California Labor Codes 4750.5

Ashley v. WCAB

Note: Employer need not compensate a worker for a disability from a preexisting perm. disability.

Morgan v. WCAB

Note: Objection to reopen waived by failure to recon; Board must describe all disability, up to evaluator to decide MDT vs duplication.

Mihesuah v. WCAB

Note: The MDT is only a guide and the disability evaluator may rely on his expertise only.

Fresno Unif. School Dist. v. WCAB

Note: Unrelated noncompensable injury means a disabling event which, had it been work-related, would be compensable under the worker's compensation laws; Apportionment requires pre-existing labor disability.

Kopping v. WCAB

Note: If section 4664(b) is understood as representing the Legislature�s common sense recognition that there can be no recovery from a permanent disability, then there is no inconsistency between that statute and section 4664(a).

Mills v. WCAB

Note: The new apportionment provisions in Senate Bill No. 899 became effective immediately and must be applied to all pending cases 'not yet final at the time of the legislative enactment on April 19, 2004, regardless of the earlier dates of injury and any interim decision.'

Davis v. WCAB and Allied Security, et al., and Torres v. WCAB and Williams Tank Lines et al.

Note: When an employee's overall permanent disability is subject to apportionment for a preexisting disability the calculation of compensation is to be made by subtracting the preexisting percentage of permanent disability from the overall percentage of permanent disability.