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This en banc decision holds that Labor Code section 4664 requires apportionment of overlapping permanent disabilities from prior awards, even when involving different body regions. It establishes that the defendant must prove the prior award exists, after which the disability is conclusively presumed to exist, and the burden shifts to the applicant to disprove that the old and new disabilities overlap in their effect on the ability to compete and earn.
JACK C. STRONG vs. CITY & COUNTY OF SAN FRANCISCO is a workers' compensation case decided in SAN FRANCISCO. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in SAN FRANCISCO.
Full Decision Text1 Pages
This en banc decision holds that Labor Code section 4664 requires apportionment of overlapping permanent disabilities from prior awards, even when involving different body regions. It establishes that the defendant must prove the prior award exists, after which the disability is conclusively presumed to exist, and the burden shifts to the applicant to disprove that the old and new disabilities overlap in their effect on the ability to compete and earn.
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