Workers’ Compensation

Ca. Workers' Comp. Quarterly 2021, Vol. 34, No. 3

Vetoed: Apportionment Reform Efforts Fail Once Again



At first glance, Governor Gavin Newsom’s 2021 veto of Senate Bill 788 (Bradford) would appear to be just another episode in the long-running challenge to the law of apportionment based on what has been given the shorthand label of "impermissible factors." The history of this issue is complex.1 Most recently, the legislative debate has been framed as a response to City of Jackson v. Workers’ Comp. Appeals Bd. (2017) 11 Cal.App.5th 109 and City of Petaluma v. Workers’ Comp. Appeals Bd. (2018) 29 Cal. App.5th 1175. In the case of Senate Bill 899 (Pan), in 2018, and SB 788, employers and worker advocates actually agreed on the content of the bill; despite their efforts, the Governor vetoed these bills as well.

At the inception of this debate, in 2008, the proffered amendment to Labor Code section 4663 stated:

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