BILL NUMBER: SB 1115	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MARCH 10, 2008
	PASSED THE ASSEMBLY  AUGUST 19, 2008

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, 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.


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 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, 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.