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SB-788 Workers’ compensation: risk factors.(2021-2022)

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Date Published: 09/07/2021 09:00 PM
SB788:v97#DOCUMENT

Enrolled  September 07, 2021
Passed  IN  Senate  September 03, 2021
Passed  IN  Assembly  July 01, 2021
Amended  IN  Assembly  June 17, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 788

Introduced by Senator Bradford

February 19, 2021

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


LEGISLATIVE COUNSEL'S DIGEST


SB 788, Bradford. Workers’ compensation: risk factors.
Existing law establishes a workers’ compensation system, administered by the administrative director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law requires a physician who prepares a report addressing the issue of permanent disability due to an industrial injury to address the cause of the permanent disability in the report, including what approximate percentage of the permanent disability was caused by other factors before and after the industrial injury, if the physician is able to make an apportionment determination.
This bill would prohibit consideration of race, religious creed, color, national origin, gender, marital status, sex, sexual identity, or sexual orientation to determine the approximate percentage of the permanent disability caused by other factors. The bill would also express the Legislature’s intent to eliminate bias and discrimination in the workers’ compensation system.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 It is the intent of the Legislature to eliminate bias and discrimination in the workers’ compensation system. This act will ensure that risk factors and characteristics of race, religious creed, color, national origin, gender, marital status, sex, sexual identity, or sexual orientation are not used to deny an injured worker a full disability benefit.

SEC. 2.

 Section 4663 of the Labor Code is amended to read:

4663.
 (a) Apportionment of permanent disability shall be based on causation.
(b) A physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury shall address in that report 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 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 after the industrial injury, including prior industrial injuries. The approximate percentage of the permanent disability caused by other factors shall not include consideration of race, religious creed, color, national origin, gender, marital status, sex, sexual identity, or sexual orientation.
(2) If the physician is unable to include an apportionment determination in the 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) do 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.