CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine apportionment of permanent disability following a subsequent injury, considering a prior compromise and release (C&R). The WCAB held that the prior C&R, without specific disability percentage stipulations, does not create a conclusive presumption of prior permanent disability under Labor Code § 4664(b). However, the prior injury evidence remains relevant for apportionment based on causation under Labor Code § 4663, remanding the case for further proceedings to determine the percentage of disability attributable to the current injury versus "other factors."
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine apportionment of permanent disability following a subsequent injury, considering a prior compromise and release (C&R). The WCAB held that the prior C&R, without specific disability percentage stipulations, does not create a conclusive presumption of prior permanent disability under Labor Code § 4664(b). However, the prior injury evidence remains relevant for apportionment based on causation under Labor Code § 4663, remanding the case for further proceedings to determine the percentage of disability attributable to the current injury versus "other factors."
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.