California Bill That Limits Athletes Access To Workers’ Comp Heads To Senate
By James M. Hoffmann
May. 29, 2013 1:33p
A new bill that just passed in the California state Assembly would disallow professional athletes in the state of California who have spent time playing for teams in other states to file for workers' compensation.
The bill asserts that out of state athletes would not be allowed to file for workers' compensation benefits in California for injuries that are cumulative and non-specific. The Assemblyman who originated the bill explains that these claims are burdensome to the worker's comp system and cause insurance costs to be raised. "I agree that professional athletes deserve workers' compensation benefits just like everyone else," he said. "However, there is no reason for an out-of-state athlete to file for benefits in California when benefits are available to them in their principal state of employment."
But current and former athletes expressed opposition to the bill at a recent news conference in Sacramento. The bill applies to athletes who participate in basketball, football, hockey, and soccer, but it also includes minor leagues. The athletes expressed concern that the bill was just an attempt by team owners to save money and limit their liability.
Supporters of the bill believe that athletes should receive workers' comp benefits from their primary state of employment. But currently California is one of nine that have broad worker's comp laws and allow worker's compensation claims for cumulative injuries for out of state players. Employers who have to pay for these injuries are keen on changing this part of the law, however. California law also has more lenient rules about filing for workers' compensation when it comes to when the player learned of the injury and whether or not at the time of retirement players were notified of their compensation rights.
But the new bill would change some of these regulations, requiring that the claim would have to be filed within a year of the injury diagnosis or the last game that the athlete was able to play. When a player retires from another state, they would still be able to file a claim in California if they had spent 80 or more of their career playing for a team in California.
There was overwhelming support for the bill in the Assembly and it passed 57-1. The only Assemblyman who voted against the legislation said that it was his belief that athletes, regardless of where their team is located, if they play in California, should be subject to the same rights of the workers' compensation system that everyone else working in the state are entitled to. His argument was one of equal access. He said, "If these athletes were speeding down our roads, breaking our laws here, they would be subject to California law."
Several labor groups are also in opposition to the bill. This coalition includes the California Labor Coalition and the Labor Federation. They believe that it is not a good idea to limit access to workers' comp benefits for players and that this sets a very dangerous precedent. "At its core, AB1309 only helps professional sports team owners circumvent their responsibility under the law to the health and safety of their employees," the groups said in a statement after the vote.
The bill is now headed to the senate.
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