California 2021-2022 Regular Session Status: Passed Senate 1 D cosponsors

SB 335 — Workers' compensation: liability.

Last action — Returned to Chief Clerk pursuant to Joint Rule 62(a).

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

This bill died with 2021-2022 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries arising out of and in the course of their employment. Existing law prohibits a claim for workers' compensation from being maintained unless within 30 days after the occurrence of the injury, the injured person, or in case of the death, a dependent, or someone on the injured person's or dependent's behalf, serves notice of the injury upon the employer. Existing law also requires an injured employee, or in the case of death, a dependent, or an agent of the employee or dependent, to file a claim form with the employer. Under existing law, except for specified injuries, if liability is not rejected within 90 days after the date the claim form is filed with the employer, the injury is presumed compensable and the presumption is rebuttable only by evidence discovered subsequent to the 90-day period. This bill would reduce those 90-day time periods to 45 days and, for certain injuries or illnesses, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, would reduce those time periods to 30 days. Existing law requires an employer, one working day after an employee files a claim form, to authorize the provision of all treatment, as specified, for the alleged injury and to continue to provide the treatment until the date that liability for the claim is accepted or rejected. Existing law limits liability for medical treatment to $10,000 until the date the claim is accepted or rejected. This bill would increase that amount from $10,000 to $17,000. Existing law requires that certain proceedings, including proceedings for the enforcement against the employer or an insurer of any liability for compensation, be instituted before the Workers' Compensation Appeals Board. Existing law authorizes the appeals board to fix and determine, in its award, the total amount of compensation to be paid and specify the manner of payment, or may fix and determine the weekly disability payment to be made and order payment during the continuance of disability. Existing law requires that when payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the unreasonably delayed or refused payment be increased up to 25% or up to $10,000, whichever is less. Existing law requires the appeals board to use its discretion to accomplish a fair balance and substantial justice between the parties. This bill would require, if payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, for specified claims of injury or illness, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, the full amount of the order, decision, or award to be increased by 10%. The bill would prohibit multiple increases from being awarded for repeated delays in making a series of payments due for the same type or specie of benefit unless there has been a legally significant event between the delay and the subsequent delay in payments of the same type or specie of benefit that establishes the employer's or insurance carrier's liability. The bill would apply to all injuries, without regard to whether the injury occurs before, on, or after the operative date of the bill. The bill would make other conforming changes.

Bill Text

Action History

  1. Returned to Chief Clerk pursuant to Joint Rule 62(a).

  2. July 13 set for first hearing. Failed passage in committee. (Ayes 7. Noes 0.)

  3. Referred to Com. on INS.

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

  5. Read third time. Passed. (Ayes 29. Noes 10. Page 1311.) Ordered to the Assembly.

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 5. Noes 2. Page 1188.) (May 20).

  8. Set for hearing May 20.

  9. May 10 hearing: Placed on APPR suspense file.

  10. Set for hearing May 10.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 918.) (April 26). Re-referred to Com. on APPR.

  12. Set for hearing April 26.

  13. Re-referred to Com. on L., P.E. & R.

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

  15. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  16. (Ayes 32. Noes 4.)

  17. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  18. Referred to Com. on RLS.

  19. From printer. May be acted upon on or after March 11.

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

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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

Do pass as amended and be re-referred to the Committee on [Appropriations]

Failed 7 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 4005
Democratic 3001
Republican 0001
Total 7007
% of votes cast 50%0%0%50%
How each member voted (14)
Member Party Vote
Cooley — Yea
Wood — Not Voting
Bigelow — Not Voting
Rodriguez — Not Voting
Cooper — Not Voting
Voepel — Not Voting
Mayes — Yea
Frazier — Yea
Daly — Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Chen, Phillip Republican Not Voting

Official roll call →

3rd Reading

Passed 29 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 17600
Republican 0400
Total 291001
% of votes cast 73%25%0%3%
How each member voted (40)
Member Party Vote
Glazer — Yea
Roth — Yea
Eggman — Yea
Gonzalez — Yea
Portantino — Yea
Bradford — Yea
Min — Yea
Hertzberg — Yea
Skinner — Yea
Wieckowski — Yea
Leyva — Yea
Atkins — Yea
Newman — Yea
Hueso — Yea
Kamlager — Yea
Pan — Yea
Rubio — Yea
Borgeas — Nay
Bates — Nay
Nielsen — Nay
Wilk — Nay
Dodd — Nay
Melendez — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 1000
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Bates — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 335 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 arising out of and in the course of their employment. Existing law prohibits a claim for workers' compensation from being maintained unless within 30 days after the occurrence of the injury, the injured person, or in case of the death, a dependent, or someone on the injured person's or dependent's behalf, serves notice of the injury upon the employer. Existing law also requires an injured employee, or in the case of death, a dependent, or an agent of the employee or dependent, to file a claim form with the employer. Under existing law, except for specified injuries, if liability is not rejected within 90 days after the date the claim form is filed with the employer, the injury is presumed compensable and the presumption is rebuttable only by evidence discovered subsequent to the 90-day period. This bill would reduce those 90-day time periods to 45 days and, for certain injuries or illnesses, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, would reduce those time periods to 30 days. Existing law requires an employer, one working day after an employee files a claim form, to authorize the provision of all treatment, as specified, for the alleged injury and to continue to provide the treatment until the date that liability for the claim is accepted or rejected. Existing law limits liability for medical treatment to $10,000 until the date the claim is accepted or rejected. This bill would increase that amount from $10,000 to $17,000. Existing law requires that certain proceedings, including proceedings for the enforcement against the employer or an insurer of any liability for compensation, be instituted before the Workers' Compensation Appeals Board. Existing law authorizes the appeals board to fix and determine, in its award, the total amount of compensation to be paid and specify the manner of payment, or may fix and determine the weekly disability payment to be made and order payment during the continuance of disability. Existing law requires that when payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, the amount of the unreasonably delayed or refused payment be increased up to 25% or up to $10,000, whichever is less. Existing law requires the appeals board to use its discretion to accomplish a fair balance and substantial justice between the parties. This bill would require, if payment of compensation has been unreasonably delayed or refused, either prior to or subsequent to the issuance of an award, for specified claims of injury or illness, including hernia, heart trouble, pneumonia, or tuberculosis, among others, sustained in the course of employment of a specified member of law enforcement or a specified first responder, the full amount of the order, decision, or award to be increased by 10%. The bill would prohibit multiple increases from being awarded for repeated delays in making a series of payments due for the same type or specie of benefit unless there has been a legally significant event between the delay and the subsequent delay in payments of the same type or specie of benefit that establishes the employer's or insurance carrier's liability. The bill would apply to all injuries, without regard to whether the injury occurs before, on, or after the operative date of the bill. The bill would make other conforming changes.
Who sponsors SB 335?
SB 335 is sponsored by Cortese, Dave (Democratic).
What is the current status of SB 335?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” 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 335?
Track SB 335 free on One Click Politics — get push/email alerts when it moves.

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