California 2015-2016 Regular Session Status: To Executive 1 R cosponsors

AB 1643 — Workers' compensation: permanent disability apportionment.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Action History

  1. Vetoed by Governor.

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

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 14. Page 5243.).

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 5. Noes 2.) (August 11).

  7. In committee: Referred to APPR. suspense file.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 29). Re-referred to Com. on APPR.

  9. Referred to Coms. on L. & I.R. and APPR.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 20. Page 5078.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 15. Noes 5.) (May 27).

  14. In committee: Set, first hearing. Referred to APPR. suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 20). Re-referred to Com. on APPR.

  16. Re-referred to Com. on INS.

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

  18. Referred to Com. on INS.

  19. From printer. May be heard in committee February 11.

  20. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 11 voted No

Sponsors (1)

Co-sponsors (1)

  • Chiu

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB1643 Gonzalez By Block

Passed 24 Yea · 14 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221301
Democratic 2100
Total 241401
% of votes cast 62%36%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Block — Yea
Hernandez — Yea
Huff — Nay
Leno — Yea
Liu — Yea
Pan — Yea
Roth — Not Voting
Cannella — Nay
Galgiani — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Pavley — Yea
Wolk — Yea
Glazer — Nay
Hall — Yea
Beall — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Vidak — Nay
Wieckowski — Yea
Fuller — Nay
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Beall — Yea
Nielsen — Nay
Hill — Yea
Lara — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Nielsen — Yea
Hill — Yea
Lara — Yea
Bates — Yea
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 1643 GONZALEZ Assembly Third Reading

Passed 60 Yea · 20 Nay
Party YeaNayPresentNot Voting
Unaffiliated 551500
Democratic 5000
Republican 0500
Total 602000
% of votes cast 75%25%0%0%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mathis — Nay
Olsen — Nay
Santiago — Yea
Weber — Yea
Eggman — Yea
Cooper — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Gatto — Yea
Holden — Yea
Jones-Sawyer — Yea
Gray — Yea
Lopez — Yea
McCarty — Yea
Campos — Yea
Chiu — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Chang — Yea
Atkins — Yea
Harper — Nay
Kim — Nay
Linder — Yea
Chau — Yea
Chu — Yea
Chávez — Nay
Mayes — Nay
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Ting — Yea
Wagner — Nay
Waldron — Nay
Wilk — Nay
Williams — Yea
Wood — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13300
Democratic 2000
Republican 0200
Total 15500
% of votes cast 75%25%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Quirk — Yea
Eggman — Yea
Bonilla — Yea
Chang — Yea
Daly — Yea
Holden — Yea
Obernolte — Nay
Santiago — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8201
Democratic 1000
Republican 0100
Total 9301
% of votes cast 69%23%0%8%
How each member voted (13)
Member Party Vote
Rodriguez — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Gatto — Yea
Bigelow — Nay
Melendez — Not Voting
Frazier — Yea
Travis Allen — Nay
Calderon, Lisa Democratic Yea
Dahle, Megan Republican Nay

Official roll call →

Subjects

labor health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1643 do?
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.
Who sponsors AB 1643?
AB 1643 is sponsored by Chiu and Gonzalez, Jeff (Republican).
What is the current status of AB 1643?
This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1643?
Track AB 1643 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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