Workers' compensation: domestic terrorism.

Existing law establishes a system of workers' compensation in which an employer is required to provide medical treatment and compensation, among other benefits, in the event an employee is injured as a result of their employment. Existing law prescribes the ways in which an employer, except the State, is require to secure compensation for their injured employees. This bill would clarify that an employer is not limited in its ability to insure against an act of domestic terrorism or to provide benefits in excess of those required by existing law following an act of terrorism. Existing law requires the employer to provide medical, surgical, chiropractic, acupuncture, and hospital treatment that is reasonably required to cure or relieve the injured worker from the effects of the injury. Existing law requires every employer to establish a utilization review process, and defines "utilization review" as utilization review or utilization management functions that prospectively, retrospectively, or concurrently review and approve, modify, delay, or deny, based in whole or in part on medical necessity to cure and relieve, treatment recommendations by physicians, prior to, retrospectively, or concurrent with providing medical treatment services. This bill would clarify that when an employer approves a request for medical treatment from a treatment provider, without modification, the employer has completed utilization review under the law. Existing law establishes the Workers' Compensation Appeals Board, which has jurisdiction to adjudicate claims relating to workers' compensation. Existing law creates the Administrative Director of the Division of Workers' Compensation, who has specified powers and duties relating to the workers' compensation trial process. Existing law requires the administrative director to establish a priority calendar for specified issues requiring an expedited hearing, such as entitlement to medical treatment, a medical treatment appointment or medical-legal examination, or entitlement to temporary disability indemnity payments. This bill would require that if a claim for injury resulting from a domestic terror attack is set for expedited hearing on the priority calendar, that claim be heard before any others. Existing law requires that a claim for workers' compensation be made within a year of the date of injury, the payment of indemnity, or the provision of medical treatment, whichever is later. This bill would exempt from that provision claims alleging injury from the December 2, 2015, attack on the Inland Regional Center in the City of San Bernardino, and instead allow claims based on that attack to be filed until January 1, 2025.