For example, the Workers’ Compensation Appeals Board (WCAB) has held that the employer is responsible for increased disability caused by work activity, even if the underlying disease process pre-existed the employment.1

In essence, the employee comes to the employment relationship with their pre-existing history and medical conditions. Therefore, the employer may be liable for benefits if the factors of employment caused those pre-existing conditions to worsen.

You may also be responsible for workers’ compensation benefits if the injury occurs as a “compensable consequence” of an earlier industrial injury. A Court of Appeal has held that an injury sustained in a car accident while en route to a medical treatment appointment for an industrial injury is also compensable, even though the original industrial injury did not directly “cause” the accident.2

You may also be responsible for injuries that did not originally occur at work, if the employment caused the condition to worsen. For example, in Weber v. United Parcel Service, Inc., the employee underwent several hearing tests administered at work by an independent contractor to determine if exposure to noise at work affected his hearing. He relied on the employer to evaluate the tests and tell him of any condition requiring further attention. Although the tests showed abnormalities, neither the employer nor the testing agency notified the employee. Many years later, the employee was diagnosed with a brain tumor.

Because of the delay in diagnosis, the employee was required to undergo more serious and invasive treatment than he would have if he had received treatment earlier.

The court ruled that the employee could not sue in civil court but could recover under workers’ compensation law. Although the origin of the condition was not work-related, the condition worsened because the employer failed to properly evaluate and communicate the hearing test results.3

Employees may also bring claims for psychiatric or emotional conditions that are the compensable consequence of an underlying physical injury for which the employer is liable. For example, an employee may claim that his leg was injured on the job by a forklift and that he now has a sleep disorder from the physical injury.

For injuries on or after January 1, 2013, SB 863 eliminated compensation for permanent impairment resulting from claims of sleep disorder, sexual dysfunction, and most psychiatric conditions, where those claims are alleged to result from an underlying physical injury.4 However, the employee is still entitled to receive medical treatment and temporary disability for these types of compensable consequence claims.

1. Escobedo v. Marshalls, 70 Cal. Comp. Cases 604 (Appeals Board en banc opinion) (2005)