capacity held at the time the expenses were incurred and has assigned all right, title, and interest in the remaining accounts receivable to the assignee. This bill would authorize an assignment of that payment if the assignment was completed prior to January 1, 2013, or if it was required by a contract that became enforceable and irrevocable prior to January 1, 2013. The bill would state that this provision is declarative of existing law. Existing law authorizes an injured worker to institute proceedings for the collection of compensation, including vocational rehabilitation services, within 5 years after the date of the injury upon the ground that the original injury has caused new and further disability or that providing vocational rehabilitation services has become feasible because the employee's medical condition has improved or because of other factors not capable of determination at the time the employer's liability for vocational rehabilitation services otherwise terminated. This bill would delete the provisions relating to vocational rehabilitation, but retain the authority of an injured worker to institute proceedings for the collection of compensation within 5 years after the date of the injury upon the ground that the original injury has caused new and further disability.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 3 p.m.

  5. Assembly amendments concurred in. (Ayes 26. Noes 11. Page 2164.) Ordered to engrossing and enrolling.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 51. Noes 25. Page 2841.) Ordered to the Senate.

  8. Ordered to third reading.

  9. Read third time and amended. (Page 2795.)

  10. Ordered to third reading.

  11. From inactive file.

  12. Notice of intention to remove from inactive file given by Assembly Member Atkins.

  13. Ordered to inactive file on request of Assembly Member Atkins.

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 8. Noes 4.) (August 7).

  16. Referred to Com. on INS.

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

  18. Read third time. Passed. (Ayes 25. Noes 11. Page 941.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 4. Noes 1. Page 882.) (May 8).

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

  22. Set for hearing May 8.

  23. Re-referred to Com. on L. & I.R.

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

  25. Referred to Com. on RLS.

  26. From printer. May be acted upon on or after March 16.

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

Sponsors

  • Lieu · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Lieu

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

Unfinished Business SB258 Lieu Concurrence

Passed 26 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231102
Democratic 3000
Total 261102
% of votes cast 67%28%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Lara — Yea
Steinberg — Yea
Wright — Yea
Emmerson — Not Voting
Correa — Yea
Lieu — Yea
Liu — Yea
Torres — Yea
Wyland — Nay
De León — Yea
Evans — Yea
Fuller — Nay
Hancock — Yea
Hill — Yea
Hueso — Yea
Huff — Nay
Cannella — Nay
Corbett — Yea
Knight — Nay
Leno — Not Voting
Monning — Yea
Nielsen — Nay
Pavley — Yea
Roth — Yea
Vidak — Nay
Walters — Nay
Wolk — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 258 Lieu Senate Third Reading By PEREA

Passed 51 Yea · 25 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 472202
Democratic 4000
Republican 0300
Total 512502
% of votes cast 65%32%0%3%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bigelow — Nay
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Pan — Yea
Quirk — Not Voting
Waldron — Nay
Wieckowski — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Mitchell — Yea
Daly — Yea
Holden — Yea
Bonilla — Yea
Medina — Yea
Bloom — Yea
Nazarian — Yea
Skinner — Yea
Gatto — Yea
Hagman — Nay
Harkey — Nay
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Jones-Sawyer — Yea
Levine — Yea
Allen — Nay
Logue — Nay
Melendez — Nay
Morrell — Nay
Mullin — Yea
Campos — Yea
Chau — Yea
Chesbro — Yea
Chávez — Nay
Conway — Nay
Cooley — Yea
Donnelly — Nay
Eggman — Yea
Nestande — Nay
Olsen — Nay
Perea — Yea
Rendon — Yea
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Williams — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gomez — Yea
Gorell — Nay
Hall — Not Voting
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Democratic 1000
Total 8400
% of votes cast 67%33%0%0%
How each member voted (12)
Member Party Vote
Bradford — Yea
Nestande — Nay
Mitchell — Yea
Cooley — Yea
Perea — Yea
Wieckowski — Yea
Frazier — Yea
Olsen — Nay
Gonzalez — Yea
Hagman — Nay
Beth Gaines — Nay
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 25 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 221102
Democratic 3000
Total 251102
% of votes cast 66%29%0%5%
How each member voted (38)
Member Party Vote
Anderson — Nay
Hueso — Yea
Leno — Yea
Nielsen — Nay
Cannella — Nay
Emmerson — Nay
Correa — Yea
Evans — Yea
Galgiani — Yea
Wright — Yea
Corbett — Yea
Hernandez — Yea
Hill — Yea
Knight — Nay
Beall — Yea
Block — Yea
Lara — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Wolk — Yea
Fuller — Nay
Huff — Nay
Price — Not Voting
Walters — Nay
Wyland — Nay
De León — Not Voting
DeSaulnier — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 4 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3100
Democratic 1000
Total 4100
% of votes cast 80%20%0%0%
How each member voted (5)
Member Party Vote
Lieu — Yea
Wyland — Nay
Leno — Yea
Yee — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

labor health-insurance
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Frequently asked questions

What does SB 258 do?
Existing law establishes the 7-member Workers' Compensation Appeals Board, and provides that the members of the appeals board are appointed by the Governor with the advice and consent of the Senate. Existing law requires that 5 of the 7 members of the board be experienced attorneys admitted to practice in the State of California, and provides that the other 2 members need not be attorneys. This bill would require that all 7 members of the board be experienced attorneys admitted to practice in the State of California. 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 requires that medical, surgical, chiropractic, acupuncture, and hospital treatment that is reasonably required to relieve the injured worker from the effects of his or her injury be provided by the employer. Existing law prohibits a chiropractor from being a treating physician after the employee has received a certain number of chiropractic visits. This bill would correct an erroneous cross-reference with respect to these provisions. Existing law requires that a lien claimant is entitled to an order or award for reimbursement of a lien filing fee or lien activation fee, together with interest at the rate allowed on civil judgments, if certain conditions are satisfied. This bill would specify that these fees are to be paid by the employer. Existing law requires an order or award for payment of a lien for medical or hospital treatment, as specified, to be made for payment only to the person who was entitled to payment for the expenses for medical or hospital treatment at the time the expenses were incurred, and not to an assignee unless the person has ceased doing business in the capacity held at the time the expenses were incurred and has assigned all right, title, and interest in the remaining accounts receivable to the assignee. This bill would authorize an assignment of that payment if the assignment was completed prior to January 1, 2013, or if it was required by a contract that became enforceable and irrevocable prior to January 1, 2013. The bill would state that this provision is declarative of existing law. Existing law authorizes an injured worker to institute proceedings for the collection of compensation, including vocational rehabilitation services, within 5 years after the date of the injury upon the ground that the original injury has caused new and further disability or that providing vocational rehabilitation services has become feasible because the employee's medical condition has improved or because of other factors not capable of determination at the time the employer's liability for vocational rehabilitation services otherwise terminated. This bill would delete the provisions relating to vocational rehabilitation, but retain the authority of an injured worker to institute proceedings for the collection of compensation within 5 years after the date of the injury upon the ground that the original injury has caused new and further disability.
Who sponsors SB 258?
SB 258 is sponsored by Lieu.
What is the current status of SB 258?
This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 258?
Track SB 258 free on One Click Politics — get push/email alerts when it moves.

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