In the days following World War II, the California legislature sought to encourage California Commerce to hire combat victims left with impairments. That legislative body did this by enacting Labor Code §4651 and §4652. These laws empower injured workers with preexisting disabilities and who suffer an overall disability of 70% or more.
When the claimant suffers 70% or more overall disability as a combined consequence of preexisting labor disabling conditions in conjunction with the impairments tied to the last injury on-the-job, that claimant stands to recover monetary payments payable as if all of the entitlement stems from the subsequent industrial injury. This enhancement greatly augments the overall compensation payable to the claimant.
To establish this lucrative monetary enhancement, the claimant bears the burden of proof that must include evidence that precisely and persuasively outlines the level of preexisting disability and how it contributes to the post-subsequent industrial injury and consequential disability.
The claimant often referred to as, Applicant, bears the burden of establishing elements of labor-impairing disability through expert evidence, which will inevitably be required. This kind of evidence is traditionally obtained under the supervision of a work comp legal specialist.
The “touchy” matter of acquiring this substantial expert evidence is sometimes challenging and always the quest of the claimant’s attorney. That’s what we are trained for.