Bill would double benefit duration for first responders’ presumptive cancer claims

Temporary disability benefits for first responders suffering from cancer would be extended to 240 weeks from 120 weeks, under legislation introduced in California on Wednesday.

S.B. 1127 would establish a penalty of up to $100,000 when liability for injuries presumed compensable for first responders are unreasonably rejected, and it would shorten the time employers have to reject liability for a claim before the injury is presumed compensable.

The measure would also roll back the clock on TD benefit duration for first responders with cancer. Prior to the 2003 reforms in S.B. 899, all injured workers were eligible for up to 240 weeks of benefits within a five-year period. That bill shortened that to 120 weeks of benefits within a five-year period.

The bill would also add a new penalty for unreasonably rejecting claims covered in Labor Code Sections 3212 through 3213.2 — statutes creating presumptions for first responders with conditions including heart trouble, hernias, lower back injuries and post-traumatic stress disorder — of five times the amount of benefits unreasonably delayed, up to $100,000. The question of reasonableness would be determined by the Workers’ Compensation Appeals Board.

Finally, the measure would reduce the time that employers have to determine liability for a claim by at least 30 days. Employers currently have to deny a claim within 90 days, or the claim is presumed compensable and the presumption can be rebutted only with evidence discovered outside the 90-day period.

S.B. 1127 would shorten that to 60 days for most injuries. It would shorten the deadline to 30 days for claims from first responders for injuries that are presumed to be compensable.

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