BILL NUMBER: AB 1643	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 22, 2016
	PASSED THE ASSEMBLY  JUNE 1, 2016
	AMENDED IN ASSEMBLY  MARCH 16, 2016

INTRODUCED BY   Assembly Member Gonzalez
   (Coauthor: Assembly Member Chiu)

                        JANUARY 11, 2016

   An act to amend Section 4663 of, and to add Section 4660.2 to, the
Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1643, Gonzalez. 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 the approximate percentage of the permanent
disability that was caused by the direct result of injury arising out
of and occurring in the course of employment, and the approximate
percentage of the permanent disability that 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.


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.
   (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.
   (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.