VETOED WORK COMP BILLS
Governor Jerry Brown did veto in September 2018 three (3) closely watched work comp bills which were:
1. AB 2496/Janitor Presumption: Would create a rebuttable presumption that a janitor was an employee rather than an independent contractor.
[Vetoed as duplicative of existing law, and premature as the recent Supreme Court's
Dynamex
case may redefine "employment.]
2. AB 479/Breast Cancer: Provided for doctors to use the AMA Guides to determine PD for industrial breast cancer.
[Vetoed as unnecessary since AMA Guides are already used to address that issue.]
3. SB 899/Apportionment: Disallows apportionment based upon race, gender, and national origin.
[Vetoed as unnecessary since the US Constitution already prohibits any apportionment based upon factors which are "protected classes".]
Despite the sound reasoning for vetoing these bills, they likely will be reintroduced next legislative session when a new Governor is in place.