Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1643

Introduced by Assembly Member Gonzalez

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(Coauthor: Assembly Member Chiu)

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January 11, 2016

An act to amend Section begin delete 2810.5 of end delete begin insert 4663 of, and to add Section 4660.2 to, end insert the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 1643, as amended, Gonzalez. begin delete Employment: employer obligations. end delete begin insert Workers’ compensation: permanent disability apportionment. end insert

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Existing workers’ compensation law generally requires employers to secure payment of workers’ compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. An employer is liable only for the percentage of the permanent disability directly caused by the injury arising out of, and occurring in the course of, employment.

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Existing law requires apportionment of permanent disability to be based on causation, and a physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury is required to address the issue of causation of the permanent disability. The physician is required to 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.

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This bill would prohibit apportionment of permanent disability, in the case of a physical injury occurring on or after January 1, 2017, from being based on pregnancy, menopause, osteoporosis, or carpal tunnel syndrome. The bill would also prohibit apportionment of permanent disability, in the case of a psychiatric injury occurring on or after January 1, 2017, from being based on psychiatric disability or impairment caused by any of those conditions.

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The bill would also provide, notwithstanding any other law, for injuries occurring on or after January 1, 2017, that the impairment ratings for breast cancer and the aftereffects of the disease, known as sequelae, shall in no event be less than comparable ratings for prostate cancer and its sequelae.

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Existing law requires an employer to post specified wage and hour information in a location where it can be viewed by employees. Existing law further requires an employer to provide each employee, as defined, at the time of hiring, with a notice that specifies the rate and the basis of the employee’s wages and to notify each employee in writing of any changes to the information set forth in the notice, as specified.

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This bill would make nonsubstantive changes to the latter provision.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 4660.2 is added to the end insert begin insert Labor Code end insert begin insert , to
read: end insert

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begin insert 4660.2. end insert   

Notwithstanding any other law, for injuries occurring
on or after January 1, 2017, the impairment ratings for breast
cancer and its sequelae shall in no event be less than comparable
ratings for prostate cancer and its sequelae.

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begin insert SEC. 2. end insert   

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begin insert Section 4663 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

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)  begin insert (1) end insert begin insert   end insert In order for a physician’s report to be considered
complete on the issue of permanent disability, the report must
include an apportionment determination. begin delete A end delete

begin insert (2) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert A end insert 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. begin delete If end delete

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(B) Apportionment in the case of a physical injury occurring
on or after January 1, 2017, shall not be based on any of the
following conditions:

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(i) Pregnancy.

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(ii) Menopause.

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(iii) Osteoporosis.

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(iv) Carpal tunnel syndrome.

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(C) Apportionment in the case of a psychiatric injury occurring
on or after January 1, 2017, shall not be based on psychiatric
disability or impairment caused by any of the conditions listed in
subparagraph (B).

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begin insert (3) end insert begin insert   end insert begin insert If end insert 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.

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SECTION 1.  

Section 2810.5 of the Labor Code is amended to
read:

2810.5.  

(a) (1) At the time of hiring, an employer shall provide
to each employee a written notice, in the language the employer
normally uses to communicate employment-related information
to the employee, containing the following information:

(A) The rate or rates of pay and basis thereof, whether paid by
the hour, shift, day, week, salary, piece, commission, or otherwise,
including any rates for overtime, as applicable.

(B) Allowances, if any, claimed as part of the minimum wage,
including meal or lodging allowances.

(C) The regular payday designated by the employer in
accordance with the requirements of this code.

(D) The name of the employer, including any “doing business
as” names used by the employer.

(E) The physical address of the employer’s main office or
principal place of business, and a mailing address, if different.

(F) The telephone number of the employer.

(G) The name, address, and telephone number of the employer’s
workers’ compensation insurance carrier.

(H) That an employee: may accrue and use sick leave; has a
right to request and use accrued paid sick leave; may not be
terminated or retaliated against for using or requesting the use of
accrued paid sick leave; and has the right to file a complaint against
an employer who retaliates.

(I) Any other information the Labor Commissioner deems
material and necessary.

(2) The Labor Commissioner shall prepare a template that
complies with the requirements of paragraph (1). The template
shall be made available to employers in the manner determined
by the Labor Commissioner.

(3) If the employer is a temporary services employer, as defined
in Section 201.3, the notice described in paragraph (1) must also
include the name, the physical address of the main office, the
mailing address if different from the physical address of the main
office, and the telephone number of the legal entity for whom the
employee will perform work, and any other information the Labor
Commissioner deems material and necessary. The requirements
of this paragraph do not apply to a security services company that
is licensed by the Department of Consumer Affairs and that solely
provides security services.

(b) An employer shall notify his or her employees in writing of
any changes to the information set forth in the notice within seven
calendar days after the time of the changes, unless one of the
following applies:

(1) All changes are reflected on a timely wage statement
furnished in accordance with Section 226.

(2) Notice of all changes is provided in another writing required
by law within seven days of the changes.

(c) For purposes of this section, “employee” does not include
any of the following:

(1) An employee directly employed by the state or any political
subdivision thereof, including any city, county, city and county,
or special district.

(2) An employee who is exempt from the payment of overtime
wages by statute or the wage orders of the Industrial Welfare
Commission.

(3) An employee who is covered by a valid collective bargaining
agreement if the agreement expressly provides for the wages, hours
of work, and working conditions of the employee, and if the
agreement provides premium wage rates for all overtime hours
worked and a regular hourly rate of pay for those employees of
not less than 30 percent more than the state minimum wage.

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