Bill would allow age to be used in disability determinations

California lawmakers have passed a bill that removes “age” and “genetic characteristics” from the list of protected factors that may not be considered in an injured worker’s apportionment of permanent disability.

S.B. 788, which unanimously passed the California Assembly on Thursday and unanimously passed the state Senate in June, would continue to forbid race, religious creed, color, national origin, gender, marital status, sex, sexual identity and sexual orientation to be used to deny an injured worker a full disability benefit.

The legislation heads back to the Assembly for concurrence on pending amendments.