New Legislative Effort to Prohibit Apportionment to Genetics

Announced : August 23, 2017


Last month the state Supreme Court denied the injured worker's appeal in City of Jackson v. WCAB (Rice), which held that apportionment to causation may properly include apportionment to a combination of genetic and environmental factors, and that such apportionment is not discrimination based on disability or objectionable risk factors.

On August 21, the effort to prohibit apportionment based on genetic factors took a new turn when Sen. Steve Bradford gutted and amended SB 617 in a move that would effectively overturn the Rice decision.  The amended bill would add a new section to the Labor Code (§4665), specifying that “Notwithstanding any other law, including, but not limited to, Section 4663, heredity and genetics shall be excluded as bases of causation for purposes of determining the apportionment of permanent disability.”

With less than a month left in this year’s legislative session, the revised version of SB 617 will likely be carried forward into the 2018 session as a 2-year bill. CWCI will continue to monitor this measure, but in the meantime you can click here for a copy of the amended bill.