Although your humble author is an admitted cynic, as a compensable consequence of California Workers’ Compensation Defense practice, he is always happy to report a victory for employers (read: California’s survival).
Assembly Bill 375, introduced by Assemblywoman Nancy Skinner (D – 14th District), was voted down in the senate last Friday (September 9, 2011).
AB 375 would have created yet another presumption, this time for hospital workers. If enacted, infection of certain bloodborne diseases would have been presumed compensable, even if the injury arises 180 days after the last day of work.
Admittedly, this is a limited victory. It lightens no load for employers while merely checking one of the many encroachments against the employer survival rate. However, a victory is a victory and even a cynic can be happy about that.
That bill appears to have taken things a bit too far. Presumptions are useful but not this one.
I guess finding a balance between worker compensation for injuries and the cost of managing a worker compensation program is tough.
That’s true – the 180 day aspect to the bill is scary too. If you’re a nurse, you’re likely to leave one nurse job to go to another nurse job. Now your old employer is on the hook for what happens to you at the new employer’s place for 6 months.