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What does ‘Labor Disabling’ Mean Under Calif. Workers’ Comp. Law and What does it have to do with ‘Preexisting’?

22 Jul, 2026 Frank Ferreri

                               
Glossary Check

If a worker experiences a "labor-disabling" injury in California, what the means is accessible on Simply Research, but here are the highlights.

“Labor disabling” means one of the following that resulted in a loss of earnings, interfered with the employee’s work activity in the occupation or occupations in which the employee was employed, or otherwise had a demonstrable impact on the employee’s ability to perform work activity:

(A) An impairment that resulted in an award of permanent partial disability.

(B) A nonindustrial impairment that could support an award of permanent partial disability.

What about Preexisting Disabilities?

A preexisting disability is not labor disabling if treatable by medication or the use of a medical device so that the employee engaged in employment without incapacity to do work.

“Preexisting disability” or “preexisting disability or impairment” means a disability that meets both the following criteria:

(1) Existed prior to the subsequent industrial injury.

(2) Was labor disabling at the time of the subsequent industrial injury.

What about Subsequent Injuries?

“SIBTF” means the Subsequent Injuries Benefits Trust Fund.

“SIBTF benefits” means additional permanent disability payments due to an eligible employee under this article.

“Subsequent industrial injury” or “subsequent compensable injury” means a compensable industrial injury that is asserted as the basis for a claim for SIBTF benefits.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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