What is the test for a finding that a person sustained a particular disability which was not included in the permanent disability rating?

California, United States of America


The following excerpt is from Fidelity & Cas. Co. of New York v. Workmen's Compensation Appeals Bd., 252 Cal.App.2d 327, 60 Cal.Rptr. 442 (Cal. App. 1967):

In Hines v. Industrial Acc. Com., 215 Cal. 177, 8 P.2d 1021, upon review of the evidence the court concluded that it compelled a finding that the applicant sustained a particular disability in addition to those which had been found and rated. It said (p. 188, 8 P.2d p. 1026): 'As this disability was not included in the permanent disability rating, the award to that extent is not sufficient. The determination of the percentage of this disability is, of course, left to the sound discretion of the commission to be exercised in view of all the circumstances.'

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