AB 479: Workers’ compensation: permanent disability apportionment.

Existing workers compensation law generally requires employers to secure payment of workers compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. An employer is liable only for the percentage of permanent disability directly caused by the injury arising out of, and occurring in the course of, employment.

Existing law requires apportionment of permanent disability to be based on causation, and a physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury is required to address the issue of causation of the permanent disability. The physician is required to make an apportionment determination by finding the approximate percentage of permanent disability that was caused by the direct result of injury arising out of and occurring in the course of employment, and the approximate percentage of the permanent disability that was caused by other factors both before and subsequent to the industrial injury, including prior industrial injuries. Existing law requires the determination of the percentages of permanent partial or permanent total disability to incorporate specified descriptions and measurements of physical impairments and provides for disability ratings schedules. Existing law also specifically requires the administrative director to adopt at a public hearing regulations concerning procedures to be followed by all physicians in evaluating the existence and extent of permanent impairment and limitations resulting from an injury in a manner consistent with the provisions governing apportionment, as specified.

The bill would require, if an employee sustains an injury arising out of and in the course of employment resulting in breast cancer, specified impairments to be considered, including the presence or absence of the organ, skin disfigurement, and pain, among other things. The bill would also provide that whether the person is of childbearing age shall not be a determining factor when determining impairment due to breast cancer.