The fact that an employee has suffered a previous disability, or received compensation therefor, does not preclude him from compensation for a later injury, or his dependents from compensation for death resulting therefrom, but in determining compensation for the later injury, or death resulting therefrom, his average weekly earnings shall be fixed at the sum which reasonably represents his earning capacity at the time of the later injury.
Cal. Lab. Code § 4459
Average Earnings
Applied in 1 court decision — leading case 43 Cal. App. 2d 233 - State Compensation Insurance Fund v. Industrial Accident Commission (1941)
Most recently applied in 43 Cal. App. 2d 233 - State Compensation Insurance Fund v. Industrial Accident Commission (February 1941)
Enacted by Stats. 1937, Ch. 90.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.