SB 788: Workers’ compensation: risk factors.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2021-09-07
Existing law establishes a workers compensation system, administered by the administrative director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law requires a physician who prepares a report addressing the issue of permanent disability due to an industrial injury to address the cause of the permanent disability in the report, including what approximate percentage of the permanent disability was caused by other factors before and after the industrial injury, if the physician is able to make an apportionment determination.
This bill would prohibit consideration of race, religious creed, color, national origin, gender, marital status, sex, sexual identity, or sexual orientation to determine the approximate percentage of the permanent disability caused by other factors. The bill would also express the Legislatures intent to eliminate bias and discrimination in the workers compensation system.
Existing law establishes a workers compensation system, administered by the administrative director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law requires a physician who prepares a report addressing the issue of permanent disability due to an industrial injury to address the cause of the permanent disability in the report, including what approximate percentage of the permanent disability was caused by other factors before and after the industrial injury, if the physician is able to make an apportionment determination.
This bill would prohibit consideration of race, religious creed, color, national origin, age, gender, marital status, sex, sexual identity, sexual orientation, or genetic characteristics or sexual orientation to determine the approximate percentage of the permanent disability caused by other factors. The bill would also express the Legislatures intent to eliminate bias and discrimination in the workers compensation system.
Existing law establishes a workers compensation system, administered by the administrative director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law requires a physician who prepares a report addressing the issue of permanent disability due to an industrial injury to address the cause of the permanent disability in the report, including what approximate percentage of the permanent disability was caused by other factors before and after the industrial injury, if the physician is able to make an apportionment determination.
This bill would prohibit consideration of race, religious creed, color, national origin, age, gender, marital status, sex, sexual identity, sexual orientation, or genetic characteristics to determine the approximate percentage of the permanent disability caused by other factors. The bill would also express the Legislatures intent to eliminate bias and discrimination in the workers compensation system.
It is the intent of the Legislature to eliminate bias and discrimination in the workers compensation system. This act will ensure that risk factors and characteristics of race, religious creed, color, national origin, gender, marital status, sex, sexual identity, or sexual orientation are not used to deny an injured worker a full disability benefit.
SEC. 2.Section 4663 of the Labor Code is amended to read:4663.(a)Apportionment of permanent disability shall be based on causation.
(b)A physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury shall address in that report the issue of causation of the permanent disability.
(c)(1)In order for a physicians report to be considered complete on the issue of permanent disability, the report must include an apportionment determination. A physician shall make an apportionment determination by finding what approximate percentage of the permanent disability was caused by the direct result of injury arising out of and occurring in the course of employment and what approximate percentage of the permanent disability was caused by other factors both before and after the industrial injury, including prior industrial injuries. The approximate percentage of the permanent disability caused by other factors shall not include consideration of race, religious creed, color, national origin, gender, marital status, sex, sexual identity, or sexual orientation.
(2)If the physician is unable to include an apportionment determination in the report, the physician shall state the specific reasons why the physician could not make a determination of the effect of that prior condition on the permanent disability arising from the injury. The physician shall then consult with other physicians or refer the employee to another physician from whom the employee is authorized to seek treatment or evaluation in accordance with this division in order to make the final determination.
(d)An employee who claims an industrial injury shall, upon request, disclose all previous permanent disabilities or physical impairments.
(e)Subdivisions (a), (b), and (c) do not apply to injuries or illnesses covered under Sections 3212, 3212.1, 3212.2, 3212.3, 3212.4, 3212.5, 3212.6, 3212.7, 3212.8, 3212.85, 3212.9, 3212.10, 3212.11, 3212.12, 3213, and 3213.2.
It is the intent of the Legislature to eliminate bias and discrimination in the workers compensation system. This act will ensure that risk factors and characteristics of race, religious creed, color, national origin, age, gender, marital status, sex, sexual identity, sexual orientation, or genetics or sexual orientation are not used to deny an injured worker a full disability benefit.
SEC. 2.Section 4663 of the Labor Code is amended to read:4663.(a)Apportionment of permanent disability shall be based on causation.
(b)A physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury shall address in that report the issue of causation of the permanent disability.
(c)(1)In order for a physicians report to be considered complete on the issue of permanent disability, the report must include an apportionment determination. A physician shall make an apportionment determination by finding what approximate percentage of the permanent disability was caused by the direct result of injury arising out of and occurring in the course of employment and what approximate percentage of the permanent disability was caused by other factors both before and after the industrial injury, including prior industrial injuries. The approximate percentage of the permanent disability caused by other factors shall not include consideration of race, religious creed, color, national origin, age, gender, marital status, sex, sexual identity, sexual orientation, or genetic characteristics. or sexual orientation.
(2)If the physician is unable to include an apportionment determination in the report, the physician shall state the specific reasons why the physician could not make a determination of the effect of that prior condition on the permanent disability arising from the injury. The physician shall then consult with other physicians or refer the employee to another physician from whom the employee is authorized to seek treatment or evaluation in accordance with this division in order to make the final determination.
(d)An employee who claims an industrial injury shall, upon request, disclose all previous permanent disabilities or physical impairments.
(e)Subdivisions (a), (b), and (c) do not apply to injuries or illnesses covered under Sections 3212, 3212.1, 3212.2, 3212.3, 3212.4, 3212.5, 3212.6, 3212.7, 3212.8, 3212.85, 3212.9, 3212.10, 3212.11, 3212.12, 3213, and 3213.2.
It is the intent of the Legislature to eliminate bias and discrimination in the workers compensation system. This act will ensure that risk factors and characteristics of race, religious creed, color, national origin, age, gender, marital status, sex, sexual identity, sexual orientation, or genetics are not used to deny an injured worker a full disability benefit.
SEC. 2.Section 4663 of the Labor Code is amended to read:4663.(a)Apportionment of permanent disability shall be based on causation.
(b)A physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury shall address in that report the issue of causation of the permanent disability.
(c)(1)In order for a physicians report to be considered complete on the issue of permanent disability, the report must include an apportionment determination. A physician shall make an apportionment determination by finding what approximate percentage of the permanent disability was caused by the direct result of injury arising out of and occurring in the course of employment and what approximate percentage of the permanent disability was caused by other factors both before and subsequent to after the industrial injury, including prior industrial injuries. If The approximate percentage of the permanent disability caused by other factors shall not include consideration of race, religious creed, color, national origin, age, gender, marital status, sex, sexual identity, sexual orientation, or genetic characteristics.
(2)If the physician is unable to include an apportionment determination in his or her the report, the physician shall state the specific reasons why the physician could not make a determination of the effect of that prior condition on the permanent disability arising from the injury. The physician shall then consult with other physicians or refer the employee to another physician from whom the employee is authorized to seek treatment or evaluation in accordance with this division in order to make the final determination.
(d)An employee who claims an industrial injury shall, upon request, disclose all previous permanent disabilities or physical impairments.
(e)Subdivisions (a), (b), and (c) do not apply to injuries or illnesses covered under Sections 3212, 3212.1, 3212.2, 3212.3, 3212.4, 3212.5, 3212.6, 3212.7, 3212.8, 3212.85, 3212.9, 3212.10, 3212.11, 3212.12, 3213, and 3213.2.
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Date
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Status
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|---|---|
| Jan 27, 2022 | Stricken from file. |
| Sep 28, 2021 | In Senate. Consideration of Governor's veto pending. |
| Sep 28, 2021 | Vetoed by the Governor. |
| Sep 9, 2021 | Enrolled and presented to the Governor at 1 p.m. |
| Sep 3, 2021 | Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2383.) Ordered to engrossing and enrolling. |
| Jul 1, 2021 | In Senate. Concurrence in Assembly amendments pending. |
| Jul 1, 2021 | Read third time. Passed. (Ayes 77. Noes 0. Page 2211.) Ordered to the Senate. |
| Jun 28, 2021 | Read second time. Ordered to consent calendar. |
| Jun 24, 2021 | From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 24). |
| Jun 17, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on INS. |
| Jun 10, 2021 | Referred to Com. on INS. |
| Jun 2, 2021 | In Assembly. Read first time. Held at Desk. |
| Jun 2, 2021 | Read third time. Passed. (Ayes 37. Noes 0. Page 1381.) Ordered to the Assembly. |
| May 20, 2021 | From committee: Do pass. (Ayes 6. Noes 0. Page 1204.) (May 20). |
| May 14, 2021 | Set for hearing May 20. |
| Apr 20, 2021 | April 19 hearing: Placed on APPR suspense file. |
| Apr 6, 2021 | Set for hearing April 19. |
| Mar 23, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 574.) (March 22). Re-referred to Com. on APPR. |
| Mar 10, 2021 | Set for hearing March 22. |
| Mar 3, 2021 | Referred to Coms. on L., P.E. & R. and APPR. |
| Feb 22, 2021 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 22, 2021 | Read first time. |
| Feb 19, 2021 | Introduced. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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| Sep 3, 2021 | Unfinished Business SB788 Bradford Concurrence | Senate Floor |
Passed |
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| Jul 1, 2021 | SB 788 Bradford Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| Jun 2, 2021 | Senate 3rd Reading SB788 Bradford | Senate Floor |
Passed |
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Bill Author
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