10 • THE CALIFORNIA FIRE SERVICE MAGAZINE • JANUARY/FEBRUARY 2024 new year always ushers in new legislation, and this year is no exception. 2024 brings us additional workers’ compensation benefits for firefighters and their families, and also brings a benefit to an end. 1. The PTSD presumption, codified in Labor Code §3212.15, has been extended to January 1, 2029 by SB 623. Originally, the PTSD presumption was to expire on January 1, 2025. As originally enacted the PTSD presumption included all active firefighting members, whether partly paid, fully paid, or volunteers, of the following fire departments: • A city, county, city and county, A What’s new in workers’ compensation law for 2024 Legal Corner By Linda J. Brown and Karina K. Delzell, Brown & Delzell, LLP who are members of Bargaining Unit 8 and CalPERS, pursuant to Labor Code §4707. Prior to the expansion, if the family received the CalPERS special death benefit, they could not also receive workers’ compensation benefits if the special death benefit was greater than the workers’ compensation benefit. The family was also limited to $1,000 for burial expenses. In contrast, families of local safety members and CHP officers have been entitled to up to $10,000 for burial expenses, and both the CalPERS special death benefit and workers’ compensation benefits, regardless of or district; • University of California and the California State University; • Department of Forestry and Fire Protection; • A county forestry or firefighting department. SB 623 also expands the PTSD presumption to include firefighters for the Department of State Hospitals, the State Department of Developmental Services, the Military Department, and the Department of Veterans Affairs. 2. AB 621 expands death benefits for families of firefighters employed by the Department of Forestry and Fire Protection
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