Article 1. General Provisions of California Labor Code >> Division 4. >> Part 1. >> Chapter 11. >> Article 1.
It is the declared policy of the state that qualified injured
workers with asbestosis which arises out of and occurs in the course
of employment shall receive workers' compensation asbestos workers'
benefits promptly and not be subjected to delays of litigation to
determine the responsible employer.
(a) "Asbestosis" means any pathology, whether or not combined
with preexisting pathology, which results in disability or need for
medical treatment from inhalation of asbestos fibers.
(b) "Asbestos worker" means any person whose occupation subjected
him or her to an exposure to asbestos fibers.
(c) "Asbestos workers' benefits" means temporary total disability
benefits, permanent total disability benefits, death benefits, and
(d) "Dependents" means, and is limited to, a surviving spouse who
at the time of injury was dependent on the deceased asbestos worker
for half or more of his or her support, and minor children of the
deceased asbestos worker.
The Asbestos Workers' Account is hereby created in the
Uninsured Employers Fund in the State Treasury, and shall be
administered by the Director of Industrial Relations. The money in
the Asbestos Workers' Account is hereby continuously appropriated for
the purposes of this chapter, and to pay the expenses of the
director in administering these provisions.
Insofar as not inconsistent with the provisions of this
chapter, all of the provisions of this division shall pertain to
asbestos workers and their dependents for purposes of furnishing
workers' compensation asbestos workers' benefits thereto.
Where the conditions of compensation exist under this
division the right to recover workers' compensation asbestos workers'
benefits pursuant to the provisions of this chapter is a temporary
remedy for injury to an asbestos worker against the Asbestos Workers'
Account, and such asbestos worker or his or her dependents shall
make all reasonable effort to establish the identity of the employer
responsible for securing the payment of compensation.
(a) Payments as advances on workers' compensation asbestos
workers' benefits shall be furnished an asbestos worker for injury
resulting in asbestosis, or the dependents of the asbestos worker in
the case of his or her death due to asbestosis, subject to the
provisions of this division, if all of the following conditions
(1) The asbestos worker demonstrates to the account that at the
time of exposure, the asbestos worker was performing services and was
acting within the scope of his or her duties in an occupation that
subjected the asbestos worker to the exposure to asbestos.
(2) The asbestos worker demonstrates to the account that he or she
is suffering from asbestosis.
(3) The asbestos worker demonstrates to the account that he or she
developed asbestosis from the employment.
(4) The asbestos worker is entitled to compensation for asbestosis
as otherwise provided for in this division.
(b) The findings of the account with regard to the conditions in
subdivision (a) shall not be evidence in any other proceeding.
(c) The account shall require the asbestos worker to submit to an
independent medical examination unless the information and assistance
officer, in consultation with the medical director or his or her
designee, determines that there exists adequate medical evidence that
the worker developed asbestosis from the employment.