Bill requires negative impact of preexisting disability for second-injury benefits

Injured workers seeking benefits from California’s second injury fund would be required to prove that they suffered a negative impact from the preexisting disability under a recently amended bill that the Assembly Insurance Committee is scheduled to hear Wednesday.

A.B. 1329, as amended Monday, would require that the preexisting disability negatively impacts the person’s ability to work or perform activities of daily living.

The Subsequent Injuries Benefits Trust Fund provides supplemental benefits when the combined effect of a second injury and a preexisting impairment results in a permanent disability rating of at least 70%.

The amended bill would also require that the existence of a preexisting disability be determined in some instances by substantial evidence based on prior records and testimony that predate the subsequent compensable injury. The new section would also require that medical-legal evidence be obtained in the same way as it is for other work comp cases and require the Division of Workers’ Compensation to maintain a database of qualified medical evaluators for SIBTF cases.

The bill would also require “that the prior permanent partial disability resulted in loss of earnings, interfered with work activities of the employee, or otherwise impacted the ability of the employee to perform work activities or activities of daily living” for an injured worker to be entitled to benefits.

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