Burl Gene Condit vs. CITY OF MODESTO, Permissibly Self-Insured

In this case, the applicant sought reconsideration of a workers' compensation award that significantly reduced his permanent disability benefits due to apportionment based on prior injuries. The Workers' Compensation Appeals Board granted reconsideration, finding the trial judge erred by placing the burden on the applicant to prove lack of overlap. The Board clarified that under Labor Code section 4664, the defendant bears the burden of proving that prior permanent disability overlaps with the current disability. Consequently, the case was returned to the trial level for further proceedings on the issue of overlap.