AB 305

  • California Assembly Bill
  • 2015-2016 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 11, 2015
  • Passed Senate Sep 08, 2015
  • Governor

Workers' compensation: permanent disability apportionment.

Abstract

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, 2016, from being based on pregnancy or menopause if the condition is contemporaneous with the claimed physical injury. The bill would also prohibit apportionment of permanent disability, in the case of a psychiatric injury occurring on or after January 1, 2016, from being based on psychiatric disability or impairment caused by sexual harassment, pregnancy, or menopause if the condition is contemporaneous with the claimed psychiatric injury. The bill would also provide, notwithstanding any other law, for injuries occurring on or after January 1, 2016, 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.

Bill Sponsors (4)

Votes


Actions


Jan 15, 2016

Assembly

Consideration of Governor's veto stricken from file.

Oct 06, 2015

Assembly

Vetoed by Governor.

Sep 18, 2015

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Sep 09, 2015

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 20. Page 2997.).

Assembly

Assembly Rule 77 suspended. (Ayes 52. Noes 28. Page 2990.)

Sep 08, 2015

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 15. Page 2593.).

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

Sep 04, 2015

Senate

Read second time. Ordered to third reading.

Sep 03, 2015

Senate

Read third time and amended. Ordered to second reading.

Aug 31, 2015

Senate

Read second time. Ordered to third reading.

Aug 27, 2015

Senate

From committee: Do pass. (Ayes 5. Noes 2.) (August 27).

Jul 13, 2015

Senate

In committee: Referred to suspense file.

  • Referral-Committee
suspense file.

Jun 30, 2015

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  • Referral-Committee
  • Reading-2
  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
Com. on APPR.

Jun 29, 2015

Senate

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Jun 25, 2015

Senate

From committee: Do pass and re-refer to Com. on RLS. (Ayes 4. Noes 1.) (June 24). Re-referred to Com. on RLS.

  • Referral-Committee
  • Committee-Passage-Favorable
  • Committee-Passage
Com. on RLS.

Jun 15, 2015

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.

  • Referral-Committee
  • Reading-2
  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
Com. on L. & I.R.

May 21, 2015

Senate

Referred to Com. on L. & I.R.

  • Referral-Committee
Com. on L. & I.R.

May 11, 2015

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 18. Page 1389.)

May 07, 2015

Assembly

Read second time. Ordered to third reading.

May 06, 2015

Assembly

From committee: Do pass. (Ayes 9. Noes 4.) (May 6).

May 04, 2015

Assembly

Re-referred to Com. on INS.

  • Referral-Committee
Com. on INS.

Apr 30, 2015

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

Apr 06, 2015

Assembly

Re-referred to Com. on INS.

  • Referral-Committee
Com. on INS.

Mar 26, 2015

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

Assembly

Referred to Com. on INS.

  • Referral-Committee
Com. on INS.

Feb 13, 2015

Assembly

From printer. May be heard in committee March 15.

Feb 12, 2015

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB305 HTML
02/12/15 - Introduced PDF
03/26/15 - Amended Assembly PDF
04/30/15 - Amended Assembly PDF
06/15/15 - Amended Senate PDF
06/30/15 - Amended Senate PDF
09/03/15 - Amended Senate PDF
09/14/15 - Enrolled PDF

Related Documents

Document Format
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Sources

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