A California lawmaker has released a proposal to require employers to make liability decisions within 60 days for most claims and instead proposes to only shorten the time to accept or reject a first respondent’s claim for a presumptive injury.
On Monday, Senate President Toni Atkins amended SB 1127 to eliminate language that would have reduced the time that employers must accept responsibility for most claims to 60 days from 90 days. Ms. Atkins also eliminated language that would have reduced the time to accept liability for presumptive claims to 30 days and replaced it with a proposal to require a decision within 75 days, as opposed to the 90 days currently allowed.
The 75-day liability period would cover claims for hernia, heart problems, pneumonia, tuberculosis and all other conditions identified in sections 3212 to 3212.85 of the Labor Code, as well as those in 3212.81 to 3213.2.
Atkins also reduced the proposed penalty for unreasonably denying claims by first responders for conditions believed to be substitutable to $ 50,000 from $ 100,000 in earlier versions of the bill.
The Senate voted 28-9 to approve the bill on May 24. The bill is currently awaiting a hearing in the Assembly Insurance Committee.