HomeMy WebLinkAboutSB 416_20192307_LTRToCunningham
23 July 2019
The Honorable Jordan Cunningham
California State Assembly
State Capitol, Room 4102
Sacramento, CA
RE: SB 416 (Hueso)- Employment: Workers’ Compensation.
Letter of Opposition
Dear Assembly Member Cunningham,
The City of San Luis Obispo respectfully opposes SB 416, which would expand retroactively the
class of employees entitled to presumptions applicable to certain active law enforcement
personnel that certain medical conditions are work-related. Existing law establishes a workers’
compensation system to compensate employees for injuries sustained arising out of and in the
course of their employment. Existing law designates illnesses and conditions that are presumed
to constitute a compensable injury for various employees, such as California Highway Patrol
members, firefighters, and certain peace officers. These injuries include, but are not limited to,
hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to biochemical substances,
when the illness or condition develops or manifests itself during a period when the officer or
employee is in service of the employer, as specified.
SB 416 would vastly increase the number of employees that are eligible to receive coverage for
the compensable injuries mentioned above. This massive expansion of the class of employees
entitled to coverage presumptions will result in employees who face no more risk factors than
other workers, receiving the benefit of the same presumptions provided to active police officers
and firefighters and will dramatically increase the costs placed upon public entities to disprove
such presumptions.
Many public agencies are self-insured for workers' compensation claims. Payments are treated
in a pay-as-you-go manner. Therefore, any increase in costs has a direct impact on the same local
funds that are utilized to provide services to our residents. We believe that the current benefits
available to this class of employees represents the appropriate balance between providing fair
treatment and rehabilitation benefits to injured workers and maintaining a stable fiscal situation
and reasonable burdens of proof for local governments — the additional, unnecessary expansion
of benefits in SB 416 will lead to unprecedented and unpredictable costs to public agencies and
disparities the system-wide application of presumptions that has no basis in fact or f airness.
For these reasons, the City of San Luis Obispo opposes your Senate Bill 416.
Sincerely,
Heidi Harmon
Mayor
City of San Luis Obispo