Call or email us anytime
(805) 484-0333
Search Guide
Today is Saturday, July 13, 2024 -

News Articles

Legislation Introduced to Prohibit Apportionment to Genetics

  • State: California
  • Topic: Top
  • - Popular with: Legal
The chairman of the California Senate Committee on Labor and Industrial Relations introduced le…

Purchase this story for only $7.99!

Add to Cart

For access to all our articles, check out our subscription options.

4 Comments (4 Replies)

Log in to post a comment


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.
George Corson Aug 23, 2017 a 2:08 pm PDT

The concept of Apportionment encourages Employers to hire physically imperfect workers, with the confidence that prior disability will not be financially strapped to the Employer's back. Most people would rather be hired than screened out. If an injury occurs, the Employer gets credit for the prior disability.

I think in the global picture, CAAA and the Legislature will have to come out stating that they either favor Employee screening to avoid full liability for re-injury, or favor Apportionment to articulable genetic/hereditary/gender conditions that are known to cause non-industrial disability. One or the other will ultimately become the reality. Now is the time to pick a poison, because the Free Market is going to demand a remedy.

Steven Baron Aug 23, 2017 a 3:08 pm PDT

There is a mechanism in place already that protects employers from the burden of pre-existing conditions. It's called the Subsequent Injury Benefit Trust Fund. Employers need to be educated on this and know that a portion of there W/C premiums goes into this fund.

Aug 23, 2017 a 2:08 pm PDT


Aug 23, 2017 a 2:08 pm PDT


Aug 23, 2017 a 2:08 pm PDT


Michael Weiser Aug 23, 2017 a 3:08 pm PDT

When invoking a category ( such as genetics) one must also perform counterfactual analyses in order to define its limits. Given the fact that everything in the human body is genetically based it would necessarily preclude all apportionment. The determination of apportionment in the Rice case was SPECIFIC to the individual. It was scientifically established meaning the physician identified the productive relation between the impairment and the fact of degeneration. The bills language is inconsiderate of counterfactual possibilities. Genetics as a category should fail for lack of specificity.

Toni Lopez Aug 23, 2017 a 8:08 pm PDT

Agreed. A Pandora's box if ever there was one.

John Don Aug 23, 2017 a 5:08 pm PDT

Carriers need to provide genetic therapy to offset impact of genes on industrial injury.


Upcoming Events

  • Jul 29 – Aug 2, 2024

    76th Annual SAWCA Convention

    SAVE THE DATE! 76th Annual SAWCA Convention July 29 – August 2, 2024 Hotel Effie Sandestin 1 Grand …

  • Aug 14-17, 2024

    CSIMS 2024 Annual Dual Track C

    California Society of Industrial Medicine and Surgery (CSIMS) is combining its two conferences, PI …

  • Sep 23-26, 2024

    IAIABC 110th Convention

    The IAIABC invites you to the IAIABC 110th Convention, "Passport to Solutions". The IAIABC Convent …

Workers' Compensation Events

Social Media Links

c/o Business Insurance Holdings, Inc.
PO Box 1010
Greenwich, CT 06836
(805) 484-0333