BILL NUMBER: AB 1155AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 9, 2011 AMENDED IN ASSEMBLY APRIL 26, 2011 INTRODUCED BY Assembly Members Alejo, Roger Hernndez, and Lara (Principal coauthor: Assembly Member Charles Calderon) (Coauthors: Assembly Members Allen, Ammiano, Beall, Carter, Cedillo, Dickinson, Eng, Fong, Furutani, Hueso, Ma, Mendoza, Monning, Perea, Skinner, Swanson, and Williams) (Coauthors: Senators Hancock, Leno, Rubio, and Steinberg) FEBRUARY 18, 2011 An act to amend Section 4663 of the Labor Code, relating to workers' compensation. LEGISLATIVE COUNSEL'S DIGEST AB 1155, as amended, Alejo. Workers' compensation. (1) 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 his or her employment. This bill would state the intent of the Legislature to enact legislation that would apply employment discrimination protections to workers' compensation law in order to prohibit the wrongful reduction or denial of workers' compensation benefits. (2) Existing law requires any physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury to address the issue of causation of the permanent disability, and requires that the report include an apportionment determination in order to be considered complete on the issue of permanent disability. This bill would prohibit race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics from being considered a cause or other factor of disability considered in any determination made pursuant to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4663 of the Labor Code is amended to read: 4663. (a) Apportionment of permanent disability shall be based on causation. (b) Any physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury shall in that report address the issue of causation of the permanent disability. (c) In order for a physician's report to be considered complete on the issue of permanent disability, the reportmustshall include an apportionment determination. A physician shall make an apportionment determination by finding what approximate percentage of the permanent disability is 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 is caused by other factors both before and subsequent to the industrial injury, including prior industrial injuries. If the physician is unable to include an apportionment determination in his or her report, the physician shall state the specific reasons why the physician cannot 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. Race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics shall not be considered a cause or other factor of disability with regard to any determination made under this section. (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) shall 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. (f) For purposes of this section, "genetic characteristics" has the same meaning as that term is defined in subdivision (d) of Section 10123.3 of the Insurance Code. SEC. 2. (a) The Legislature finds and declares all of the following: (1) The federal and state constitutions, federal law, and state statutes prohibit employment discrimination against individuals on the basis of immutable characteristics, such as race, age, gender, and sexual orientation, as well as other factors, such as religion and marital status. (2) Under the state's workers' compensation system, injured workers or their dependents are entitled to certain benefits that include compensation for permanent partial disability or death arising out of, and in the course of, employment, without regard to fault. In return, employers are shielded from civil liability in any claims of negligence related to the employee's injury. (3) Workers' compensation benefits have been reduced or denied on the basis of personal characteristics of the employee that, if applied in an employment context, would be prohibited employment discrimination. (b) It is the intent of the Legislature to enact legislation that would apply employment discrimination protections to workers' compensation law in order to prohibit the wrongful reduction or denial of workers' compensation benefits.