What is the effect of section 4750.5 of the California Labor Code on an employee who sustained a non-compensable injury as a result of a motor vehicle accident?

California, United States of America


The following excerpt is from Ashley v. Workers' Comp. Appeals Bd., 37 Cal.App.4th 320, 43 Cal.Rptr.2d 589 (Cal. App. 1995):

In addition to sections 4750 and 4663, which apply to impairments and diseases preexisting the employment, section 4750.5 was added to the Labor Code in 1983. 5 It applies to subsequent injuries, and provides: "An employee who has sustained a compensable injury and who subsequently sustains an unrelated noncompensable injury, shall not receive permanent disability indemnity for any permanent disability caused solely by the subsequent noncompensable injury. [p] The purpose of this section is to overrule the decision in Jensen v. WCAB, 136 Cal.App.3d 1042 [186 Cal.Rptr. 570.]" (Italics added; fn. omitted.)

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