California Labor Code 5406.6 – (a) In the case of the death of a health care worker, a worker …
(a) In the case of the death of a health care worker, a worker described in Section 3212, or a worker described in § 830.5 of the Penal Code from an HIV-related disease, the period within which proceedings may be commenced for the collection of benefits provided by Article 4 (commencing with Section 4700) of Chapter 2 of Part 2 is one year from the date of death, providing that one or more of the following events has occurred:
(1) A report of the injury or exposure was made to the employer or to a governmental agency authorized to administer industrial injury claims, within one year of the date of the injury.
Terms Used In California Labor Code 5406.6
- Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
- employer: means :
California Labor Code 3300
- injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
(2) The worker has complied with the notice provisions of this chapter and the claim has not been finally determined to be noncompensable.
(3) The employer provided, or was ordered to provide, workers’ compensation benefits for the injury prior to the date of death.
(b) For the purposes of this section, “health care worker” means an employee who has direct contact, in the course of his or her employment, with blood or other bodily fluids contaminated with blood, or with other bodily fluids identified by the Division of Occupational Safety and Health as capable of transmitting HIV, who is either (1) any person who is an employee of a provider of health care, as defined in § 56.05 of the Civil Code, including, but not limited to, a registered nurse, licensed vocational nurse, certified nurse aide, clinical laboratory technologist, dental hygienist, physician, janitor, or housekeeping worker, or (2) an employee who provides direct patient care.
(Amended by Stats. 2013, Ch. 444, Sec. 21. (SB 138) Effective January 1, 2014.)