How do SB 1002 and SB 213 Affect Your Workers' Compensation?

These random arrangements of numbers and letters might not mean much to you from just looking at them on the screen, but they may impact your workers’ comp. in big ways. 

Earlier this year, California representatives moved forward on 2 significant bills that have a direct correlation to the workers’ comp. you may be eligible for.

SB 1002

What is it?

This bill was introduced earlier this year by Sen. Anthony Portantino and was referred to the Committee on Rules for assignment. The bill covers an important aspect of the workers’ comp. process by addressing the means of treatment for workers’ compensation benefits related to mental health. 

What does it do?

Currently, the existing law requires a referral from a licensed physician and surgeon before an injured worker may be treated by a licensed clinical social worker. SB 1002 would eliminate that and would then require an employer to provide an employee with access to a licensed clinical social worker for assessment, evaluation and treatment of a work-related injury.

Is it a good thing?

If this bill is passed, it would serve as a tremendous positive for workers’ comp. advocates who want to cut through many of the unnecessary steps used to hinder workers from receiving the proper treatment after an injury. For example, in certain areas of the state, workers may be able to locate mental health treatment on a lien when the insurer's MPN has nothing to offer, while in other places, this is virtually impossible.

Treating mental health is a serious issue, and if done right, it can make a huge difference in people’s lives. Therefore, putting in place the proper procedures and guidelines for patients is crucial. This bill can help make the sometimes difficult process of obtaining worker comp benefits a little bit easier than it has been.

SB 213 

What is it?

It is a senate bill affecting hospital workers and their presumptive rights in relation to workers’ comp. and rebuttable claims from potential work-related ailments. 

What does it do?

Before this bill was introduced and amended, existing law created a rebuttable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. That law also created a rebuttable presumption of injury for various employees, including an employee who works at a health facility, as defined, to include an illness or death resulting from COVID-19, if specified circumstances apply.

This bill specifies the term injury in relation to the existing law and expands it to include a number of presumptions for direct patient care workers in acute care hospitals. These presumptions include those for illness or death arising out of infectious disease (including COVID-19), cancer, musculoskeletal injury, post-traumatic stress disorder and respiratory disease (including COVID-19).

Basically, SB 213 allows for more hospital workers to file workers’ comp. related to the numerous ailments that can occur while in the duty of their job and for extended periods beyond any termination they may receive depending on the specific ailment.

Is it a good thing?

The existing law covers occupations that are overwhelmingly male, so by moving forward on this bill that is specifically geared toward many nurses, who are 90% female, work related disparities can hopefully grow smaller.  According to the United States Census Bureau, women earn roughly 88 cents for every dollar earned by a man, in the state of California. This bill and its amendments allow for hospital workers to take a step toward addressing economic and social gender inequality by guaranteeing access to workers’ compensation.

Ideally both SB 1002 and SB 213 can help improve the workers’ compensation system and help streamline the process to benefit those that are in dire need of its assistance. If you have any questions about how these bills might affect your workers’ comp. eligibility or have any questions about workers’ compensation in general, the team of workers’ compensation specialists at Cole, Fisher, Cole, O’Keefe + Mahoney are standing by to give you a hand.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.