Women injured at work have many unique issues related to their disability and apportionment related matters. All workers’ compensation attorneys and their client should be aware and cautious how doctors and other professionals address these issues. Congratulations to Assemblywoman Lorena Gonzalez Fletcher for introducing Assembly Bill 570 which aims to prevent pregnancy, childbirth – or conditions related to pregnancy or childbirth – from being used against workers when addressing apportionment and the cause of disability in a workers’ compensation claim.
CALIFORNIA LEGISLATURE – 2017–2018 REGULAR SESSION – ASSEMBLY BILL No. 570
Introduced by Assembly Member Gonzalez Fletcher on February 14, 2017
An act to amend Section 4663 of the Labor Code, relating to workers’ compensation.
LEGISLATIVE COUNSEL’S DIGEST
AB 570, as introduced, Gonzalez Fletcher. Workers’ compensation: permanent disability apportionment.
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. Existing law requires the physician 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, in the case of a physical injury occurring on or after January 1, 2018, from being based on pregnancy, childbirth, or other medical conditions related to pregnancy or childbirth.
Nikki Jacobson, Attorney at Law, Certified Workers’ Compensation Specialist, By The California State Bar Board of Legal Specialization, Los Angeles Work Injury & Immigration Lawyer
Attorney Nikki Mehrpoo Jacobson has represented individual clients in immigration (visa) and workers’ compensation (work injury) matters employed at a variety of companies in California, the United States and through out the world.
Below is a partial list of the employers:
ADP Total Source, Inc.
AGBT – American Express Global Business Travel
Alliance for Sustainable Energy
American Family Insurance
Anheuser-Busch Companies, LLC
Bank of America
Becker’s School Supplies
Blue Coat Systems Inc.
Boston Scientific Corporation
Bridgepoint Education, Inc.
Career Education Corporation
Carle Foundation Hospital
Catalina Marketing Corporation
Cedar Sinai Medical Center
Center Light Health System
CIT Group Inc.
City of Coral Gables
Cognizant Technology Solutions
Concentric Rockford Inc.
Data Card Corporation
Dealertrack Technologies, Inc.
Ernst & Young LLP
Everest Reinsurance Company
Golub Corporation D/B/A “Price Chopper”
Health Net Inc.
Huntington Ingalls Industries, Inc.
Jack Henry & Associates
John Hancock Life Insurance Company (USA)
Lahey Clinic Foundation, Inc.
Lakeside Union School District
Latham & Watkins LLP
Laureate Education, Inc.
Leggett & Platt
Levi Strauss & Company
Luther Holding Company DBA Luther Automotive
Madison Square Garden
McCarthy Building Companies, Inc.
Meridian Health System
Merrill Communications, LLC
NCCI Holdings, Inc.
Northeast Rehabilitation Health Network
Northrop Grumman Corporation
Prudential Insurance Company
Regus Management Group LLC
SeaWorld Parks & Entertainment, Inc.
Southern Research Institute
Southwest Research Institute
St. Catherine University
Stanford Hospital & Clinics
State of Georgia
United Nations Staff Union
United Rentals, Inc.
United Technologies Corporation Aerostructures Division
University of North Florida
UPS – United Parcel Service, Inc.
Vail Resorts Management Company
Valdosta City Schools
Vitas Hospice Services LLC
Western Asset Management Co.
Worcester Polytechnic Institute
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