Bill > AB1155

This bill amends Section 4663 of the Labor Code to clarify how permanent disability in workers' compensation cases is determined, specifically focusing on the concept of "apportionment," which means dividing responsibility for a disability. The bill mandates that physicians providing reports on permanent disability must determine the approximate percentage of that disability caused directly by the work-related injury and the percentage caused by other factors, both before and after the injury. Importantly, the bill explicitly states that factors like race, religion, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics cannot be used to determine the percentage of disability caused by these "other factors." If a physician cannot make an apportionment determination, they must explain why and consult with other doctors to reach a final decision. The bill also requires employees to disclose previous permanent disabilities or impairments upon request. It clarifies that these provisions do not apply to certain specific injuries or illnesses covered by other sections of the Labor Code, such as those affecting firefighters and law enforcement officers. The legislative intent behind this bill is to ensure that workers' compensation benefits are not denied based on an employee's personal characteristics and that employers are only held liable for the portion of permanent disability directly caused by the work-related injury, while still allowing for the apportionment of pre-existing non-industrial causes of disability.