Governor Brown signed SB 623, a new workers’ compensation law that will become effective this January.
According to the author, existing regulations were adopted upon the enactment by the voters of Proposition 187 in 1994, and initiative that restricted the rights of undocumented immigrants in a number of ways. Despite the courts’ subsequent invalidation of that initiative, the regulations at issue in the bill have remained on the books. California regulations still prohibit an undocumented worker from receiving benefits from both the UEBTF and the SIBTF, as the regulations have not been updated since 1998. As such, these regulations have been out of compliance with state law since 2003. It is unknown, however, if this has resulted in the loss of any benefits for undocumented injured workers.This bill was intended to expressly overrule those regulations.
The California Applicants’ Attorneys Association (CAAA) and the California Chamber of Commerce strongly supported SB 623, arguing that SB 623 would clarify current law so that no injured worker is refused benefits from the Uninsured Employers Benefit Trust Fund (UEBTF) and the Subsequent Injuries Benefit Trust Fund (SIBTF) based on their immigration status. CAAA argues that it is time for the out-of-date Division of Workers’ Compensation regulations which allowed undocumented workers from being excluded from these benefits. There was no opposition to this bill shown in the legislative record.
The practical effect of this bill is to state unequivocally that the plain reading of the regulations is not the law. This bill declares the intent of the Legislature to override regulations which prevent undocumented workers from accessing benefits from the UEBTF and the SIBTF Thus the bill adds section 3733 to the Labor Code.
Existing federal law provides that a State may provide that an individual who is not lawfully present in the United States is eligible for any State or local public benefit for which such alien would otherwise be ineligible through the enactment of a State law which affirmatively provides for such eligibility. (8 U.S. Code § 1621(d))