California § 4754.1 - This section shall apply to all compensable subsequent injuries for which there h

§ 4754.1. This section shall apply to all compensable subsequent injuries for which there h

(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. (d) Any new medical-legal evidence in a claim for SIBTF benefits pursuant to this article shall not be used to establish liability for a subsequent industrial injury or the level of the subsequent injury disability. The underlying claim for regular benefits shall not be relitigated in the claim for SIBTF benefits. (e) Vocational rehabilitation reports, or other vocational evidence, obtained solely for a proceeding pursuant to this article that were not obtained for use as evidence in the proceeding for compensation for the subsequent compensable injury are not admissible, and the costs of those reports shall not be reimbursable in proceedings under this article. (f) The director may issue regulations as necessary for the implementation and orderly and effective administration of this article.