BILL NUMBER: AB 1368	CHAPTERED  09/30/06

	CHAPTER  836
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2006
	PASSED THE ASSEMBLY  AUGUST 31, 2006
	PASSED THE SENATE  AUGUST 30, 2006
	AMENDED IN SENATE  AUGUST 23, 2006
	AMENDED IN SENATE  JUNE 15, 2006
	AMENDED IN SENATE  JUNE 20, 2005
	AMENDED IN ASSEMBLY  JUNE 1, 2005

INTRODUCED BY   Assembly Member Karnette

                        FEBRUARY 22, 2005

   An act to amend Section 4663 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1368, Karnette   Workers' compensation: apportionment:
presumptions.
   Existing workers' compensation law generally requires employers to
secure the payment of workers' compensation, including medical
treatment, for injuries incurred by their employees that arise out
of, or in the course of, employment.
   Existing law provides that, in the case of certain state and local
public safety members, the term "injury" includes hernia, heart
trouble, and pneumonia that developed or manifested itself during a
period while the person is in that service. Existing law further
establishes a disputable presumption in this regard and prohibits
these medical conditions from being attributed to any disease
existing prior to the development or manifestation of that medical
condition.
   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.
   This bill would exempt the above medical conditions for certain
public safety members and employees from the application of this
requirement.


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 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 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 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) 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.
  SEC. 2.  It is the intent of the Legislature that this act be
construed as declaratory of existing law.