BILL NUMBER: AB 1643 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 16, 2016
INTRODUCED BY Assembly Member Gonzalez
( Coauthor: Assembly Member
Chiu )
JANUARY 11, 2016
An act to amend Section 2810.5 of 4663 of,
and to add Section 4660.2 to, the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1643, as amended, Gonzalez. Employment: employer
obligations. Workers' compensation: permanent
disability apportionment.
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.
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.
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.
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.
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.
This bill would make nonsubstantive changes to the latter
provision.
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 4660.2 is added to the
Labor Code , to read:
4660.2. 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.
SEC. 2. 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) (1) 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
(2) (A) 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
(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:
(i) Pregnancy.
(ii) Menopause.
(iii) Osteoporosis.
(iv) Carpal tunnel syndrome.
(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).
(3) 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.
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.