Department of Corrections & Rehabilitation v. Workers' Compensation Appeals Board

INTRODU CTION

In 2004, as part of a comprehensive reform of workers’ compensation law adopted as urgency legislation, the Legislature enacted Senate Bill No. 899 (2003-2004 Reg. Sess.) (Senate Bill 899), which contained a provision that, on its face, required every permanent disability award to be apportioned to the extent that the disability did not arise out of and in the course of employment. (Lab. Code, § 4663, added by Stats. 2004, ch. 34, § 34, eff. Apr. 19, 2004.) But the Legislature did not repeal or amend previously enacted provisions, which had established a different rule for public safety officers: (1) any specified injury or illness which developed or manifested itself during the officer’s service was rebuttably (“disputably”) presumed to have arisen out of and in the course of employment; (2) absent controverting evidence, the Workers’ Compensation Appeals Board (WCAB) had to find in accordance with this presumption; and (3) the injury or illness could not be attributed to any preexisting disease. (§§ 3212-3213.2.)

An uncodified section of the 2004 legislation provided: “The amendment, addition, or repeal of, any provision of law made by this act shall…