Section 5406.6 Of Chapter 2. Limitations Of Proceedings From California Labor Code >> Division 4. >> Part 4. >> Chapter 2.
5406.6
. (a) In the case of the death of a health care worker, a
worker described in Section 3212, or a worker described in Section
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.
(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 Section 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.