If an applicant has a prior PD award, what is the presumption about the prior PD existing at the time of a subsequent injury?

• A. Not enough information
• B. Cannot be determined
• C. True
• D. False

Answer: (C)

In California workers’ comp, when there’s a prior permanent disability award and a new injury occurs, there’s a default presumption that the prior permanent disability existed at the time of the subsequent injury. This helps determine how much of the overall permanent disability is attributed to the old impairment versus the new injury, preventing double counting. The presumption sets the baseline for apportionment, meaning the prior disability is treated as part of the sum to be considered unless medical evidence shows otherwise. So the statement is true: the prior PD is presumed to exist at the time of the later injury.