BILL NUMBER: SB 1115	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Migden

                        JANUARY 22, 2008

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1115, as introduced, Migden. Workers' compensation: permanent
disability reports: apportionment.
   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 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 such a
report include an apportionment determination to be considered
complete on the issue of permanent disability.
   This bill would provide that race, religious creed, color,
national origin, age, gender, marital status, sex, or genetic
predisposition shall not be considered to be a cause or other factor
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 report must include an
apportionment determination. A physician shall make an apportionment
determination by finding what approximate percentage of the permanent
disability  was   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  was   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 
could not   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, or genetic predisposition 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.