Whether an injury is “independently capable of supporting an award” would determine if a pre-existing permanent disability is labor-disabling, the Workers' Compensation Appeals Board of California has said. In other words, the employee’s ability to work is not the deciding factor.

The case of Mayfield vs. Subsequent Injuries Benefits Trust Fund involved a workers’ compensation claim. Last June, the workers’ compensation administrative law judge made the following findings:

• The applicant failed to meet the Subsequent Injuries Benefits Trust Fund (SIBTF)’s eligibility requirements;
• The evidence was insufficient for her to establish that she suffered pre-existing labor-disabling disabilities before her subsequent injury;
• The opinions of Scott Anderson, M.D. did not amount to substantial medical evidence because they lacked basis.

The applicant asked the Workers' Compensation Appeals Board of California for reconsideration. She argued that the judge failed to give proper weight to her trial testimony. The judge also allegedly committed errors in determining the following: first, Dr. Anderson’s opinions were not substantial evidence; second, the applicant’s pre-existing conditions were not labor-disabling; and third, the applicant failed to meet the eligibility requirements under section 4751 of California’s Labor Code.

The panel of the Workers' Compensation Appeals Board agreed to reconsider the case and rescinded the judge’s findings and order.

The panel held that the...

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