LEGISLATIVE ROUNDUP: New Bill Sets the Stage for Apportionment Battle

by John P. Kamin (April 2, 2018)

A bill targeting the 3rd District Court of Appeal’s published decision in the City of Jackson v. WCAB is headlining the 2018 legislative session and setting the stage for a debate over whether workers’ compensation judges should allow apportionment to genetic and hereditary factors.

State Senator Steve Bradford, D-Gardena, has introduced the latest version of his bill, SB 899, which calls the 3rd DCA’s decision in the City of Jackson v. WCAB “an abhorrent decision that violates legal norms, undermines legislative intent, and abuses the dignity of injured workers.”

Groups such as the California Applicant’s Attorneys Association (CAAA) have been critical of the decision, whereas insurers believe the decision appropriately limits employer liability to industrial injuries only.

In the City of Jackson v. WCAB decision, the 3rd DCA upheld a workers’ compensation judge’s decision that the City of Jackson had proven that apportionment of disability was 49% attributable to genetic factors. The apportionment was for disability to the applicant’s cervical spine.