HomeMy WebLinkAboutMINUTES - 07141987 - 1.47 TO- BOARD OF SUPERVISORS
FROM: PHIL BATCHELOR, County Administrator Contra
Costa
DATE- July 6 , 1987 County
SUBJECT: LEGISLATION - SB1037 (TORRES)
SPECIFIC ,REQUEST(S) OR RECOMMENDATION(_S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of opposition to SB1037 by Senator Torres which would
delete the sunset date and thereby continue in effect indefinitely
provisions of current law which include within the definition of injury for
workers compensation purposes, for firefighters, cancer which develops or
manifests itself during the period of employment.
BACKGROUND:
The Board of Supervisors received and referred to this office a letter from
Supervisor Dan Terry of Stanislaus County urging the Board of Supervisors
to support SB1037.
Under existing law, in the case of active volunteer or paid firefighters,
an injury under the workers ' compensation law includes cancer which
develops or manifests itself during the period of employment, provided the
firefighter demonstrates exposure during employment to a known carcinogen
which is reasonably linked to the disabling cancer. This provision of law
is due to be repealed on January 1, 1989.
Senator Torres has introduced SB1037 which repeals the January 1 , 1989
sunset date . for this legislation, thereby leaving this presumption in
effect indefinitely. SB1037 passed the full Senate on June 25 , 1987 by a
vote of 22:7, with 21 votes required for passage.
Both the League of California Cities and the County Supervisors Association
of California are opposed to SB1037 as they were opposed to the original
legislation, because of the potential cost of workers ' compensation
payments whenever a firefighter contracts cancer after having been exposed
to a known carcinogen on the job. Exposure to a known carcinogen does not
automatically guarantee that the individual will contract cancer. Nor does
exposure to a known carcinogen preclude other non-job connected exposures
through life style factors such as smoking or exposure through a non-job
connected source.
Other public employees are also exposed to known carcinogens and yet they
do not have the benefit of a presumption that the cancer is job-related.
Many public employees are exposed to other situations which can lead to
job-connected injuries and yet there is no presumption that exposure caused
the disability.CONT1NUED ON ATTACHMENT: _ YES SIGNATURE: &4&W— Z_Iy_a�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): CC��- ��(X /Aam,��
ACTION OF BOARD ON APPROVED AS RECOMMENDED -dK-- OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X_ UNANIMOUS (ABSENT �-�� AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ONTHE DATE SHOWN.
cc: ATTESTED JUL 14 $87
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
. BY ,DEPUTY
M382/7-8 3
vV
We do not believe firefighters should be singled out as a group nor should
the presence of a single illness such as cancer be singled out for
presumption in this way.
We must therefore recommend that the Board go on record in opposition to
SB1037.
cc: County Administrator
Chief, Consolidated Fire District
Director of Personnel
County Counsel
Risk Manager
Jackson/Barish & Associates
Senator Torres
Supervisor Terry