California 2021-2022 Regular Session Status: Enacted Bipartisan · 7 D · 1 R cosponsors

SB 1127 — Workers' compensation: liability presumptions.

Last action — Chaptered by Secretary of State. Chapter 835, Statutes of 2022.

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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, 2022. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    1 primary, 12 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 D · 1 R) — cross-party backing.

  • 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 arising out of and in the course of their employment. Existing law requires an injured employee 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. 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, this bill would reduce those time periods to 75 days. The bill would make other conforming changes. Existing law prohibits aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability from extending for more than 104 compensable weeks within a period of 5 years from the date of injury, except if an employee suffers from certain injuries or conditions. This bill would, for specified firefighters and peace officers claiming illness or injury related to cancer, increase the number of compensable weeks to 240 without limitation as to time from the date of injury. 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 liability for an injury has been unreasonably rejected 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 amount of the penalty to be 5 times the amount of the benefits unreasonably delayed due to the rejection of liability. The bill would limit the penalty to no more than $50,000. The bill would require the appeals board to determine the question of whether the rejection of liability is reasonable. The bill would apply this provision to all injuries, without regard to whether the injury occurs before, on, or after the operative date of the bill. Existing law requires the Administrative Director of the Division of Workers' Compensation, among other duties, to develop a workers' compensation information system in consultation with the Insurance Commissioner and the Workers' Compensation Insurance Rating Bureau, with certain data to be collected electronically. This bill would require the division, upon an appropriation by the Legislature, to identify and amend its existing data collection processes to include collection of the date on which a claimant is notified of acceptance, denial, or conditional denial of liability.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 835, Statutes of 2022.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 28. Noes 9. Page 5335.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

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

  11. From committee: Do pass as amended. (Ayes 13. Noes 1.) (August 11).

  12. August 3 set for first hearing. Placed on suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (June 22). Re-referred to Com. on APPR.

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

  15. Referred to Com. on INS.

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

  17. Read third time. Passed. (Ayes 28. Noes 9. Page 3863.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 5. Noes 1. Page 3784.) (May 19).

  20. Set for hearing May 19.

  21. April 4 hearing: Placed on APPR suspense file.

  22. Set for hearing April 4.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 3168.) (March 21). Re-referred to Com. on APPR.

  24. Set for hearing March 21.

  25. Referred to Com. on L., P.E. & R.

  26. From printer.

  27. Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 109 not signed on · 4 voted No

Sponsors (1)

  • Atkins

Co-sponsors (12)

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"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

SB 1127 Atkins Senate Third Reading By Grayson

Passed 70 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 30002
Unaffiliated 33006
Republican 7002
Total 700010
% of votes cast 88%0%0%13%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Rendon — Yea
Mullin — Yea
Gray — Yea
Cunningham — Yea
Cooper — Yea
Smith — Not Voting
Voepel — Not Voting
Kiley — Not Voting
Mathis — Not Voting
Bigelow — Not Voting
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Unfinished Business SB1127 Atkins et al. Concurrence

Passed 28 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 16502
Republican 0400
Total 28903
% of votes cast 70%23%0%8%
How each member voted (40)
Member Party Vote
Glazer — Yea
Pan — Yea
Portantino — Yea
Wieckowski — Yea
Bradford — Yea
Eggman — Yea
Atkins — Yea
Kamlager — Yea
Newman — Yea
Rubio — Yea
Min — Yea
Roth — Yea
Skinner — Yea
Hueso — Yea
Dodd — Yea
Leyva — Yea
Borgeas — Nay
Melendez — Nay
Wilk — Nay
Bates — Nay
Nielsen — Nay
Hertzberg — Not Voting
Gonzalez — Not Voting
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 Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
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 as amended.

Passed 13 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Democratic 7000
Republican 1001
Total 13102
% of votes cast 81%6%0%13%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Holden — Yea
McCarty — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Vince Fong — Not Voting
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea

Official roll call →

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

Passed 10 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4201
Democratic 5001
Republican 1000
Total 10202
% of votes cast 71%14%0%14%
How each member voted (14)
Member Party Vote
Cooper — Yea
Rodriguez — Yea
Wood — Yea
Mayes — Yea
Bigelow — Nay
Voepel — Nay
Cooley — Not Voting
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Kalra, Ash Democratic Not Voting
Chen, Phillip Republican Yea

Official roll call →

3rd Reading SB1127 Atkins et al.

Passed 28 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 11002
Unaffiliated 17501
Republican 0400
Total 28903
% of votes cast 70%23%0%8%
How each member voted (40)
Member Party Vote
Wieckowski — Yea
Newman — Yea
Gonzalez — Yea
Min — Yea
Portantino — Yea
Skinner — Yea
Hueso — Yea
Eggman — Yea
Glazer — Yea
Pan — Yea
Bradford — Yea
Atkins — Yea
Kamlager — Yea
Dodd — Yea
Roth — Yea
Leyva — Yea
Rubio — Yea
Borgeas — Nay
Bates — Nay
Nielsen — Nay
Wilk — Nay
Melendez — Nay
Hertzberg — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
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 · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 1000
Republican 0100
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Portantino — Yea
Kamlager — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Not Voting
Laird, John Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4001
Republican 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Wieckowski — Yea
Portantino — Yea
Bradford — Yea
Bates — Not Voting
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

healthcare labor
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Frequently asked questions

What does SB 1127 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 requires an injured employee 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. 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, this bill would reduce those time periods to 75 days. The bill would make other conforming changes. Existing law prohibits aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability from extending for more than 104 compensable weeks within a period of 5 years from the date of injury, except if an employee suffers from certain injuries or conditions. This bill would, for specified firefighters and peace officers claiming illness or injury related to cancer, increase the number of compensable weeks to 240 without limitation as to time from the date of injury. 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 liability for an injury has been unreasonably rejected 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 amount of the penalty to be 5 times the amount of the benefits unreasonably delayed due to the rejection of liability. The bill would limit the penalty to no more than $50,000. The bill would require the appeals board to determine the question of whether the rejection of liability is reasonable. The bill would apply this provision to all injuries, without regard to whether the injury occurs before, on, or after the operative date of the bill. Existing law requires the Administrative Director of the Division of Workers' Compensation, among other duties, to develop a workers' compensation information system in consultation with the Insurance Commissioner and the Workers' Compensation Insurance Rating Bureau, with certain data to be collected electronically. This bill would require the division, upon an appropriation by the Legislature, to identify and amend its existing data collection processes to include collection of the date on which a claimant is notified of acceptance, denial, or conditional denial of liability.
Who sponsors SB 1127?
SB 1127 is sponsored by Atkins, Cortese, Dave (Democratic), Hertzberg, Bryan, Isaac G. (Democratic), Grayson, Timothy S. (Democratic), Durazo, Maria Elena (Democratic), Laird, John (Democratic), Newman, Chen, Phillip (Republican), Cooper, Gipson, Mike A. (Democratic), Lee, Alex (Democratic), and Wood.
What is the current status of SB 1127?
This bill has been enacted into law. Introduced February 16, 2022. Enacted.
Where can I track SB 1127?
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