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

AB 305 — Workers' compensation: permanent disability apportionment.

Last action — Consideration of Governor's veto stricken from file.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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 Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Vetoed by Governor.

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

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

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

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

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

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

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

  12. In committee: Referred to suspense file.

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

  14. Re-referred to Com. on APPR.

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

  16. 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.

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

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

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

  20. Read second time. Ordered to third reading.

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

  22. Re-referred to Com. on INS.

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

  24. Re-referred to Com. on INS.

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

  26. Referred to Com. on INS.

  27. From printer. May be heard in committee March 15.

  28. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 11 voted No

Sponsors (1)

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

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"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 305 GONZALEZ Concurrence in Senate Amendments

Passed 60 Yea · 20 Nay
Party YeaNayPresentNot Voting
Unaffiliated 551600
Democratic 4000
Republican 1400
Total 602000
% of votes cast 75%25%0%0%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Brough — Nay
Brown — Yea
Kim — Nay
Low — Yea
Maienschein — Yea
Mathis — Nay
Mullin — Yea
Perea — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Williams — Yea
Eggman — Yea
Chiu — Yea
Chávez — Nay
Cooper — Yea
Daly — Yea
Burke — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gray — Yea
Lopez — Yea
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Chang — Yea
Atkins — Yea
Linder — Yea
McCarty — Yea
Medina — Yea
Baker — Yea
Bloom — Yea
Chau — Yea
Chu — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Mayes — Nay
Bigelow — Nay
Melendez — Nay
Obernolte — Nay
Wagner — Nay
Waldron — Nay
Wilk — Nay
Gatto — 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
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 Yea

Official roll call →

3rd Reading AB305 Gonzalez By Block

Passed 24 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221401
Democratic 2100
Total 241501
% of votes cast 60%38%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hernandez — Yea
Huff — Nay
Lara — Yea
Liu — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Hancock — Yea
Block — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Pavley — Yea
Wieckowski — Yea
Wolk — Yea
Cannella — Nay
Runner — Nay
Bates — Nay
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Roth — Not Voting
Vidak — Nay
Fuller — Nay
Galgiani — Yea
Glazer — Nay
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 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Leyva — Yea
Hill — Yea
Lara — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Nay

Official roll call →

Placed on suspense file

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

Official roll call →

AB 305 GONZALEZ Assembly Third Reading

Passed 59 Yea · 18 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 541402
Democratic 4000
Republican 1401
Total 591803
% of votes cast 74%23%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Kim — Nay
Linder — Yea
Low — Yea
Maienschein — Yea
Mathis — Nay
Mayes — Nay
Olsen — Nay
Rendon — Yea
Steinorth — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Gomez — Yea
Burke — Yea
Holden — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Jones-Sawyer — Yea
McCarty — Yea
Gray — Yea
Medina — Yea
Lopez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Alejo — Yea
Chiu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Perea — Yea
Ridley-Thomas — Yea
Gordon — Yea
Harper — Nay
Atkins — Not Voting
Chang — Not Voting
Levine — Yea
Baker — Yea
Chau — Yea
Chu — Yea
Chávez — Nay
Melendez — Nay
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Gonzalez — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 9 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8300
Democratic 1000
Republican 0100
Total 9400
% of votes cast 69%31%0%0%
How each member voted (13)
Member Party Vote
Rodriguez — Yea
Cooley — Yea
Cooper — Yea
Frazier — Yea
Gatto — Yea
Gonzalez — Yea
Dababneh — Yea
Daly — Yea
Mayes — Nay
Beth Gaines — Nay
Travis Allen — Nay
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay

Official roll call →

Subjects

healthcare labor
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Frequently asked questions

What does AB 305 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 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.
Who sponsors AB 305?
AB 305 is sponsored by Chiu, McCarty, Gonzalez, Jeff (Republican), and Garcia, Robert (Democratic).
What is the current status of AB 305?
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 305?
Track AB 305 free on One Click Politics — get push/email alerts when it moves.

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