Resolution No. 4325
...--- ,.
1
2
;3
4
5
6
7
8
9
10
11
12
13
14
15
16
~
t
RESOLUTION NO. 4325
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON SUPFOR.TING
THE FASSAGE AND ADOFTION OF SENATE-BILL 839
THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS:
... - . -~.
WHEREAS~ the "Soby Decision" has placed an onerous burden on
. .
the Cities and Counties of the State of California to the extent
that large sums of money are required for potential post retire-
ment workers' compensation heart attack cases for policemen and
firemen; and
~REAS~ the City of Vernon believes that the original intent
of the presumptive clause of Labor Code Section 3212 did not call
for the granting of workers' compensation benefits for heart at-
tack cases occurring after retirement or termination; and
WHEREAS~ S.B. 839 ~Y) would reverse the effect of the
BSoby Decision";
, .
NOW ~ THEREFORE, BE IT RESOLVED:
17 SECTION 1: That the City Council of the City of Vernon
18 hereby supports S.B. 839;
19 SECTION 2: That copies of this R.esolution be sent to SENATOR
20
21
22
23
24
25
26
27
28
29
30
31
32
HOWARD WAY, to the Legislators representing our districts, and to
the League of California Cities.
SECTION 3: The City Clerk of the City of Vernon shall cer-
tify to the passage of this R.eso1ution and thereupon and there-
after the same shall be in full force and effect.
ADOFTED AND AFPROVED this 6th day of May, 1975.
~;
~
.. I - R: C ty Clerk
Ill': -. II
~
I
I
I
II
I,
111
II
ii
211
3il
411
il
5i
I
I
I
6il
~II
8
9
101
111
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
.! .,
STATE OF CALIFORNIA )
) 55.
COUNTY OF LOS ANGELES )
I,F.A. ZIEMER, City Clerk of the City of Vernon, do
herebYccertify that the foregoing resolution, being Resolution
. h " '
No. 4325 ,was duly adopted by the City Council of the City of
Vernon, and approved by the Mayor of sa~~d Ci t'Y".B t a regular
meeting of the City Council held on May 6, 1975
~ty
Clerk
t,', '.\' \ \I..r'lf""
<"J' "
\
\. ,
.. \~
\ i
\ \
\
STATE
INTER - COMMUNICATION
COMPENSATION
INSURANCE
~~~.
\ j"
\.
~'O<;,\
\ .'
\,' ,,(0.'-1
,., \...J
\.\':)
TO
ALL DISTRICTS
(OFFICE OR DEPARTMENT)
AT TN
DISTRICT MANAGER
FROM
MR. H. R. HENZI
(OFFICE OR OEPARTMENT)
FUND
DATE
May 15, 1975
x ~
o ,rfr ~
-\ '(/ 1'.
tJ~ tt- I
e;J(~
l/t~O
We are coming down to the wire and we do need a substantial
increase in the number of communications (perhaps telegrams at
this point in time) to the Chairman and members of the Senate
Industrial Relations Committee: '
Senator
Senator
Senator
Senator
Senator
Senator
Senator
POLICY NO.
CLAIM NO.
INJURED
EMPLOYER
SUBJECT
SB 839 - Way
"SOBY"
f...
9-(1;
~e
e()~
rl
c,,1i
~
'Would you please re-check those Public Agencies that have promised
but do not as yet appear to have take~'--t'h~i;~cessary action.
George Zenovich
Allan Robbins
Bill Greene
John Stull
Newton Russell
Lou Cusanovich
Robert presley
SB 839 se~ for Wednes~aYIMa~ 2ls~,and there will be no tomorrow
for it if we cannot muster- 4 affirmative votes from the above
named Committee members.
Your help will be sincerely appreciated.
'\
ullklt]L
H. R. Henzi
Government Relations Officer
jkl UJJ
~rlF r ,qq rH, 1t: (QF'I ,.,;gy .. .~..
MlJ.\,(
1 ~.~- f:j
11.
enc.
CITY OF VERNON
CALIFORNIA
May 7, 1975
followina resolutions
its regular ...ting
R.solution No. 4325 - A RESOLUTION OF mE CITY COUNCIL
C1I'l'HBCITYrJI VERNON SUPPORTING THEPASSA.ClAND
ADOPTION or SImA'll BILL 839
auolution,Ng. '.4327 '"'...'1.. tllSOLUTIONOF THBClTY COUNCIl.
OF THE CITY at VERNON OPPOSDfG ASSEMBLY. BILL 960
DELE'I'INGLOCAL.COVb.NMINT PARTICIPATION OM CRIMINAL
JUSTICI,LANNINGCOUNCIL AND LOCAL PLAHNIHGBOARDS
~ ,.
ltesolut1.0D.,No.,4:32S."AlESOLUTION O'THK CITY COUNCIL
arTHI CITY or VERNON OPPOSING SB 101 (KILLS) AND
AI 1246, (INGALLS) WHICH BILLS PROPOSE R.ESTRUCTURING
OF THE .SCR.TD BY SEPARATING THE RAPID TRANSIT AND. BUS
FUNCTIONS
Yours very truly,
r. A. Ziemer,
City Clerk-
Director of Finance
~
Ydj#
~~
c~c
S.f' b>cAJA-lrJrtc-. - S 1Mv)M-y ~-:J. i~ 70.{
Abu,sing ,a la'~
TilE WOIUi: OF policemcn and firemen is
filled wit h stress. The la w, recognizing this,
provides that a heart attack occurring after five
years service is presumed to be job-connected, If
the f1ttack is fatal, the \vidow collects up to
$.IO,()()O in workman's compensation; if it is not
fatrd, the victim collects disability pay.
The Examiner believes that such a presump-
tion is 1'nir in thc case of men whose duties so
oltcnlead them into danger. But safeguards need
to be erected against a buses of the law.
The pt'oblclll forcefully captured the attention
of local gove\'l1ll1ent authorities throughout Cali-
fornia when a 1972 court decision upheld the
Labor Cocl~ in the, case o( a Richmond fireman
whose hf'3rt allack oCCl1rrrd 15 months after he
ldl \\'ork.,
IN A ClJHllENT San Francisco case, ,m
officer suffrl'cd a hen!'l attack 1X years Clfter
retirement find now seeks disability pay,
In another instance an officer retired 1'1'0111 the
department here and went to work for the district
attorney of a neighboring county. After five years
he suffered a fatal heart attack and the Stat.e
Supreme COllrt upheld the widow's claim to job-
connected uenefits from San Francisco, ,
, III anuthl'r case a 7'1-ycnr-old policeman who
retired 22 y~al's ago has filed for benefits for a
hCl1rt attack surrered this year,
While the bl'oad principle that heart attacks
arc job-connected is equitable, it should be
applipd within credible limits,
A corrective bill in the Legislature has been
the obkct of heavy pressures by police officer
lobbies. llather than fight proposed reforms, they
would find it more to their long-term interest to
liupport them.
flf4y
6/91$
~, tp3~
~
'1' ,'"
. .......
,n
..
~ . ~
('\ .
'"
.!
SENATE BILL
. No. 839
Introduced by Senator Way"
April 10, 1975
-",.: ....."
An act to amend Sections 3212, 3212.2, 3212.3, 3212.4, 3212,5,
3212,6, 3212,7 and 3213 of the Labo'r Code, relating to
workmen's compensation,
"
oJ
LEGISLATIVE COUNSEL'S DIGEST
SB 839, as introduced, Way. ' Workers' compensation,
The existing law provides that certain specified "injuries"
. suffered by specified public employees are presumed to arise
'out of and in the course of the employment. ' .
, This bill would provide that the presumption that the injury ,
arises out of and in the course of employment shall not apply
, to an injury which does not manifest itself within a period of
5 years from the last date actually worked.
. This bill would also provide that neither appropriation is
made nor obligation created for the reimbursement of any
local agency for any costs incurred by it pursuant to the bill.
Vote: majority. Appropriation: no, Fiscal commi~tee: no.
State~mandated 19cal program: no state funding,
T~e people of the State of California do enact as follows:
1 SECTION 1. 'Section 3212 of the Labor Code is'
2' amended to read:
3 3212. In the case of members of a sheriffs office, /
4 district attorney's staff of inspectors and investigators or
5 of police or fire departments of cities, counties, cities and
6 counties, districts or other" public or municipal
7 corporations or political' subdivisions, whether such
8 members ~re volunteer, partly paid, or fully paid, and in
9 the case of active firefighting members of the Division of
10' Forestry of the State Department of Nat~ralResources \ ,
....
n
o
6-\PR 2 2 197~'
2 839 20 28
!
i
i
I
I
i
'I
I '
l~
l' " 'oj
.'
, ;
" . )
. ~'J '. ~
SB 839
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
, 15
16
17
18
19
20
21
22
23
24'
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
whose duties require firefighting or of any county
forestry or firefighting department or unit, whether
voluntary, fully paid, or' J?artly paid, and in the case ,of
members of the warden service of the Wildlife Protection;"
Branch of the Department of Fish and Game whose
principal duties consist of active law enforcement
service, excepting' those whose ,principal duties are
clerical or otherwise do not clearly fall within the scope',
of active law enforcement service such as stenographer,.
telephone operators,' and other officeworkers, the term
"injury" as used in this act includes hernia when any part
of the hernia develops or manifests itself during a period'
while such member is in the service in such office, staff,
division, department or unit, and in the case of members
of such fire departments, except those whose principal
duties are clerical, such as stenographers; telephone
operators and other officeworkers, and in the case of
county forestry or firefighting departments, except those
whose principal duties are clerical, such as stenographers,
telephone operators and other officeworkers, and in the
case of county forestry or firefighting departments,
except those whose principal duties are clerical, such as
stenographers, telephone operators and other
officeworkers, and in the case of active firefighting
members of the Division of Forestry whose duties require
firefighting, and in the case of members of the warden
service of the' Wildlife Protection Branch of the
Department of Fish and Game whose principal duties
consist ,of active law enforcement' service, excepting
those whose principal duties are clerical or otherwise do
not clearly fall within the scope of active 'law
enforcement service such as stenographer, telephone
operators, and other officeworkers,' the term "injury"
includes pneumonia and heart trouble which develops or
,manifests itself during a period while such member is in
the service of such office, staff, department or unit. In the
case of regular salaried county or city and county peace
officers, the term "injury" also includes any hernia which
manifests itself or develops during a period while the'
officer is in the service, The compensation which is
\
\ '
2 839 J5 31
I, ..\
"" ".
o
:~
,~
'{'
. I
: I~ ' J{ . . ~ ,.:' .
\.:~. '\'~>.:
!"""'~,
r"\'1
. i
f'
~
\.
.
.
,
j' l' ,
~ ~,
.'. .t .,
.') ,
\
.t
r I
;
I
I
I
In
I.
I
1
I
!
f'\'
..'
(()
,
;..;'
~ i
(7).
o
~ '
. ,
,
;,'
.~ . ".\
.., ... ~
.\' '.,
. . '...
": t'.' '
-3-
SB 839
1 awarded for such hernia, heart trouble or pneumonia,
2 shall include full hospital, surgical, medical treatment,
.3 disability indemnity, and death benefits, as provided by
4 the workmen's compensation laws of this state.
'5 Such hernia, heart trouble or pneumonia so developing
6 or manifesting itself in such cases shall be presumed to
'7, arise out of and in the course of the employment. This
8 presumption is disputable and may be controverted by
9 other evidence, but unless so controverted, the appeals
10 board is bound to find in accordance with it.
11 Such hernia, heart trouble or pneumonia so developing
12 or manifesting itself in such ca'ses -shall in no case be
13 attributed to any disease existing prior to such'
14 development or manifestation, . .
15 The term <'injury" as used in this section, and the
'16 presumption that such h(Jrnia, heart trouble, or
17 pneUlilOnia arises out of and in the course of
18 employment, shall not apply to an "injury" which
19 develops during a period of service described in this'
20 section but which does not manifest itself within a period
21 . of five years commencing with the last date actually
22 worked in the specified capacity.
23 'SEe. 2, Section 3212.2 of the Labor Code is amended
24 to read: ,
25 3212.2. In the case of officers and employees in the
26 Department of Corrections having custodial'duties, each
27 officer and employee in the Department of Youth
28 Authority having group supervisory duties, and each
29 security officer employed at the Atascadero State
30 Hospital, the term "injury" includes heart trouble which
31 develops or manifests itself during a period while such
32 officer or employee is in the service of such department
33 or hospital.
34' The compensation which is awarded for such heart
35 trouble shall include' full hospital, surgical, medical
36 treatment, disability indemnity, and death benefits, as
37 provided by the workmen's compensation laws of this
38 state.
39 Such heart trouble so developing or manifesting itself
40 in such cases shall be pres,umed to arise out of and in the
, ;"1("
, ,to' ~
, \,
I 't.~r: ,~ "'. , '"'
. " ~ :,.... f". .
~':,.. .a.h OJ'"
,.
,....1. I
SB 839
-4-
.i
1 course of the employment. This presumption is
2 disputable and may be controverted by other evidence,
3 but unless so controverted, the appeals board is bound t.o
4 find in accordance with it. .
5 The term "injury" as used in this section, and the
6 presumption that such heart trouble arises out of and in
7 the course of employment, shall not apply to any "injury" .
8 which develops during a period of service described in
9 this section but'which does not man1fest itself within a
10 period of five. years commencing with the last, date.
11 actwllly worked in the specified capacity.
,12 SEC, 3,' Section 3212;3 of the Labor ~ode is amended
13 to read:
'14 3212,3. . In the case of a member of the California State'
15 Police who has graduated from an academy certified by
.16 the Commission on Peace Officer Standards and
17 Training, when any such member is employed upon a
18 regular, full-time salary, the term "injury", as used in this
19 division, includes heart trQuble and pneumonia which
20 develops or manifests itself during a period while such
21 member is in the service of the California State Police.
22 The compensation which is awarded for such heart
23 trouble or pneumOl}ia shall include full hospital, surgical, .
24 medical treatment, disability indemnity, and death
25 . benefits as provided by the provisions of this division.
26 Such heart trouble or pneumonia so developing or
27 manifesting itself shall be presumed to aI;ise out of and in
28 the C0urse of the employment. However,. the member of
29 the California State Police shall have served five years or
30 more in such capacity before the presumption shall arise
31. as to the compensability of heart trouble so developing or
32 .manifesting itself. This presumption is disputable and
33 may be controverted by other evidence, but unless so
34 controverted, the appeals board is bound 'to find in
35 accordance with it
36 Such heart trouble or pneumonia so developing or
37 manifesting' itself in such cases shall in no case' be
38 attributed to any disease existing prior to such
39 development or manifestation. '
40 The term :'members" as used herein shall be limited to
2 839 60 36
. .
.
..i)
~
,I
,
I
; '".. 4"
~
: ..~)
, :
I
l
. '!
,
-.' .
~':
':' !.
f\).
. ;
'!
! I -
.1. '
, '
r
/T"\
.l~".
; .
o
rr\,
" '"
-5-
SB 839
, I
l' those employees of the California State Police who' are
2 defined as peace officers in Section 830.2 of the Penal
3 Code. _
4. The term "injury" as used in this ~ection; and the
5 presumption that such heart trouble or pneumonia arises
6 out of and in the course of employment, shall not apply
7 to an ''injury'' which.develops during a period of service
,8 described in this section but which does not manifest
9 itself within a period offive years commencing with the
10 last date actually woiked in the specified capacity.
11 SEe. 4. Section 3212.4 of the Labor Code is amended
12 to read: .
. - 13 3212.4, In the case of a member of a University of
14, California fire department located at a campus or other
15 facility administered by the Regents of University of
16 California, when any such member is employed by such'
17 . a, department upon a regular, full-time salary, on a
18 nonprobationaiy basis, the term "injury': as used in this
19 . division includes heart trouble,' hernia, or pneumonia
20 which develops or manifests itself during a period while .
21 such member is in' the service of such a University of _
22 California fire department. The compensation which is
23 awarded for such heart trouble, hernia, or pneumonia
24 shall include full hospital, surgical, medical treatment,
.25 disability indemnity, and death benefits as provided by
26 the provisions of this division, . ,
27 'Such 'heart trouble, hernia, or pneumonia so,
28 developing or manifesting itself shall be presumed to
29 arise out of and in the course of the employment. This
30 presumption is disputable and may be controverted by
31 other evidence, but unless so controverted, the appeals
32 board is bound to find in accordance with it. .
33 Such heart trouble, hernia, or pneumonia so
34 developing or manifesting itself in such cases shall in no
_ 35 case be attributed to any disease existing prior to such
36 development or manifestation,
.37 The term "member" as used herein shall exclude those
38 employees of a University of California fire department -'
39 whose principal duties are those of a telephone operator,
,40 clerk, stenographer, ma~hinist, mechanic, or otherwise,
2 839 85 41.
I r ': ~. _: ... '
I-
..1.'.".' , .,; ..... "
;. .~;..' .
...... ,,' .-
SB 839
-6-
\ '
1 and whose functions do not clearly fall within the scope'
2 of active firefighting and prevention service,
3 The term HinJury'~ as used in this section, and the
4 presumption such heart trouble, hernia, or pneumonia
5 arises out of and in the course of employment, shall not.
6 , apply to an ''injury'' which develops during a period of
7 service described in this section but which does not'
8 maw/est itself within a period of five years commencing
9 with the last date actually worked in the specified,
10 capacity, .
IISEC. 5.' Section 3212,5 of the Labor Code is amended
12 to read:
'13' 3212,5. In the' case, of a member of a police
14 department of a city or municipality, or a member of the
15 State Highway Patrol, when any such member is
16 employed upon a regular; fun-time salary, and in the case'
17 of a sheriff or deputy sheriff, or an inspector or - ;
18 investigator in a district attorney's office of any county, .
19, employed upon' a regular, full-time salary, the term
20 "injury" as used in this division includes heart trouble and
,.21 pneumonia which develops or manifests itself during a
22 period while such member, sheriff, or deputy sheriff,
23 inspector or investigator is in the service of the police
24 department,the State Highway Patrol, the sheriffs office'
25 or the district attorney's office, as the case may be. The
26 compensation which is awarded for such heart trouble or
27 pneumonia shall include full hospital, surgical, medical
28 treatment, disability indemnity, and death benefits as
29 provided by the provisions of this division, "
30 Such heart trouble or pneumonia so developing or
31 manifesting itself shall be presumed to arise out of and'in
32 the course of the employment: prm'idl'd. hO\\'l'H'r. that
33 the member of the policl' departIrienl, State llighway
34 Pat fol. till' sheriff or deputy sheriff, or an inspector or
35 'investigator ina district attorney"s office of any county
36 shall have served five years or'more in such capacity
37 before the presumption shall arise as to' the
38 compensabilty of heart trouble' so developing or
,39 manifesting itself. This presumption is disputable and
40 may be controverted by other evidence, but unless so
2 839 95 43
II,
!
,,'I
':~
0,
. '
",,"
--':i. I
.":
~
i
j
j
, 'J
.~
,
1
j
\1
,i
\
(i)
'....~. ','".,-.'
i
" ~ .
'j
J
, ~
.
i
1
.. ~,~
~ 1
~;!
1i:
J :;~
. .~
~~
tJ
, ' .~
" 'I
"...' rt
, ~', i
'... :~
. ...;.."
~".:.:
;
{I
~ j
; !
'j j
r')
.1',
~ .".
II '
('
(',
('
\
~
--.,.7-
. SB 839
,,-',
1 controverted, the appeals board is bound to find in
2 accordance with it.
3 Such heart trouble or pneumonia so .developing or
4 manifesting itself in 'such cases shall in no case be
5 attributed to any disease existing prior ,to such,
6 development or manifestation,
7 The term "members" as used herein shall be limited to
8 those employees of police departments, the California
9 Highway Patrol and sheriffs' departments and inspectors
10 and investigators of a district attorney's office who are
11 defined as peace officers in Section 830,1, 830:2, or 830.3
12 of the Penal Code,
13 The term "injury" as used in this section, and the.
14 presumption that such heart trouble or penumonia arises
15 out of and in the course of employment, shall not apply
16 to an "injury" which develops during a period of service
17 described in this section but which does not mam1est
18 itself within a period of five years commencing with thfJ
19 last date actually worked in the specified capacity,
20 . SEC. 6. Section 3212,6 of the Labor Code is amended' ,
21 to read:
22 3212.6. In the case of a member of a police
23 department of a city or' county, or a member of the
24 sheriffs office of a county, or an inspector or investigator
25 in a district attorney's office of any county,when any such.' . '
26 member is employed upon a regular, full-time salary,
27 whose principal duties consist of active law enforcement.
28 .service, excepting those whose principal duties are
29 . derical or otherwise do not clearly fall within the scope
30 of active law enforcement service such as stenographcrs,
31 telephone operators, and other officeworkers, the t~nn .
32 "injury" includes tuberculosis which develops or
33 manifests itself during a period while such member is in
34 the service of such department or office, The
35 compensation which is awarded for such tuberculosis
36 shall include full hospital, surgical, medical treatment,
37 disability indemnity, and death benefits as provided hy
38 the provisions of this division.
39 Such tuberculosis so developing or manifesting itself
40 shall be presumed to arise out of and in the course of the
,.r',
2 839 110 46
to'
, ,
:'. ':., "....'
. .' .'.
.... '},'.' ' ,"
j ., r.~ t. ....~.:
oj, I.i" '. I. ~
..
; .~
'"
" . .~
,\ ,. "'./ii'
~'.' N"
.,
,
SB 839
-8--
1 employment, This presumption is disputable and may be
2 controverted by other' evidence, but unless so
'3 controverted, the appeals board is bound to find in,
4 ' accordance with it. '.. . ' ,
,5 The term 'iiJjury" as used in this section, and the
6 presumption that such tuberculosis arises out of and in,
7 the course of employment, shall not apply to an "injury", '
8 which develops during a period of service described in
9 this section but which does not manifest itself within a
10 period of five years commencing, with the last date
. 11 actually worked in the specified c'apacity. .
12 SEC, 7. Section 3212,7 of the Labor Code is amended,
13 to read: ,
14 3212.7,' In the case of an employee in the Department
15 of Justice falling within the "state safety" class, when any
16 such individual is employed under civil service upon a
17 regular, full-time salary, the term "injury," as used in this
18 division, includes heart trouble eT , hernia eT,'
'19 pneumonia, or tuberculosis which develops or manifests
20 itself during the period while such individual is in the,
,21 service of the Department of Justice. The compensation
22 which is awarded for any such injury shall include full "
23 hospital, surgical, medical treatment, disability
24 indemnity, and death benefits as provided by the
25 provisions of this division. .
.26 Such heart trouble, hernia, pneumonia, or tuberculosis'
27 so developing or manifesting itself shall be presumed to
28 arise out of and in the course of the employment. This.
29 presumption is disputable and may be 'controverted by
30 other evidence but unless so controverted, the appeals
31 board is bound to find in accordance with it.' ,
32 Such heart trouble, hernia, pneumonia, or tuberculosis
33 developing or manifesting itself in such cases shall in no
34 case be attributed to any disease existing' prior to such
35 development or manifestation, ,
, 36, The term 'i'n}ury" as used in this' section, and the
,37 presumption such heart trouble, hernia, pneumonia, or
38 tuberculosis arises out of any in the course of
39 employment, shall not apply to an "injury" which
40 develops during a period of service described in this
2 839 125 49
, \.
" ,
....,;; ,
.~
~
,r')
.
".., .
~
r'l
r,'
1
2
3
4
5
,,.....--..,\ 6
7
8
9
10
11
'12
1 13
14
15
16
17
j 18
n\ 19
., 20
21
22
23
24
,25
26
27
28
29
30
31
32
,r-, 33
34
<9- 35
36
~ 37
38
r. , 39
40
-,
/ ,
-9-
SB 839
section but which does not manifest itselfwithil1a period. " '
of five years commencing with the last date actually'
worked in the specified capacity, '
SEC. 8, Section 3213 of the Labor Code is amended to
, ' I '.
read:
, 3213, In the case of a member of the University of
California Police Department who has graduated from an
academy certified by the Commission on Peace Officer .
Standards and Training, when he and all members of the
campus department of which he is a member have
graduated from such an academy, and when any such'
member is employed upon a regular, full-time salary, the
term "injury" as used in this division includes heart
trouble and 'pneumonia which develops or manifests
itself during a period while such member is in the service
of such campus department of the University of
California Police DepartD;lent. The compensation which
is awarded for such heart trouble or pneumonia shall
include full hospital, surgical, medical treatment,
disability indemnity, and death benefits as provided by ,
the provisions of this division,
Such heart trouble or pneumonia so developing or
manifesting itself shall be presumed to arise out of and in
the course of the employment; provided, however, that
'the member of the University of California police
Department shall have served five years or more in such
capacity before the presumption shall arise as to the
compensability of heart trouble so developing or
manifesting itself. This presumption is disputable and
may be controverted by other evidence, but unless so
controverted, the appeals board is, bound to' find in
accordance with it.
Such heart trouble or pneumonia so developing or
manifesting itself in such cases shall in no' case be
attributed to any disease .e~isting prior to such
development or manifestation, .,-
As used in this:section:
(a) "Members" shall be limited to those employees of
the University of California police Department who are ·
defined as peace officers in Section 830,2 of the Penal
2 839 135 51
-.--:..~--:;..:.-:..
"..J. l,
SB 839
-10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Code, .
(b) "Campus" shall include any campus or other
inst~llation maintained under the jurisdiction' of the .
Regents of the University of California,
(c) "Campus department" means all members of the.
University of California Police Department );Vho. .are
assigned and serve on a particular campus, .. '
The term "injury" as used in this section, and the
presumption that such heart trouble or pneumonia arises
out of and in the course of employment shall not apply to
an "injury" which develops during a period of service
described in this section but which does not manifest
itself within a period of five years commencing with the
last date actually worked in the specified capacity,
SEe. 9, No appropriation is made by this act, nor is
any obligation created thereby under Section 2231 of the
Revenue and Taxation Code, for the reimbursement of
any local agency because there are savings as well as costs
in this act which in the aggregate do not result in
significant identifiable costs changes.
o
2 8.'39 140 52
.~
:/')
.
'"
,~
,.
...
'.
'';''
~
f)
BILL ANALYSIS
Senate Bill 839
Author: Senator Howard Way, Exeter, Tulare County, California
INTRODUCTION:
This bill, introduced April 10, 1975, is identical to the final amended version of 5;B.2046, Marler,
which was co-sponsored by the League of California Cities and the County Supervisors Association
last year. S,B.2046 cleared the Senate but failed to win approval on the floor of the Assembly,
BI LL SUMMARY:
Amends Labor Code Section 3212, 3212.2, 3212.3,3212.4,3212.5,3212,6,3212.7 and 3213
to correct 1972 decision of the California Court of Appeals, Soby vs. WCAB 26 C.A. 3d 555.
These sections provide a presumption of industrial causation for heart trouble, hernia,
pneumonia, or tuberculosis which develops or ma.nifests itself during a perio'd while
a specified member is in the service of a specified State or local government entity -
essentially those in active law enforcement and active firefighting roles. This bill
would limit presumptions to specified conditions which develop or manifest during
the period of service except the presumptions shall be extended for a period of five
years from the last date actually worked.
ANAL YSIS:
In Soby, for the first time since enactment of Labor Code Section 3212 in 1935, the court held
the language of the statute to mean that heart trouble could develop during employment but
not manifest itself until after termination of employment. The phrase at issue was "develop
or manifest" during a period while such member is in the service of the office, staff, division,
etc, The court held that Soby , a City fireman retired for 15 months, had developed arterio-
sclerosis during his employment which manifested itself in heart trouble approximately
15 months after retirement. From a legal point of view, this decision has the effect of equating
the development of arter,iosclerosis with heart trouble.
Since Soby, numerous applications for benefits have been filed by persons who were employed
in the specified occupation, and had either terminated or retired. One such case, involving a
retired officer who had last worked for the California Highway Patrol 8-1/2 years prior to a
heart attack, was held industrial by the WCAB "solely based upon Labor Code Section 3212
as explained in Soby vs. WCAB"; the District Court of Appeal and the Supreme Court denied
a petition for review. I n another case, currently under litigation, benefits are being claimed
by the widow of a police officer who suffered a fatal heart attack 30 years after terminating
his employment with a city.
The Soby decision is now the cited precedent for holding the taxpayers of the State and
local communities fiscally responsible, as respects retired or terminated public police and
firemen, for the effect of a degenerative process that is common to all humans whether
fireman, policeman, salesman, or housekeeper; .cash indemnity being in addition to
retirement benefits. .
.
1_L-
.
.
",,;t' ....r,("\
.-. I \l.-. __ I ...J I .:)
A 1-100
AGRICULTURE AND SERVICES AGENCY
I;:iJJ3'nUAL. RELA'.i'IOnS"--rAUTHOR BI LL NUt"mER
~ SENATOR MARLER S.B. 2046
LEl\GUE OF CALIFORNIA CI'l'IES 1\:m RELATED BILLS DATE LAST Al-IENDED
COU~';TY SUPERVISORS ASSOCIl\'l'ION )\. B. 2119 Or ig inal
)1 LL SU~...~ :'/iARY :
,)i,int~C:NT
'\J:J50,~ED BY
J'\mends Labor Code Section 3212, 3212.2, 3212.3, 3212.4, 3212.5, 3212.6,
3212.7, and 3213 to correct 1972 decision of the California Court of
Appeals, Soby vs. WCAB 26 C.~.3d 555. These sections provide a
presumption of industrial causation for heart trouble, hernia, pneumonia,
.and tuberculosis which develops or manifests during a period while such
mer.1Der is in the service for speCIfied members of State and local
govcrnment-~esscntially those in active law enforcement and active
firefighting roles. This bill would limit presumptions to specified
conditions which develop and manifest during the period of service except,
for. those members official-ly retired, the presumption shall be extended
for a period of one year from the last date actually worked in the
specified capacity.
l\NI\.LYSIS: '
In Soby, for the first time since enactm~nt of Labor Code Section 3212 in
1935, the court held the language of the statute to mean that heart tro~ble
could develop during employment but not manifest itself until after
termination of en:ployment. The phrase at issue "las "develop or manifest"
during a pe:::-iod while s.uch member is in the service of the office, staff,
division, e..:c. The cour"c held that Soby, a City fireman retired for
15 ,~onths, had develoncd arteriosclerosis during his employment which
m&nifested itself in heart trouble approximately 15 months after retirement.
Prom a legal point of view, this decision has the effect of equating the
development of arteriosclerosis with heart trouble.
Since Soby, numerous applications for benefits have been filed ~y persons
who were employed in the specified occupation, and had either terminated
or retired. One such case, involving a rettred officer who had last
worked for the California IIighway Patrol 8-1/2 years prior to a heart
att.C1ck, \"as held industrial by the \'JCAB "solely bC1sed upon Labor Code
Section 3212 as expl~ined in Soby vs. WCAB"; the District Court of Appeal
and the Supreme Court denied a petition for review.
~~e Soby decision is now the cited precedent for holding the taxpayel~s of
tIle State nnd local communities fiscally responsible, as respects retired
Or terminated public police and firemen, for the effect of a degenerative
process thnt is common to all humans whether fireman, policeman, salesman,
or housekeeper; cash indemnity be,ing in adei tion to retirement benef its.
S.B. 1892 restores the interpretation of the presumption as it existed
p:c ior to Soby. vIe feel this bill should be supported.
STATE-~,~M'mATED LOCf-lL PROGRAM
YES 0
No[1J
$
i Ol"i::i::::li,L ];'l():::I':2IOjj:
,
1 np'~r I~~l"T "C ~,...
i f? '~/ 'ii.) ,LL'
I , \. r~, ,O..-6/.LcV1
: ()[Pt.r'<YM~NT 01 H[CTO,~
SUPPORT
DATE
5-6-74
G~~~~~.!':.!:...l..~E
fPositlO,\ I~j\cd ~
fPcsltion cp.)ro'.'cJ
C=~
f750:,.:'ji:;\1 di:>cP.J"'~
-DATE AGENCY SECRETARY
DATE
f. ^ T r :
\
....~' '~.(~.'~
RESOLUTION NO. 74-80 N.C.
BE IT RESOLVED, by the Council of the City of Vallejo, as follows:
WHEREAS, the "Soby Decision" has placed an onerous burden
on the Cities and Counties of the State of California, in most
cases through the State Compensation Fund, to the extent that
large sums of money are required for potential post retirement
Workmen's Compeniation heart attack cases for policemen and
firemen; and
t'1HEREAS" the .City of Vallejo believes that the original
intent of the presumptive clause of Labor Code Section 3212
did not call for the granting of workmen's compensation benefits
for heart attack cases occurring after retirement or termination;
and
WHEREAS, AB 2119 (Hayden) would reverse the effect of the
"Soby Decision"; now therefore,
BE IT RESOLVED that the Council of the City of Vallejo
,
supports AB 2119 and
BE IT FURTHER RESOLVED that copies of this resolution be sent
to Senate Committee on Public Employment and Retirement and to the
State Compensation Insurance Fund and
BE IT FURTHER RESOLVED that a night letter expressing Council's
support of this bill be sent to,the aforementioned Senate Committee.
ADOPTED by the'Council of the City of Vallejo. at a reb~lar meeting
held FcbnlClry 4, 197/-1-. by the follmving vote:
AY~S: Co:mcilmen Aser8, Derrnzzi, Cunningham, Curtola, Douglns,
Dubnoff and Sibley
I':or~s: l'Jone
ABSEnT: 1<lone
FLORil'ICE E. D00Gu\.8,
H~YuR
Cl'l'Y CLl~l~L~
RESOLUTION NO.
BE IT RESOLVED, by the Council of the City of
. as follows:
WHEREAS, the "Soby Decision" has placed an onerous burden on the Cities
and Counties of the State of California to the extent that large sums of money are
required for potential post retirement workers' compensation heart attack cases for
policemen and firemen; and
WHEREAS, the City of believes that the original intent
of the presumptive clause of Labor Code Section 3212 did not call for the granting
of workers' compensation benefits for heart attack cases occurring after retirement
or termination; and
WHEREAS, S.B.839 (Way) would reverse the effect of the "Soby Decision";
now therefore,
BE IT RESOLVED that the Council of the City of
supports S.B.839 and
BE IT FURTHER RESOLVED that copies of this resolution be sent to
Senator Howard Way, to the Senator and Assemblyman representing our districts,
and to the League of Cal ifornia Cities,
ADOPTED by the Council of the City of
held by the following vote:
at a regular meeting
AYES:
NOES:
AB~ENT :
MAYOR
CITY CLERK
CI'l'Y OF CAI,IFORNIA
City Manager
M:ly 1, 1975
Senator John, Smith
1200 Fifth Street
City of California, CA93505
SUBJEcr:, SB 839, Presumptive
Heart Trouble Claims
for retired police and
fire personnel.
D2ar Senator Smith:
We urge your support for this bill. v..~e believe that five years after
retirerrent is arrple tirre for the manifestation of heart trouble to be
covered on the presumption that it developed while the affected person
was employed vli th the city.
It seems obvious that given a long enough period of tirre many persons
will eventually have some heart trouble simply due to the aging process.
'ill preSt1Jl)2 that for a special class of city employees such physical
degeneration is attributable to a work experience of many years past
is unreasonable.
SB 839 will correct the prolonged presumption interpreted into our
workers'. compensation laws by a 1972 court decision, and thereby
rerrove an unfair cost to our already overburdened taxpayers.
'Ihank you for your consideration in this irrportant matter.
Sincerely,
City Hanager
cc - League of California Cities
CITY OF CALIFORNIA
Office of
City Manager
May I, 1975
Senator John Smith
1200 Fifth Street
City of Califomia, CA 93505
SUBJECI': SB 839, Presumptive
Heart Trouble Claims
for retired J?Olice and
fire personnel.
Dear Senator Smith:
We urge your supJ?Ort for Senate bill 839 introduced on April 10, 1975 by
Senator HCMardWay of Exeter, Tulare County. '
Existing law provides that certain specified "injuries", such as heart
trouble, suffered by specified public errployees are presumed to arise
, out of and in the course of errployrrent. We agree with Senator Hay that
the presumption that such "injuries" arise out of and in the course of
errployrrent should not apply to an "injury" which does not manifest itself
within a period of 5 years from the last date actually worked.
'!he presumption of industrially caused heart trouble for J?Olice and fire
personnel comrrenced in 1935, and was interpreted for rrore than 35 years
to nean "heart trouble which becorres symptomatic while in the service...".
'!his interpretation was overturned in 1972 at the Appellate Court level
in Soby (retired) vs WCAB 26 C. A. 3d 555.
As a result of the Soby decision numerous additional claims have since been
filed against public agencies. In one award, based soley on Soby, an ex-J?Olice
officer had worked as a private investigator during the t:irre interval between
his work as a J?Olice officer and the manifestation of heart trouble. Another
case is currently pending in the courts relating to an officer who sustained
a heart attack 30 years after termination of public errployrrent.
We do not believe the Califomia Legislature ever intended such a distortion
in the application of this special benefit. It seems obvious that given a
long enough period of t:irre rrost people would eventually have some heart
trouble simply,due to the aging process. 'Ib presume that such physical
degeneration is attributable to a work experience of many years past is
unreasonable. '
Senator John Smith
- Page 2 -
May I, 1975
MJst public agencies have established generous retirerrent programs for their
police and fire personnel. The Soby decision has in effect added indemnity
and lifetirre health care coverage for heart trouble that may be suffered by
these personnel during their retirerrent years. '!he cost of providing such
post retirerrent workers' compensation benefits on top of existing retirerrent
benefits is grossly unfair to our already over-burdened ta"l:payers.
In order to correct this inequity we request your pJsi ti ve sUPpJrt for Senate
Bill 839.
Sincerely,
Ci ty Manager
, cc - League of California Cities
.
~ _L_
. .
Infonnation
Contact:
NEWS RELEASE
SPECIAL 'IO:
FOR IMMEDIATE RELEASE
City Council passed a resolution supporting a
The
State Senate bill that is designed to reduce the effects of a 1972 court
decision regarding retired police and fire personnel.
'Ihe state' 5 workers t conpensation la\vs, recognizing that the work of police
and fire personnel is stressful, provide that heart trouble sustained by
such personnel is "presumed" to be job connected. MY workers' COrrp2IlSation
benefi ts paid as a result of such heart trouble are in addition to other
substantial incorre benefits provided for these personnel (or their dependents)
under special retirerrent provisions.
For over 35 years this special "presumptive" was interpreted to only include
"heart trouble which becomessymptcmatic while (the employee is) in the
service" of a public agency. That was until a 1.972 Appellate Court decision
found in favor of a city fireman whose heart attack occurred 15 Ironths after
he left work with the city.
Since this court case there have been a n1.lITber of claims made by police and
fire personnel for heart trouble sustained a considerable n1.lITber of years
after their retirerrent. In a recent case a claim was filed regarding a
fX)lice officer who sustained a heart attack 30 years after retirerrent.
...
~
.
-
NEWS RELEASE
- 2 -
Since the cost of these additional claims must eventually be borne by the
cities in California through higher insurance premiums, there is, an
. ultimate cost impact upon the taxpayer .
Supporters of Senate Bill 839 feel that a credible limit should be placed
upon the presumption that heart trouble suffered by police and fire personnel
is job-connected. Passage of this legislation would lirni t this presumption
to a period of five years follcwing termination of active public service.