CompFox AI Summary
The WCAB affirmed the trial judge's decision, finding no apportionment of the applicant's current 13% permanent disability from prior injuries to his right shoulder and back. The Board concluded the defendant failed to meet its burden of proof by presenting substantial evidence demonstrating overlap between prior and current disabilities. Crucially, a prior settlement via Compromise and Release does not constitute a "prior award of permanent disability" triggering a presumption of continuance under Labor Code section 4664(b).
Full Decision Text1 Pages
The WCAB affirmed the trial judge's decision, finding no apportionment of the applicant's current 13% permanent disability from prior injuries to his right shoulder and back. The Board concluded the defendant failed to meet its burden of proof by presenting substantial evidence demonstrating overlap between prior and current disabilities. Crucially, a prior settlement via Compromise and Release does not constitute a "prior award of permanent disability" triggering a presumption of continuance under Labor Code section 4664(b).
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