Impact of Senate Bill 1127 on Peace Officer Claims
| Jurisdiction | California,United States |
| Author | BRIAN HULL, ESQ. |
| Citation | Vol. 36 No. 1 |
| Publication year | 2023 |
BRIAN HULL, ESQ.
CONCORD, CALIFORNIA
On September 29, 2022, Governor Newsom signed into law SB 1127, which provides four updates to the Labor Code. Two of these updates significantly expand benefits for safety officers, one imposes a potentially hefty penalty for unreasonably rejected claims and the final one relates to data collection.
The first provision of SB 1127 is a significant expansion of temporary disability benefits for safety officers—that is, firefighters, peace officers and fire and rescue services coordinators—who have sustained work-related injury or illness related to cancer. This provision modifies Labor Code section 4656 by increasing the temporary disability limit within a period of five years from the date of injury from 104 weeks up to a total of 240 weeks during the entire period of the claim (meaning temporary disability benefits no longer must be paid within five years from the date of injury). The increase in temporary disability benefits for presumptive cancer cases applies to injuries on or after January 1, 2023.
This change creates a distinct unresolved conflict with Labor Code section 5410, which limits to within five years of the original injury the right of an injured worker alleging new and further disability to file a petition to reopen. The modified language of Labor Code section 4656 suggests that a safety officer who has had industrial cancer and later relapses could request additional temporary disability benefits even if it is requested well beyond five years after the date of injury and after a stipulated award. Notably, Labor Code section 4656(d) does not contain the same restricting clauses as subdivisions (a), (b) and (c), indicating a limit within a period of five years from the date of injury. Labor Code section 4656(d), however, does not indicate that it is intended to provide additional authority to the WCAB and contravene the limitation contained within Labor Code section 5410. It is therefore important to note that if a case has not been finalized by way of a Compromise and Release agreement and a timely petition to reopen is filed within five years from the date of injury, the WCAB could award temporary disability beyond five years from the initial date of injury.
If one goes beyond the plain language of the statutes, it is likely, based on legislative history, that the rationale for the expanded timeline for...
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