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

Workers’ compensation. 2011-2012 Legislature. View bill details
Author(s):
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… 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
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Vote: On Passage

PASSED on May 12, 2011.

voted YES: 47 voted NO: 26
7 voted present/not voting

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
Subjects
  • Workers’ compensation
Major Actions
Introduced2/18/2011
Referred to Committee
Passed Assembly Committee on Insurance4/13/2011
Passed Assembly5/12/2011
Passed Senate Committee on Judiciary6/14/2011
Passed Senate Committee on Labor and Industrial Relations7/06/2011
Passed Senate9/07/2011
Passed Assembly9/09/2011
Presented to the governor (enrolled)9/23/2011
Vetoed by Governor10/07/2011
Vetoed by Governor10/07/2011
Bill History
Chamber/CommitteeMotionDateResult
select this voteAssembly Committee on InsuranceDo pass as amended.4/13/2011This motion PASSED the Assembly Committee on Insurance
8 voted YES 4 voted NO 0 voted present/not voting
currently selectedAssemblyAB 1155 ALEJO Assembly Third Reading5/12/2011This bill PASSED the Assembly
47 voted YES 26 voted NO 7 voted present/not voting
select this voteSenate Committee on JudiciaryDo pass, but re-refer to the Committee on Appropriations.6/14/2011This motion PASSED the Senate Committee on Judiciary
3 voted YES 2 voted NO 0 voted present/not voting
select this voteSenate Committee on Labor and Industrial RelationsDo pass as amended.7/06/2011This motion PASSED the Senate Committee on Labor and Industrial Relations
5 voted YES 1 voted NO 1 voted present/not voting
select this voteSenateAssembly 3rd Reading AB1155 Alejo By Lieu9/07/2011This bill PASSED the Senate
24 voted YES 14 voted NO 2 voted present/not voting
select this voteAssemblyAB 1155 ALEJO Concurrence in Senate Amendments9/09/2011This bill PASSED the Assembly
51 voted YES 27 voted NO 2 voted present/not voting
ActionDateDescription
Introduced2/18/2011
2/18/2011Read first time. To print.
2/20/2011From printer. May be heard in committee March 22.
3/17/2011Referred to Com. on INS.
select this voteVote4/13/2011Do pass as amended.
4/25/2011From committee: Do pass as amended. (Ayes 8. Noes 4.) (April 13).
4/26/2011Read second time and amended. Ordered to second reading.
4/27/2011Read second time. Ordered to third reading.
5/09/2011Read third time and amended. Ordered to third reading. (Page 1278.)
5/12/2011Read third time. Passed. Ordered to the Senate. (Ayes 47. Noes 26. Page 1337.)
5/12/2011In Senate. Read first time. To Com. on RLS. for assignment.
currently selectedAssembly Vote on Passage5/12/2011AB 1155 ALEJO Assembly Third Reading
5/26/2011Referred to Com. on JUD.
6/14/2011From committee: Do pass and re-refer to Com. on RLS. (Ayes 3. Noes 2.) (June 14). Re-referred to Com. on RLS.
select this voteVote6/14/2011Do pass, but re-refer to the Committee on Appropriations.
6/16/2011Re-referred to Com. on L. & I.R.
6/29/2011In committee: Set, first hearing. Hearing canceled at the request of author.
select this voteVote7/06/2011Do pass as amended.
7/11/2011From committee: Do pass as amended. (Ayes 5. Noes 1.) (July 6).
7/12/2011Read second time and amended. Ordered to third reading.
8/30/2011Read third time and amended. Ordered to second reading.
8/31/2011Read second time. Ordered to third reading.
9/07/2011Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 14. Page 2345.).
select this voteSenate Vote on Passage9/07/2011Assembly 3rd Reading AB1155 Alejo By Lieu
9/09/2011In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 27. Page 3202.).
select this voteAssembly Vote on Passage9/09/2011AB 1155 ALEJO Concurrence in Senate Amendments
9/23/2011Enrolled and presented to the Governor at 3:30 p.m.
Vetoed10/07/2011Vetoed by Governor.

Total contributions given to Assemblymembers from Other unions, which…

supported this bill

Other unions$359,200
$359,200

17 Organizations Supported and 21 Opposed; See Which Ones

Organizations that took a position on
An Act to Amend Section 4663 of the Labor Code, Relating to Workers’ Compensation.: AB 1155 ALEJO Assembly Third Reading

17 organizations supported this bill

Amalgamated Transit Union
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
American Civil Liberties Union
Assembly Committee on Insurance, & (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Communities United Institute
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Labor Federation
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Official Court Reporters Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California State Conference of the NAACP
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
Consumer Attorneys of California
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
Engineers and Scientists of California
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
IFPTE Local 21
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
International Association of Machinists and Aerospace Workers
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
International Brotherhood of Teamsters
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
International Longshore and Warehouse Union
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
National Nurses United
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
Public Counsel
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
UNITE HERE!
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
United Food and Commercial Workers International Union
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
Utility Workers Union of America Local 132
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.

21 organizations opposed this bill

Acclamation Insurance Management Services
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
Allied Managed Care
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
ALPHA Fund
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
American Insurance Association
Assembly Committee on Insurance, & (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Association of Joint Powers Authorities
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Chamber of Commerce
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Coalition on Workers' Compensation
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Farm Bureau Federation
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Hospital Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Independent Grocers Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Manufacturers & Technology Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Retailers Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
California Spa & Pool Industry Education Council
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
Liberty Mutual Group
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
Marriott International
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
National Restaurant Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
Property Casualty Insurers Association of America
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
UPS
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
Western Growers
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
Western Occupational and Environmental Medical Association
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.
Workers' Compensation Action Network
Assembly Committee on Insurance (2011, April 11). Assembly Committee Analysis. Retrieved May 27, 2011, from Leg. info.

Need proof?

View citations of support and opposition

Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from Other unions interest groups, January 1, 2011 – December 31, 2012.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Katcho AchadjianRCA-33$2,000$0
Luis AlejoDCA-28$8,500$0
Michael AllenDCA-7$20,600$0
Tom AmmianoDCA-13$9,200$0
Toni AtkinsDCA-76$4,000$0
Jim BeallDCA-24$29,050$0
Bill BerryhillRCA-26$0$0
Marty BlockDCA-78$24,100$0
Bob BlumenfieldDCA-40$9,000$0
Susan BonillaDCA-11$7,000$0
Steven BradfordDCA-51$6,000$0
Julia BrownleyDCA-41$0$0
Joan BuchananDCA-15$9,900$0
Betsy ButlerDCA-53$17,800$0
Charles CalderonDCA-58$0$0
Nora CamposDCA-23$7,000$0
Wilmer Amina CarterDCA-62$0$0
Gilbert CedilloDCA-45$0$0
Wesley ChesbroDCA-1$3,000$0
Connie ConwayRCA-34$0$0
Paul CookRCA-65$0$0
Mike DavisDCA-48$0$0
Roger DickinsonDCA-9$5,750$0
Tim DonnellyRCA-59$0$0
Mike EngDCA-49$0$0
Mike FeuerDCA-42$0$0
Nathan FletcherRCA-75$0$0
Paul FongDCA-22$11,000$0
Felipe FuentesDCA-39$0$0
Warren FurutaniDCA-55$0$0
Beth GainesRCA-4$0$0
Cathleen GalgianiDCA-17$22,500$0
Martin GarrickRCA-74$0$0
Mike GattoDCA-43$6,000$0
Rich GordonDCA-21$9,000$0
Jeff GorellRCA-37$1,500$0
Shannon GroveRCA-32$0$0
Curt HagmanRCA-60$0$0
Linda HaldermanRCA-29$0$0
Isadore HallDCA-52$8,900$0
Diane HarkeyRCA-73$0$0
Mary HayashiDCA-18$0$0
Roger HernandezDCA-57$6,000$0
Jerry HillDCA-19$7,900$0
Alyson HuberDCA-10$0$0
Ben HuesoDCA-79$5,100$0
Jared HuffmanDCA-6$0$0
Kevin JeffriesRCA-66$0$0
Brian JonesRCA-77$0$0
Steve KnightRCA-36$0$0
Ricardo LaraDCA-50$3,000$0
Dan LogueRCA-3$0$0
Bonnie LowenthalDCA-54$3,500$0
Fiona MaDCA-12$0$0
Allan MansoorRCA-68$0$0
Tony MendozaDCA-56$0$0
Jeff MillerRCA-71$1,000$0
Holly MitchellDCA-47$3,000$0
Bill MonningDCA-27$4,600$0
Mike MorrellRCA-63$0$0
Brian NestandeRCA-64$7,800$0
Jim NielsenRCA-2$0$0
Chris NorbyRCA-72$0$0
Kristin OlsenRCA-25$0$0
Richard PanDCA-5$18,800$0
Henry PereaDCA-31$7,400$0
John PerezDCA-46$29,400$0
Manuel PerezDCA-80$4,000$0
Anthony PortantinoDCA-44$0$0
Jim SilvaRCA-67$0$0
Nancy SkinnerDCA-14$10,250$0
Cameron SmythRCA-38$0$0
Jose SolorioDCA-69$0$0
Sandre SwansonDCA-16$0$0
Norma TorresDCA-61$3,500$0
David ValadaoRCA-30$0$0
Don WagnerRCA-70$0$0
Bob WieckowskiDCA-20$6,000$0
Das WilliamsDCA-35$11,400$0
Mariko YamadaDCA-8$4,750$0

Add Data Filters:

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Legislator Filters
Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Katcho AchadjianRCA-33$3,100$38,450
Luis AlejoDCA-28$42,948$22,300
Michael AllenDCA-7$137,725$18,400
Tom AmmianoDCA-13$44,474$200
Toni AtkinsDCA-76$34,200$89,650
Jim BeallDCA-24$155,550$6,000
Bill BerryhillRCA-26$14,250$90,960
Marty BlockDCA-78$105,800$14,400
Bob BlumenfieldDCA-40$59,800$30,050
Susan BonillaDCA-11$26,050$52,626
Steven BradfordDCA-51$50,700$38,400
Julia BrownleyDCA-41$0$0
Joan BuchananDCA-15$23,200$63,829
Betsy ButlerDCA-53$293,184$37,950
Charles CalderonDCA-58$0$0
Nora CamposDCA-23$38,400$23,500
Wilmer Amina CarterDCA-62$0$0
Gilbert CedilloDCA-45$0$0
Wesley ChesbroDCA-1$13,310$21,000
Connie ConwayRCA-34$10,050$194,456
Paul CookRCA-65$0$0
Mike DavisDCA-48$0$0
Roger DickinsonDCA-9$67,850$15,100
Tim DonnellyRCA-59$8,075$12,750
Mike EngDCA-49$0$0
Mike FeuerDCA-42$0$0
Nathan FletcherRCA-75$0$0
Paul FongDCA-22$49,684$18,500
Felipe FuentesDCA-39$0$0
Warren FurutaniDCA-55$0$0
Beth GainesRCA-4$5,200$174,896
Cathleen GalgianiDCA-17$87,450$39,208
Martin GarrickRCA-74$0$0
Mike GattoDCA-43$107,553$132,775
Rich GordonDCA-21$46,263$59,400
Jeff GorellRCA-37$6,600$79,650
Shannon GroveRCA-32$14,500$28,500
Curt HagmanRCA-60$11,800$112,250
Linda HaldermanRCA-29$0$0
Isadore HallDCA-52$23,200$83,357
Diane HarkeyRCA-73$4,600$53,000
Mary HayashiDCA-18$0$0
Roger HernandezDCA-57$32,450$62,430
Jerry HillDCA-19$61,555$75,520
Alyson HuberDCA-10$0$0
Ben HuesoDCA-79$26,100$43,200
Jared HuffmanDCA-6$0$0
Kevin JeffriesRCA-66$0$0
Brian JonesRCA-77$1,000$24,700
Steve KnightRCA-36$2,000$22,050
Ricardo LaraDCA-50$46,100$84,900
Dan LogueRCA-3$6,065$82,909
Bonnie LowenthalDCA-54$19,300$9,900
Fiona MaDCA-12$0$0
Allan MansoorRCA-68$6,850$35,600
Tony MendozaDCA-56$0$0
Jeff MillerRCA-71$5,380$154,350
Holly MitchellDCA-47$25,664$35,929
Bill MonningDCA-27$107,513$50,013
Mike MorrellRCA-63$10,150$47,671
Brian NestandeRCA-64$10,500$56,150
Jim NielsenRCA-2$0$29,282
Chris NorbyRCA-72$12,325$59,334
Kristin OlsenRCA-25$14,125$111,394
Richard PanDCA-5$69,200$125,570
Henry PereaDCA-31$32,400$160,222
John PerezDCA-46$250,600$196,969
Manuel PerezDCA-80$12,900$83,250
Anthony PortantinoDCA-44$0$0
Jim SilvaRCA-67$0$0
Nancy SkinnerDCA-14$53,250$41,001
Cameron SmythRCA-38$0$0
Jose SolorioDCA-69$0$0
Sandre SwansonDCA-16$0$0
Norma TorresDCA-61$25,948$59,726
David ValadaoRCA-30$0$0
Don WagnerRCA-70$6,875$50,700
Bob WieckowskiDCA-20$103,050$17,250
Das WilliamsDCA-35$41,100$34,550
Mariko YamadaDCA-8$42,945$7,100

Interest Groups that supported this bill

$ Donated
Attorneys & law firms$1,301,141
Health worker unions$453,700
Other unions$359,200
Teamsters unions$118,495
Labor unions$107,250
Transportation unions$87,299
Minority & ethnic groups$31,600
Welfare & social work$28,175
Merchant marine & longshoremen unions$24,000
Manufacturing unions$0
Food service & related unions$0
Human rights$0

Interest Groups that opposed this bill

$ Donated
Property & casualty insurance$1,051,599
Accident & health insurance$600,150
Insurance agencies, brokers & agents$291,450
Hospitals$233,034
Finance, insurance & real estate$226,225
Restaurants & drinking establishments$203,051
Food stores$171,763
Express delivery services$149,400
Farm Bureau/affiliated organizations & PACs$83,080
Chambers of commerce$62,400
Hotels & motels$56,150
Farm organizations & cooperatives$54,794
Retail trade$41,479
Municipal & county government organizations$31,800
Manufacturing$30,253
Recreation & entertainment$22,850
Management consultants & services$3,750
General business associations$0
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