AB 1155 - An Act to Amend Section 4663 of the Labor Code, Relating to Workers’ Compensation.

An Act to Amend Section 4663 of the Labor Code, Relating to Workers’ Compensation.

AB 1155 — 2011-2012 Legislature

Summary

(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 prohibit the use of risk factors and specified characteristics to deny an injured worker his or her rightful benefit when disabled in the workplace. The bill would also state the intent of the Legislature to prohibit the apportionment of risk factors and characteristics without prohibiting the apportionment of documentable preexisting nonindustrial causes of disability or holding an employer liable for any percentage of permanent disability not directly caused by an injury arising out of and occurring in the course of employment.

(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.… More

(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 prohibit the use of risk factors and specified characteristics to deny an injured worker his or her rightful benefit when disabled in the workplace. The bill would also state the intent of the Legislature to prohibit the apportionment of risk factors and characteristics without prohibiting the apportionment of documentable preexisting nonindustrial causes of disability or holding an employer liable for any percentage of permanent disability not directly caused by an injury arising out of and occurring in the course of employment.

(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. Existing law requires a physician to 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 is caused by other factors.

This bill would prohibit the approximate percentage of the permanent disability caused by other factors from including consideration of race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Amend Section 4663 of the Labor Code, Relating to Workers’ Compensation.

Author(s)

Luis Alejo, Roger Hernandez, Ricardo Lara

Co-Authors

• Michael Allen
• Tom Ammiano
• Jim Beall
• Wilmer Amina Carter
• Gilbert Cedillo
• Roger Dickinson
• Mike Eng
• Paul Fong
• Warren Furutani
• Ben Hueso
• Fiona Ma
• Tony Mendoza
• Bill Monning
• Henry Perea
• Nancy Skinner
• Sandre Swanson
• Das Williams
• Loni Hancock
• Mark Leno
• Michael Rubio
• Darrell Steinberg
• Charles Calderon

Subjects

• Workers’ compensation

Major Actions

Introduced	2/18/2011
Referred to Committee
Passed Assembly Committee on Insurance	4/13/2011
Passed Assembly	5/12/2011
Passed Senate Committee on Judiciary	6/14/2011
Passed Senate Committee on Labor and Industrial Relations	7/06/2011
Passed Senate	9/07/2011
Passed Assembly	9/09/2011
Presented to the governor (enrolled)	9/23/2011
Vetoed by Governor	10/07/2011
Vetoed by Governor	10/07/2011

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Insurance	Do pass as amended.	4/13/2011	This motion PASSED the Assembly Committee on Insurance 8 voted YES 4 voted NO 0 voted present/not voting
currently selected	Assembly	AB 1155 ALEJO Assembly Third Reading	5/12/2011	This bill PASSED the Assembly 47 voted YES 26 voted NO 7 voted present/not voting
select this vote	Senate Committee on Judiciary	Do pass, but re-refer to the Committee on Appropriations.	6/14/2011	This motion PASSED the Senate Committee on Judiciary 3 voted YES 2 voted NO 0 voted present/not voting
select this vote	Senate Committee on Labor and Industrial Relations	Do pass as amended.	7/06/2011	This motion PASSED the Senate Committee on Labor and Industrial Relations 5 voted YES 1 voted NO 1 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB1155 Alejo By Lieu	9/07/2011	This bill PASSED the Senate 24 voted YES 14 voted NO 2 voted present/not voting
select this vote	Assembly	AB 1155 ALEJO Concurrence in Senate Amendments	9/09/2011	This bill PASSED the Assembly 51 voted YES 27 voted NO 2 voted present/not voting

	Action	Date	Description
	Introduced	2/18/2011
		2/18/2011	Read first time. To print.
		2/20/2011	From printer. May be heard in committee March 22.
		3/17/2011	Referred to Com. on INS.
select this vote	Vote	4/13/2011	Do pass as amended.
		4/25/2011	From committee: Do pass as amended. (Ayes 8. Noes 4.) (April 13).
		4/26/2011	Read second time and amended. Ordered to second reading.
		4/27/2011	Read second time. Ordered to third reading.
		5/09/2011	Read third time and amended. Ordered to third reading. (Page 1278.)
		5/12/2011	Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 26. Page 1337.)
		5/12/2011	In Senate. Read first time. To Com. on RLS. for assignment.
currently selected	Assembly Vote on Passage	5/12/2011	AB 1155 ALEJO Assembly Third Reading
		5/26/2011	Referred to Com. on JUD.
		6/14/2011	From committee: Do pass and re-refer to Com. on RLS. (Ayes 3. Noes 2.) (June 14). Re-referred to Com. on RLS.
select this vote	Vote	6/14/2011	Do pass, but re-refer to the Committee on Appropriations.
		6/16/2011	Re-referred to Com. on L. & I.R.
		6/29/2011	In committee: Set, first hearing. Hearing canceled at the request of author.
select this vote	Vote	7/06/2011	Do pass as amended.
		7/11/2011	From committee: Do pass as amended. (Ayes 5. Noes 1.) (July 6).
		7/12/2011	Read second time and amended. Ordered to third reading.
		8/30/2011	Read third time and amended. Ordered to second reading.
		8/31/2011	Read second time. Ordered to third reading.
		9/07/2011	Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 14. Page 2345.).
select this vote	Senate Vote on Passage	9/07/2011	Assembly 3rd Reading AB1155 Alejo By Lieu
		9/09/2011	In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 27. Page 3202.).
select this vote	Assembly Vote on Passage	9/09/2011	AB 1155 ALEJO Concurrence in Senate Amendments
		9/23/2011	Enrolled and presented to the Governor at 3:30 p.m.
	Vetoed	10/07/2011	Vetoed by Governor.