Workers’ Compensation Subsequent Injury Payments

Labor Code Division 4, Part 2, Chapter 2, Article 5 deals with subsequent injuries payments under the California workers’ compensation laws.

Section 4751 provides that, if an employee who is permanently partially disabled receives a subsequent compensable injury resulting in additional permanent partial disability so that the degree of disability caused by the combination of both disabilities is greater than that which would have resulted from the subsequent injury alone, and the combined effect of the last injury and the previous disability or impairment is a permanent disability equal to 70 percent or more of total, he or she is paid in addition to the compensation due for the permanent partial disability caused by the last injury compensation for the remainder of the combined permanent disability existing after the last injury as provided in this article.

Section 4753 states that this additional compensation is not in addition to but is reduced to the extent of any monetary payments received by the employee, from any source whatsoever, for or on account of such preexisting disability or impairment, except as to payments being made to the employee or to which he is entitled as a pension or other compensation for disability incurred in service in the armed forces of the United States.

Section 4753.5 says that, in any hearing, investigation, or proceeding, the state is represented by the Attorney General, or the attorneys of the Department of Industrial Relations, as appointed by the director. Expenses incident to representation must be reimbursed from the Workers’ Compensation Administration Revolving Fund.

Section 4754 requires the appeals board to fix and award the amounts of special additional compensation to be paid under this article, and direct the State Compensation Insurance Fund to pay the additional compensation awarded. Additional compensation may be paid only from funds appropriated for this purpose.

Section 4754.5 explains that nothing in this article impairs the right of the Attorney General or the Department of Industrial Relations to release by compromise any claims brought under the provisions of this article. No compromise and release agreement is valid unless it is approved by the appeals board.

Section 4755 authorizes the State Compensation Insurance Fund to draw from the State Treasury out of the Subsequent Injuries Benefits Trust Fund for the purposes specified, without at the time presenting vouchers and itemized statements, a sum not to exceed in the aggregate $50,000, to be used as a cash revolving fund.

Expenditures made from the revolving fund in payments on claims for any additional compensation and for adjusting services are exempted from the operation of law. Reimbursement of the revolving fund for these expenditures is made upon presentation to the Controller of an abstract or statement of the expenditures. The abstract or statement must be in any form as the Controller requires.

Section 4756 contains a statement of legislative intent. A person cannot be prohibited from receiving compensation paid or payable from the Subsequent Injuries Benefits Trust Fund solely because of his or her citizenship or immigration status.