AB-1329
Labor & Employment

Workers’ Compensation: Subsequent injuries payments.

Engrossed
CA
2025-2026 Regular Session
0
0
Track

Key Takeaways

  • Revises workers' compensation rules for employees who suffer multiple work injuries after January 1, 2026.
  • Requires medical evidence to prove prior disabilities impacted work ability before awarding additional benefits.
  • Creates a new database of qualified medical evaluators to assess subsequent injury claims.
  • Transfers payment authority from State Insurance Fund to Director of Industrial Relations.

Summary

Assembly Member Ortega's workers' compensation reform legislation revises how California calculates and administers benefits for employees who sustain multiple workplace injuries. The bill modifies permanent disability measurements for subsequent injuries, establishing distinct calculation methods based on when injuries occurred. For injuries between 2005 and 2012, disability ratings incorporate diminished future earning capacity, while those after 2013 apply a standardized 1.4 adjustment factor.

The legislation transfers payment administration from the State Compensation Insurance Fund to the Director of Industrial Relations, who will oversee the Subsequent Injuries Benefits Trust Fund. For injuries occurring after January 1, 2026, the bill requires substantial evidence that prior permanent partial disabilities impacted earnings or work capabilities before subsequent injury compensation can be awarded. To support these determinations, the Administrative Director must create and maintain a database of qualified medical evaluators specifically trained in assessing subsequent injury claims.

The measure establishes a $50,000 revolving fund for the Director to manage compensation payments and adjusting services. State representation in related proceedings will be provided by either the Attorney General or Department of Industrial Relations attorneys, with expenses reimbursed through the Workers' Compensation Administration Revolving Fund. The Appeals Board retains authority to determine compensation amounts, which the Director must then disburse from the trust fund.

Key Dates

Next Step
Referred to the Senate Standing Committee on Labor, Public Employment and Retirement
Next Step
Senate Committee
Referred to the Senate Standing Committee on Labor, Public Employment and Retirement
Hearing has not been scheduled yet
Vote on Assembly Floor
Assembly Floor
Vote on Assembly Floor
AB 1329 Ortega Assembly Third Reading
Assembly Appropriations Hearing
Assembly Committee
Assembly Appropriations Hearing
Do pass
Assembly Insurance Hearing
Assembly Committee
Assembly Insurance Hearing
Do pass and be re-referred to the Committee on [Appropriations]
Introduced
Assembly Floor
Introduced
Introduced. To print.

Contacts

Profile
Maria DurazoD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Dave CorteseD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
John LairdD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Liz OrtegaD
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Lola Smallwood-CuevasD
Senator
Committee Member
Not Contacted
Not Contacted
0 of 5 row(s) selected.
Page 1 of 1
Select All Legislators
Profile
Maria DurazoD
Senator
Committee Member
Profile
Dave CorteseD
Senator
Committee Member
Profile
John LairdD
Senator
Committee Member
Profile
Liz OrtegaD
Assemblymember
Bill Author
Profile
Lola Smallwood-CuevasD
Senator
Committee Member

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Liz Ortega
Liz OrtegaD
California State Assembly Member
40% progression
Bill has passed all readings in its first house and is ready to move to the other house (6/3/2025)

Latest Voting History

June 3, 2025
PASS
Assembly Floor
Vote on Assembly Floor
AyesNoesNVRTotalResult
6311579PASS

Key Takeaways

  • Revises workers' compensation rules for employees who suffer multiple work injuries after January 1, 2026.
  • Requires medical evidence to prove prior disabilities impacted work ability before awarding additional benefits.
  • Creates a new database of qualified medical evaluators to assess subsequent injury claims.
  • Transfers payment authority from State Insurance Fund to Director of Industrial Relations.

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Liz Ortega
Liz OrtegaD
California State Assembly Member

Summary

Assembly Member Ortega's workers' compensation reform legislation revises how California calculates and administers benefits for employees who sustain multiple workplace injuries. The bill modifies permanent disability measurements for subsequent injuries, establishing distinct calculation methods based on when injuries occurred. For injuries between 2005 and 2012, disability ratings incorporate diminished future earning capacity, while those after 2013 apply a standardized 1.4 adjustment factor.

The legislation transfers payment administration from the State Compensation Insurance Fund to the Director of Industrial Relations, who will oversee the Subsequent Injuries Benefits Trust Fund. For injuries occurring after January 1, 2026, the bill requires substantial evidence that prior permanent partial disabilities impacted earnings or work capabilities before subsequent injury compensation can be awarded. To support these determinations, the Administrative Director must create and maintain a database of qualified medical evaluators specifically trained in assessing subsequent injury claims.

The measure establishes a $50,000 revolving fund for the Director to manage compensation payments and adjusting services. State representation in related proceedings will be provided by either the Attorney General or Department of Industrial Relations attorneys, with expenses reimbursed through the Workers' Compensation Administration Revolving Fund. The Appeals Board retains authority to determine compensation amounts, which the Director must then disburse from the trust fund.

40% progression
Bill has passed all readings in its first house and is ready to move to the other house (6/3/2025)

Key Dates

Next Step
Referred to the Senate Standing Committee on Labor, Public Employment and Retirement
Next Step
Senate Committee
Referred to the Senate Standing Committee on Labor, Public Employment and Retirement
Hearing has not been scheduled yet
Vote on Assembly Floor
Assembly Floor
Vote on Assembly Floor
AB 1329 Ortega Assembly Third Reading
Assembly Appropriations Hearing
Assembly Committee
Assembly Appropriations Hearing
Do pass
Assembly Insurance Hearing
Assembly Committee
Assembly Insurance Hearing
Do pass and be re-referred to the Committee on [Appropriations]
Introduced
Assembly Floor
Introduced
Introduced. To print.

Latest Voting History

June 3, 2025
PASS
Assembly Floor
Vote on Assembly Floor
AyesNoesNVRTotalResult
6311579PASS

Contacts

Profile
Maria DurazoD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Dave CorteseD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
John LairdD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Liz OrtegaD
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Lola Smallwood-CuevasD
Senator
Committee Member
Not Contacted
Not Contacted
0 of 5 row(s) selected.
Page 1 of 1
Select All Legislators
Profile
Maria DurazoD
Senator
Committee Member
Profile
Dave CorteseD
Senator
Committee Member
Profile
John LairdD
Senator
Committee Member
Profile
Liz OrtegaD
Assemblymember
Bill Author
Profile
Lola Smallwood-CuevasD
Senator
Committee Member