WORKERS' COMPENSATION ADMINISTRATION

SB 229 (Burton), (ASM.-Ins. Comm. Amended 4/28, Hearing 7/9) Adds Ins. Code 11823 and 11823.5 to prohibit the SCIF from raising premiums for small employers who offer healthcare insurance and explore a permanent premium discount for employers who offer health insurance Report to the Leg. 1/1/05-Operative to 7/1/06.

SB 457 (McPherson & Margett), (ASM. - Amended 5/23) Contains Leg. Intent that Division of Workers' Compensation review the effectiveness of the 10% penalty (Labor Code 5814) in deterring unreasonable delay.

AB 1215 (Vargas), (SEN Labor & IR Comm. - Amended 5/6, Hearing 7/9) Adds Ins. Code § 11861 that would allow insurers and their agents access to quarterly EDD reports when used solely for fraud investigation. Requires SCIF, in consultation with EDD to develop a program for insurers to access quarterly wage data and withholding reports and set a user fee for costs.
Violations-Civil Penalty, not greater than $5K.

SB 796 (Dunn), (ASM Labor & Employ./Judiciary Comms. - Amended 5/12, Hearing 6/25) Adds Part 13 to Div. 2 of Labor Code allowing aggrieved employees to bring civil actions to recover Labor Code penalties not pursued by appropriate agency, div., dept, etc. Employee would receive a % of the penalty as well as atty. fees and costs. Finally, it would assign a civil penalty for any violation that does not currently have one.