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AB 1329

Workers' Compensation: Subsequent injuries payments.

2025-2026 Regular Session Introduced by Liz Ortega

AB 1329 updates California's workers' compensation for subsequent injuries, ensuring clearer assessments and eligibility for benefits, impacting disabled employees and insurers.

Consideration of Governor's veto pending.
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Bill Summary · AB 1329

Summary of AB 1329: Workers' Compensation: Subsequent Injuries Payments

Bill Overview

  • Bill Number: AB 1329
  • Title: Workers' Compensation: Subsequent Injuries Payments
  • Introduced: February 21, 2025
  • Status: Consideration of Governor's veto pending
  • Classification: Bill, Appropriation
  • Subject: Subsequent injuries payments, Workers' compensation

Purpose and Intent

AB 1329 aims to amend existing workers' compensation laws in California, specifically regarding the calculation and eligibility for benefits related to subsequent injuries sustained by employees who are already partially disabled. The bill seeks to clarify how permanent disabilities are assessed and compensated, particularly for injuries occurring after January 1, 2005.

Key Provisions

  1. Permanent Disability Assessment:

    • For injuries occurring between January 1, 2005, and January 1, 2013, permanent disability will be assessed using the whole person impairment rating as per the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment (5th Edition), considering diminished future earning capacity.
    • For injuries occurring on or after January 1, 2013, the assessment will similarly use the whole person impairment rating but will apply an adjustment factor of 1.4 instead of considering diminished future earning capacity.

  2. Subsequent Injuries Benefits Trust Fund:

    • The bill modifies eligibility for compensation from the Subsequent Injuries Benefits Trust Fund. To qualify for additional compensation, the subsequent injury must result in a permanent disability of 35% or more when considered alone, without regard to the employee's age or occupation.

  3. Special Additional Compensation:

    • For compensable subsequent injuries occurring on or after January 1, 2026, employees must provide substantial evidence that their prior permanent partial disability existed before the subsequent injury and affected their ability to earn or perform daily activities.
    • Employees must file applications for special additional compensation within 5 years of the subsequent injury or 1 year from the determination of the level of permanent disability, whichever is later.

  4. Database of Medical Evaluators:

    • The bill mandates the creation and maintenance of a database of qualified medical evaluators to assist in evaluating claims for subsequent compensable injuries.

  5. Changes in Payment Authority:

    • The bill replaces the State Compensation Insurance Fund (SCIF) with the Director of Industrial Relations as the entity responsible for paying additional compensation awarded by the Workers’ Compensation Appeals Board (WCAB).

Impact

  • Affected Parties: The bill primarily affects employees who are partially disabled and sustain subsequent injuries, as well as employers and insurance providers involved in the workers' compensation system.
  • Financial Implications: The bill includes appropriations to support the changes in eligibility and calculation for payments from the Subsequent Injuries Benefits Trust Fund.

Procedural Aspects

  • The bill has passed through various legislative committees and was enrolled and presented to the Governor on September 22, 2025. It was vetoed on October 3, 2025, and is currently pending consideration of that veto.

This summary provides a concise overview of AB 1329, outlining its purpose, key provisions, and potential impacts on California's workers' compensation system.

Compiled from official sources — confirm details with the bill’s official record.

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