California A.B. 419 – To Governor 9/17/2008. An act to amend Section 4850 of the Labor Code, relating to workers' compensation. This bill would, for purposes of these provisions, require that these employees be employed on a regular, or full-time basis, but would eliminate the requirement that these employees be members of the Public Employees' Retirement System or the Los Angeles City Employees' Retirement System or subject to the County Employees Retirement Law of 1937. The bill would also include local park rangers, community college police, and police of a school district among the public employees entitled to the above-described leave of absence. The bill would provide that the provisions pertaining to a leave of absence shall not apply to certain public safety personnel who are employees of the City and County of San Francisco . Lexis.com subscribers can access the bill here.

California A.B. 507 – To Governor 9/17/2008. An act to add Section 11752.75 to the Insurance Code, relating to workers' compensation. This bill would provide that a licensed rating organization shall, pursuant to regulations adopted by the Insurance Commissioner after notice and hearing, establish and maintain an Internet Web site for the purposes of assisting any person to determine whether an employer is insured for workers' compensation. This bill would specify who may submit an inquiry and for what purpose, what information shall be available on the Internet Web site, and would provide that a rating organization would not be required to disclose, on the Internet Web site, certain specified information or confidential information, as specified. The bill would provide that the Internet Web site shall be accessible for inquiries without charge, but the commissioner may at his or her discretion, permit the rating organization to impose access restrictions as necessary to deter the use of the Internet Web site for purposes other than which it was intended. This bill would provide that the Internet Web site contain specified information, or a hypertext link to the Department of Industrial Relations' Web site, for the purpose of locating employers who may be self-insured. This bill would require that the Internet Web site be operational 180 days after adoption of regulations by the commissioner, and be updated as specified. This bill would require the commissioner to adopt regulations to implement this act and provide for dispute resolution regarding the accuracy of the information displayed on the Internet Web site. This bill would provide civil immunity, as specified, to rating organizations, and specified persons acting within their capacity as members of the organization, or employees acting within the scope of their employment, who release information. This bill would provide that it shall not be construed to create liability, as specified, or construed to limit the authority of a rating organization to disclose information contained in its records to others. Lexis.com subscribers can access the bill here.

California A.B. 1874 – To Governor 9/17/2008. An act to amend Section 20300 of the Government Code, and to amend Section 11770 of the Insurance Code, relating to workers' compensation insurance. This bill would provide that the Board of Directors of the State Compensation Insurance Fund is composed of 11 members, 9 of whom shall be appointed by the Governor. The members appointed by the Governor would include one from organized labor and the others would be required to have substantial experience in various positions, as specified. The Governor would appoint the chairperson. The Speaker of the Assembly would appoint one member who would represent organized labor, and the Senate Committee on Rules would appoint one member who shall have been a policyholder of the State Compensation Insurance Fund or an officer or employee of a policyholder, as specified. This bill would provide for the terms of office of board members, as specified. The Director of Industrial Relations would be an ex officio, nonvoting member of the board. For further details about this bill, see A.B. 1874. Lexis.com subscribers can access the bill here.

California A.B. 2103 – To Governor 9/17/2008. An act to amend Section 19605.75 of the Business and Professions Code, relating to horse racing. Existing law, operative until January 1, 2009, provides that every thoroughbred association and fair that conducts a racing meet shall deduct a percentage of the total amount handled in exotic parimutuel pools of thoroughbred races, which shall be distributed to a thoroughbred racing association to defray costs of workers' compensation insurance in connection with thoroughbred horses that race in this state, as specified. Existing law provides that any funds that are not used to defray the cost of workers' compensation insurance shall either be carried forward to the subsequent year or used to reimburse racing associations for safety-related expenditures, as specified. This bill would extend the operation of these provisions until January 1, 2014. The bill would also make conforming and technical, nonsubstantive changes. Lexis.com subscribers can access the bill here.

California A.B. 2181 – To Governor 9/17/2008. An act to amend Sections 6409.1 and 6410 of the Labor Code, relating to workers' compensation. Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires an employer to file a complete report of every occupational injury or occupational illness, as defined, to each employee that results in lost time beyond the date of the injury or illness, or that requires medical treatment beyond first aid, with the department, through its Division of Labor Statistics and Research or, if an insured employer, with the insurer, on a form prescribed for that purpose by the Division of Labor Statistics and Research. This bill would, instead, require an insured employer to file the report with the insurer on a form prescribed by the Administrative Director of the Division of Workers' Compensation. This bill would require a self-insured employer, the state, or the insurer of an insured employer to file the report in an electronic form prescribed for that purpose by the administrative director. The bill would provide that these changes shall become effective upon the effective date of regulations adopted by the administrative director to implement these changes, subject to specified conditions. Lexis.com subscribers can access the bill here.

California A.B. 2654 – To Governor 9/16/2008. An act to amend Sections 50260 and 54701.12 of the Government Code, to amend Sections 679.71, 679.72, 699.5, 10141, 11628, and 12095 of the Insurance Code, to amend Section 4600.6 of the Labor Code, and to amend Sections 103 and 14200.1 of the Welfare and Institutions Code, relating to discrimination. Existing law prohibits any workers' compensation insurer, 3rd-party administrator, or other entity seeking certification as a health care organization from taking specified actions regarding contracts because of the race, color, national origin, ancestry, religion, sex, marital status, sexual orientation, or age of any contracting party, prospective contracting party, or person reasonably expected to benefit from that contract as an employee or otherwise. This bill would add disability and medical condition to those characteristics. To read the other changes this bill would create, see A.B. 2654. Lexis.com subscribers can access the bill here.

California A.B. 2969 – To Governor 9/17/2008. An act to amend Section 4610 of the Labor Code, relating to workers' compensation. Existing law establishes a workers' compensation system to compensate an employee for injuries sustained in the course of his or her employment, and requires an employer to pay for all reasonable costs of medical services necessary to care for or relieve work-related injuries. Existing law requires every employer to establish a medical treatment utilization review process, in compliance with specified requirements, either directly or through its insurer or an entity with which the employer or insurer contracts for these services. Existing law provides that no person other than a licensed physician who is competent to evaluate the specific clinical issues involved in the medical treatment services, and where these services are within the scope of the physician's practice, requested by the physician may modify, delay, or deny requests for authorization of medical treatment for reasons of medical necessity to cure and relieve. This bill would require that any licensed physician who is conducting such an evaluation be licensed in California . This bill would incorporate additional changes in Section 4610 of the Labor Code proposed by AB 2081, that would become operative only if SB 2081 and this bill are both chaptered and become effective on or before January 1, 2009, and this bill is chaptered last. Lexis.com subscribers can access the bill here.

Nevada B.D.R. 590 – New Bill Filed 9/15/2008. Makes various changes to workers' compensation and industrial insurance. Lexis.com subscribers can access the bill here.

New York S.B. 6260 – To Governor 9/15/2008. An Act to amend the executive law and the workers' compensation law, in relation to workers' compensation benefits secured by the New York Black Car Operators' Injury Compensation Fund, Inc. Lexis.com subscribers can access the bill here.

New York S.B. 7849 – To Governor 9/15/2008. An Act to amend the labor law, in relation to requiring employers to provide employees who have been injured on the job information pertaining to workers' compensation. Lexis.com subscribers can access the bill here.