California Legislation
BILL NUMBER: AB 2125 CHAPTERED BILL TEXT CHAPTER 876 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2002 APPROVED BY GOVERNOR SEPTEMBER 25, 2002 PASSED THE ASSEMBLY AUGUST 30, 2002 PASSED THE SENATE AUGUST 28, 2002 AMENDED IN SENATE JUNE 18, 2002 INTRODUCED BY Assembly Member Negrete McLeod FEBRUARY 20, 2002 An act to add Section 3212.12 to the Labor Code, relating to workers' compensation. LEGISLATIVE COUNSEL'S DIGEST AB 2125, Negrete McLeod. Workers' compensation: Lyme disease. Existing law provides that an injury of an employee arising out of and in the course of employment is generally compensable through the workers' compensation system. Existing law provides that, in the case of certain law enforcement officers and firefighters, the term "injury" includes heart trouble, hernia, pneumonia, and other injuries and diseases, and establishes a disputable presumption in this regard. This bill would provide that in the case of certain state law enforcement and California Conservation Corps personnel, the term "injury" also includes Lyme disease that develops or manifests itself during a period while the person is in that service. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3212.12 is added to the Labor Code, to read: 3212.12. (a) This section applies to peace officers, as defined in subdivision (b) of Section 830.1 of the Penal Code, subdivisions (e), (f), and (g) of Section 830.2 of the Penal Code, and corpsmembers, as defined by Section 14302 of the Public Resources Code, and other employees at the California Conservation Corps classified as any of the following: Title Class Backcounty Trails Camp Supervisor, California Conservation Corps ................. 1030 Conservationist I, California Conservation Corps ............................ 1029 Conservationist II, California Conservation Corps ............................ 1003 Conservationist II, Nursery California Conservation Corps ................. 7370 (b) The term "injury," as used in this division, includes Lyme disease that develops or manifests itself during a period in which any person described in subdivision (a) is in the service of the department. (c) The compensation that is awarded for Lyme disease shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. (d) Lyme disease so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the Lyme disease is not reasonably linked to the work performance. Unless so controverted, the appeals board shall find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
This bill would also provide that a physician and surgeon is not subject to discipline for these particular aspects of unprofessional conduct solely on the basis that the treatment or advice he or she rendered to a patient is alternative or complementary medicine, including the treatment of persistent Lyme Disease, if those conditions are satisfied.