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1400 K Street, 4th Floor
Sacramento, CA 95814
State Association of Counties
1100 K Street, Suite 101
Sacramento, CA 95814
May 2, 2002
(Leonard) Workers' compensation: infectious diseases:
We regret to
inform you that the League of California Cities and the California State
Association of Counties (CSAC) are opposed to AB 2131. (Leonard):
Workers' Compensation: infectious diseases: dependants.
compensation law generally requires employers to secure the payment of
workers' compensation, including medical treatment, for injuries
incurred by their employees that arise out of or in the course of
employment. Existing law also defines "injury" in the case of the
specified state and local firefighting, law enforcement personnel, and
patrol members, to include any blood-borne infectious disease that
develops or manifests itself during the period while the member is in
the service of the governmental entity.
This bill would
provide that if a person who is a specified state or local firefighting,
law enforcement, or patrol member sustains an injury that meets the
definition of a blood-borne infectious disease, and a dependant of that
person contracts the same disease from the person, the dependant shall
be compensated, for the duration of the disease, for all medically
necessary health care costs associated with the disease.
subjects public agencies to costly claims that have no job causation.
compensation legislation places the burden of proof of injury on the
employer. This leaves the employer clearly defenseless in rejecting
unwarranted claims, especially with regard to employees' dependents. To
compensate employees and their dependants based upon presumptive job
causation of injury that cannot be validated simply leaves an employer
or public agency to accept claims that could be pre-existing.
For the reasons
stated above, we are opposed to AB 2131. Please feel free to contact Amy
Brown at the League at (916) 658-8279 or Steve Keil at (916) 327-7500.
League of California Cities
California State Association of Counties