Does the State Compensation Fund have to re-rate the disability of an employee who sustained two separate injuries at the same time, one of which was sustained in a motor vehicle accident?

The Fund argues that the rerating of the disabilities contravenes certain principles announced in State Compensation Ins. Fund v. Industrial Acc. Com. [Hutchinson] (1963) 59 Cal.2d 45, 27 Cal.Rptr. 702, 377 P.2d 902. That case dealt with two separate and successive industrial injuries. In July 1958, the employee sustained an injury jury to his neck. Based on a finding of minimal pain in the back of the neck extending to the shoulders and becoming 'slight' and 'moderate' with certain activities, the commission gave the applicant's disability a permanent disability rating of 26 percent. In November 1958, the employee sustained an injury to his back. The factors of disability were described as '[m]inimal low back pain increased to slight on heavy work.' The second disability was also rated at 26 percent. It was clear that while not identical, the two disabilities overlapped. The rating expert testified that if the factors for both awards were combined,[226 Cal.App.2d 153] the combined disability would warrant a rating of something more than 26 percent but less than 52 percent. The carrier for the employer contended that in the light of the above testimony, the second award represented an unwarranted pyramiding of compensation. The commission contended that if separate parts

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