California 2017-2018 Regular Session Status: To Executive

AB 479 — 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 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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 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. Existing law requires the determination of the percentages of permanent partial or permanent total disability to incorporate specified descriptions and measurements of physical impairments and provides for disability ratings schedules. Existing law also specifically requires the administrative director to adopt at a public hearing regulations concerning procedures to be followed by all physicians in evaluating the existence and extent of permanent impairment and limitations resulting from an injury in a manner consistent with the provisions governing apportionment, as specified. The bill would require, if an employee sustains an injury arising out of and in the course of employment resulting in breast cancer, specified impairments to be considered, including the presence or absence of the organ, skin disfigurement, and pain, among other things. The bill would also provide that whether the person is of childbearing age shall not be a determining factor when determining impairment due to breast cancer.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 4:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6364.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5293.).

  6. Read second time. Ordered to third reading.

  7. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 19). Re-referred to Com. on APPR.

  9. In committee: Set, first hearing. Hearing canceled at the request of author.

  10. Measure version as amended on May 21 corrected.

  11. 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.

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

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0.)

  15. Read second time. Ordered to Consent Calendar.

  16. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (January 18).

  17. Re-referred to Com. on APPR.

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

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (January 10). Re-referred to Com. on APPR.

  20. From committee: Be re-referred to Com. on INS. Re-referred. (Ayes 9. Noes 0.) (January 4). Re-referred to Com. on INS.

  21. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

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

  23. In committee: Set, first hearing. Failed passage. Reconsideration granted.

  24. Re-referred to Com. on REV. & TAX.

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

  26. Referred to Coms. on REV. & TAX. and G.O.

  27. From printer. May be heard in committee March 16.

  28. Read first time. To print.

Sponsors

  • Gonzalez Fletcher · Primary
  • Caballero · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Gonzalez Fletcher

Co-sponsors (1)

  • Caballero

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

AB 479 GONZALEZ FLETCHER Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 16000
Republican 5001
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Mathis — Yea
Mullin — Yea
Quirk — Yea
Steinorth — Yea
Voepel — Yea
Wood — Yea
Chávez — Yea
Eggman — Yea
Gray — Yea
Frazier — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Salas — Yea
Chau — Yea
Mayes — Yea
Chu — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Friedman — Yea
Rubio — Yea
Rivas — Yea
Holden — Yea
Kamlager-Dove — Yea
Burke — Yea
Kiley — Yea
Maienschein — Yea
McCarty — Yea
O'Donnell — Yea
Chiu — Yea
Cooley — Yea
Cooper — Yea
Obernolte — Yea
Rendon — Yea
Waldron — Yea
Cunningham — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB479 Gonzalez Fletcher et al. By Lara

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Bradford — Yea
Pan — Yea
Wilk — Yea
Chang — Yea
Glazer — Yea
Mitchell — Yea
Delgado — Yea
Allen — Yea
Hernandez — Yea
Dodd — Yea
Hertzberg — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Bates — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Cannella — Not Voting
Moorlach — Yea
Fuller — Not Voting
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 479 GONZALEZ FLETCHER Consent Calendar Second Day

Passed 75 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 55001
Democratic 15000
Republican 5001
Total 75002
% of votes cast 97%0%0%3%
How each member voted (77)
Member Party Vote
Baker — Yea
Bigelow — Yea
Brough — Yea
Maienschein — Yea
Mathis — Yea
Melendez — Yea
Nazarian — Yea
Rodriguez — Yea
Steinorth — Yea
Ting — Yea
Wood — Yea
Eggman — Yea
Rubio — Yea
Friedman — Yea
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
McCarty — Not Voting
O'Donnell — Yea
Obernolte — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Waldron — Yea
Burke — Yea
Chau — Yea
Chu — Yea
Cunningham — Yea
Frazier — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Kiley — Yea
Levine — Yea
Low — Yea
Fong — Yea
Salas — Yea
Mayes — Yea
Medina — Yea
Mullin — Yea
Quirk — Yea
Gray — Yea
Rendon — Yea
Acosta — Yea
Bloom — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Yea
Weber — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 3000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Jones-Sawyer — Yea
Obernolte — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Quirk — Yea
Fong — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

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

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 3001
Republican 1000
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Bigelow — Yea
Daly — Yea
Frazier — Yea
Harper — Not Voting
Chu — Yea
Mayes — Yea
Cooley — Yea
Cooper — Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Be re-referred to the Committee on [Insurance]

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7002
Democratic 2000
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Brough — Yea
Nazarian — Yea
Waldron — Yea
Friedman — Not Voting
Salas — Yea
Cooley — Yea
Cunningham — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Cervantes, Sabrina Democratic Yea
Grayson, Timothy S. Democratic Yea

Official roll call →

Subjects

healthcare labor
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Frequently asked questions

What does AB 479 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 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 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. Existing law requires the determination of the percentages of permanent partial or permanent total disability to incorporate specified descriptions and measurements of physical impairments and provides for disability ratings schedules. Existing law also specifically requires the administrative director to adopt at a public hearing regulations concerning procedures to be followed by all physicians in evaluating the existence and extent of permanent impairment and limitations resulting from an injury in a manner consistent with the provisions governing apportionment, as specified. The bill would require, if an employee sustains an injury arising out of and in the course of employment resulting in breast cancer, specified impairments to be considered, including the presence or absence of the organ, skin disfigurement, and pain, among other things. The bill would also provide that whether the person is of childbearing age shall not be a determining factor when determining impairment due to breast cancer.
Who sponsors AB 479?
AB 479 is sponsored by Gonzalez Fletcher and Caballero.
What is the current status of AB 479?
This bill died with 2017-2018 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 479?
Track AB 479 free on One Click Politics — get push/email alerts when it moves.

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