February 4, 2008 Source:
WorkInjury.com
----------------------------
New Bill Introduced to Modify SB 899 Apportionment
On January 22, 2008, state senator Carole Migden (D-San Francisco) introduced SB 1115 which would amend Labor Code Section 4663 by prohibiting apportionment for conditions solely related to age or gender (two prime examples would be arthritic conditions - as they relate to the aging process - and bone density disease - as it relates to women and/or age).
As discussed elsewhere in this week's edition, several recent cases have been dealing with this hot issue of how the "new" apportionment statute works when age- or gender- related factors are involved.
At least two recent cases - Vaira (to read about that, CLICK HERE) and Fitzpatrick (just remanded, to read about it CLICK HERE) - have questioned whether pre-existing conditions which are usually connected by age or gender can lawfully be "apportioned away" in light of the age and gender related discrimination laws.
Thus, this bill would appear to be unnecessary in that it just states what presumably is already the law. Then again, considering how these cases have thus far skirted the issue, maybe not.
SB 1115, besides changing a word or two elsewhere in the statute, would add the following sentence to the end of Section 4663(c):
"Race, religious creed, color, national origin, age, gender, marital status, sex, or genetic predisposition shall not be considered a cause or other factor of disability with regard to any determination made under this section."
Last week, the bill was referred to the Committee on Labor and Industrial Relations.
- Help for the Injured Worker
