Workers’ Compensation

AB 369 (Huffman) – Pending
As Introduced February 15, 2011

AB 369, by Assembly Member Jared Huffman, would authorize the duration of any step therapy or fail first protocol to be determined by the prescribing physician; the bill also prohibits a health care service plan or insurer from requiring a patient to try and fail on more than two pain medications before allowing the patient access to other pain medications prescribed by physician.

AB 369 is currently awaiting assignment to a policy committee.

AB 1155 (Alejo) – Watch
As Introduced February 18, 2011

AB 1155, by Assembly Member Luis Alejo, would prohibit a workers’ compensation claim from being denied because the employee’s injury or death was related to the employee’s race, religious creed, color, national origin, age, gender,marital status, sex, sexual orientation, or genetic characteristics. AB 1155 would also prohibit those immutable characteristics from being considered a cause or factor of disability due to a claimed industrial injury when determining apportionment.

AB 1155 is awaiting assignment to a policy committee.

AB 1168 (Pan) – Pending
As Introduced February 18, 2011

This bill would require, on or before January 1, 2013, the Administrative Director of the Division of Workers’ Compensation to adopt, after public hearings, a fee schedule that establishes reasonable maximum fees paid for services provided by vocational experts. This bill would prohibit a vocational expert from being paid, and prohibit the appeals board from allowing, vocational expert fees in excess of those established in the fee schedule.

AB 1168 is awaiting assignment to a policy committee.

Immigration

AB 26 (Donnelly) – Watch
As Introduced December 6, 2010

AB 26, by Assembly Member Tim Donnelly, would prohibit public officials and agencies from adopting a policy that limits or restricts the enforcement of federal immigration laws or that restricts the sharing of a person’s immigration status. The bill would also require every employer to verify the employment eligibility of employees through the federal E-Verify program in order to be eligible for any economic development incentives.

AB 26 will be heard in the Assembly Judiciary Committee on March 15.

CalPERS Reports 13.4 Percent OPEB Trust Earnings

The California Public Employees’ Retirement System (CalPERS) announced on Monday that their California Employers’ Retiree Benefit Trust (CERBT), the trust fund for prefunding public employee retiree health benefits and other post-employment benefits (OPEB) earned a 13.4 percent return on investment in 2010.

Public employers may prefund their OPEB costs by participating in the CERBT and make periodic contributions into that trust fund. They can then use the investment earnings in the future to pay for retiree health benefits and OPEBs. As of December 31 of last year, 279 public agencies were participating in CERBT, the assets of which are invested in a diversified portfolio which includes domestic and international stocks, bonds and real estate and is managed by CalPERS.