Plain English Breakdown
The bill states that provisions regarding the calculation method for 2005–2013 are 'declarative of existing law,' meaning they clarify current rules rather than creating new ones.
Workers' Compensation Rules for New Injuries After Old Ones
This law clarifies how benefits are calculated when a worker with an old injury gets hurt again and changes which state office pays those extra benefits.
What This Bill Does
- Clarifies the math used to measure permanent disability for workers who get injured between January 1, 2005, and December 31, 2012, using whole person impairment ratings adjusted for earning capacity.
- Clarifies that for injuries on or after January 1, 2013, the calculation uses a specific adjustment factor instead of measuring diminished future earning capacity.
- Requires proof based on medical records or testimony that an older injury existed and caused problems before giving special payments for new injuries starting in 2027.
- Sets a deadline to apply for extra compensation within five years from the date of a new injury, or one year after disability is decided by the Workers' Compensation Appeals Board, whichever comes later.
- Requires the creation of a list of qualified medical doctors who can evaluate claims for these subsequent injuries.
- Changes the payment process so the Director of Industrial Relations pays benefits instead of the State Compensation Insurance Fund.
Who It Names or Affects
- Workers with an old permanent partial disability who suffer a new work-related injury on or after January 1, 2027.
- The Administrative Director of the Division of Workers' Compensation.
- The Workers' Compensation Appeals Board (WCAB).
- Qualified medical evaluators hired to review these specific claims.
Terms To Know
- Subsequent Injuries Benefits Trust Fund
- A state fund that pays extra money to workers who get hurt again after already having a permanent disability from an old injury.
- Whole person impairment rating
- A score based on medical guides (AMA Guides) that measures how much of the body is physically damaged, used to calculate benefit amounts for injuries between 2005 and 2013.
- Substantial evidence
- Strong proof from records or testimony needed to show an old injury existed and caused problems before a new one happened.
Limits and Unknowns
- The specific rules for proving the impact of an older injury only apply to injuries happening on or after January 1, 2027.
- The bill does not state when it will officially become law because no effective date is listed in the provided text.