Bill Text: CA SB899 | 2017-2018 | Regular Session | Amended
Bill Title: Workers’ compensation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2018-09-23 - In Senate. Consideration of Governor's veto pending. [SB899 Detail]
Download: California-2017-SB899-Amended.html
Amended
IN
Assembly
June 19, 2018 |
Amended
IN
Senate
April 26, 2018 |
Amended
IN
Senate
March 07, 2018 |
Senate Bill | No. 899 |
Introduced by Senator Pan |
January 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
In City of Jackson v. Workers’ Compensation Appeals Board (2017) 11 Cal.App.5th 109, the court of appeal
found that the law governing apportionment of disability permits the determination of causation to include “heritability and genetics,” which may result in the reduction of an individual worker’s benefits due to his or her heredity or genetic makeup.
This bill would set forth a statement of legislative findings and declarations stating, among other things, that the City of Jackson decision is an abhorrent decision that violates legal norms, undermines legislative intent, and abuses the dignity of injured workers. The bill would express the intent of the Legislature to abrogate the decision and affirm prior decisions prohibiting apportionment of disability to immutable factors. The bill would also express the intent of the Legislature that these provisions do not prohibit apportionment of disability to specific identifiable factors.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
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.The Legislature finds and declares all of the following:
(a)In City of Jackson v. Workers’ Compensation Appeals Board (2017) 11 Cal.App.5th 109 (hereafter, “City of Jackson”), the court of appeal found that the law governing apportionment of disability permits the determination of causation to include “heritability and genetics,” which may result in the reduction of an individual worker’s benefits due to his or her heredity or genetic makeup. In contrast, a prior decision in Rice v. City of Jackson (2015)
2015 WL 575174 (Cal. W.C.A.B.) (hereafter, “Rice”), prohibited apportionment of disability to immutable factors while also referring to “proper apportionment” of disability to “specific identifiable factors.”
(b)The City of Jackson decision effectively legalizes discrimination on the basis of genetics and heritability, including race, gender, and religion, creating disparate impacts in the form of reduced permanent disability benefits to injured workers.
(c)The Legislature has consistently prohibited discrimination on the basis of race, gender, religion, and genetics in employment and
governmental benefits.
(d)The City of Jackson decision is an abhorrent decision that violates legal norms, undermines legislative intent, and abuses the dignity of injured workers.
(e)It is the intent of the Legislature in enacting this subdivision to abrogate the decision in City of Jackson and to affirm prior administrative and judicial decisions, including Rice, prohibiting apportionment of disability to immutable factors. It is also the intent of the Legislature that this subdivision does not prohibit apportionment of disability to specific identifiable factors.