Closing the California Workers’ Compensation Loophole: AB 1309 Awaits Governor’s Signature

In a previous article (“Stemming the California Workers’ Compensation ‘Gold Rush’: AB 1309”) we previously covered the California’s legislature’s attempt to crack down on “cumulative trauma” type injuries being filed by former sports players who have spent the majority of their careers playing for non-California based teams or who have played a handful of games in California for other teams.  Supporters of the bill have maintained that it will curtail attempts by athletes with little or no connection to the state of California to file costly claims, while critics assert that the bill will unfairly take away an injured player’s right to bring a claim, that players pay California state taxes away games, and the bill may have wider-ranging impacts on claims not involving professional athletes.

As of September 9, 2013, AB 1309 has passed the California Senate by a vote of 34-2 and has passed Assembly by a vote of 66-3.  The most recent version of the bill prevents players who have spent less than 20 percent of their playing careers in California from filing a “cumulative trauma” type claim.  The bill was presented the Governor Jerry Brown on September 25, 2013 and awaits veto or signature.

To follow the legislative history of AB 1309, click here.

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