California Labor Code

§ 4754.1

LAB § 4754.1 Effective Jul 13, 2026Div. 4 · Part 2 · Ch. 2 · Art. 5

Statute text

(a)This section shall apply to all compensable subsequent injuries for which there has not been a final determination of SIBTF liability as of the date this section is operative.

(b)For purposes of determining eligibility for, and the amount of an award of, SIBTF benefits to be paid under this article, the existence of preexisting permanent partial disability that existed at the time of the subsequent compensable injury shall be determined by substantial evidence based on medical records, testimony, and other evidence in existence at the time of the subsequent industrial injury. A preexisting disability or impairment shall not be established by a retroactive prophylactic work restriction.

(c)Medical-legal evidence in a claim for SIBTF benefits pursuant to this article shall be obtained in the manner set forth in Article 2 (commencing with Section 4060) of Chapter 7 of Part 1. A claim for SIBTF benefits pursuant to this article shall be supported only by medical-legal evidence obtained in the course of the claim for the subsequent industrial injury, unless no evidence exists or the evaluator who opined in the claim for the subsequent industrial injury is no longer serving as an evaluator.

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Legislative history

Added by Stats. 2026, Ch. 83, Sec. 12. (SB 171) Effective July 13, 2026.