Labor Code section 4758
(a)
This section applies to a claim for SIBTF benefits that meets any of the following criteria:(1)
Prior to June 1, 2026, the Workers’ Compensation Appeals Board district office set a date for the trial regarding the claim for SIBTF benefits.(2)
Prior to June 1, 2026, a pretrial conference statement regarding the claim for SIBTF benefits was signed by counsel for the applicant or the applicant if unrepresented and by counsel for the director and filed with the Workers’ Compensation Appeals Board district office.(3)
(A)On or prior to June 1, 2026, a declaration of readiness to proceed requesting a mandatory settlement conference was filed with the Workers’ Compensation Appeals Board district office indicating that the SIBTF claim was ready to proceed to trial.(B)
Notwithstanding subparagraph (A), this section does not apply to a declaration of readiness to proceed requesting a mandatory settlement conference filed with the Workers’ Compensation Appeals Board district office on or prior to June 1, 2026, indicating that the SIBTF claim was ready to proceed to trial that was continued or taken off calendar because the claim was not ready to proceed to trial.(C)
A claim described in subparagraph (A) where the mandatory settlement conference is continued or taken off calendar because the parties have reached a settlement is subject to this section.(4)
The application for SIBTF benefits was filed with the Workers’ Compensation Appeals Board district office on or before July 1, 2020.(b)
For claims described in subdivision (a), all of the following provisions shall apply in lieu of Section 4751, 4753, 4753.5, and 4754, as those sections were amended by the act that added this section:(1)
If an employee who is permanently partially disabled receives a subsequent compensable injury resulting in additional permanent partial disability so that the degree of disability caused by the combination of both disabilities is greater than that which would have resulted from the subsequent injury alone, and the combined effect of the last injury and the previous disability or impairment is a permanent disability equal to 70 percent or more of total, they shall be paid in addition to the compensation due under this code for the permanent partial disability caused by the last injury compensation for the remainder of the combined permanent disability existing after the last injury as provided in this article; provided, that either (a) the previous disability or impairment affected a hand, an arm, a foot, a leg, or an eye, and the permanent disability resulting from the subsequent injury affects the opposite and corresponding member, and such latter permanent disability, when considered alone and without regard to, or adjustment for, the occupation or age of the employee, is equal to 5 percent or more of total, or (b) the permanent disability resulting from the subsequent injury, when considered alone and without regard to or adjustment for the occupation or the age of the employee, is equal to 35 percent or more of total.(2)
Such additional compensation is not in addition to but shall be reduced to the extent of any monetary payments received by the employee, from any source whatsoever, for or on account of such preexisting disability or impairment, except as to payments being made to the employee or to which they are entitled as a pension or other compensation for disability incurred in service in the Armed Forces of the United States, and except as to payments being made to the employee or to which the employee is entitled as assistance under the provisions of Chapter 2 (commencing with Section 11200), Chapter 3 (commencing with Section 12000), Chapter 4 (commencing with Section 12500), Chapter 5 (commencing with Section 13000), or Chapter 6 (commencing with Section 13500) of Part 3, or Part 5 (commencing with Section 17000), of Division 9 of the Welfare and Institutions Code, and excluding from such monetary payments received by the employee for or on account of such preexisting disability or impairment a sum equal to all sums reasonably and necessarily expended by the employee for or on account of attorney’s fees, costs, and expenses incidental to the recovery of such monetary payments.(3)
In any hearing, investigation, or proceeding, the state shall be represented by the Attorney General, or the attorneys of the Department of Industrial Relations, as appointed by the director. Expenses incident to representation, including costs for investigation, medical examinations, other expert reports, fees for witnesses, and other necessary and proper expenses, but excluding the salary of any of the Attorney General’s deputies, shall be reimbursed from the Workers’ Compensation Administration Revolving Fund. No witness fees or fees for medical services shall exceed those fees prescribed by the appeals board for the same services in those cases where the appeals board, by rule, has prescribed fees. Reimbursement pursuant to this section shall be in addition to, and in augmentation of, any other appropriations made or funds available for the use or support of the legal representation.(4)
The appeals board shall fix and award the amounts of special additional compensation to be paid under this article, and shall direct the director, as trustee or administrator of SIBTF, to pay the additional compensation so awarded. Such additional compensation may be paid only from funds appropriated for such purpose. Out of any such appropriation the fund may reimburse itself for the cost of service rendered in payment of compensation awards pursuant to this article and maintenance of accounts and records pertaining thereto, which cost shall not exceed 5 percent of the amount of award paid.(c)
Section 4750, 4754.1, 4754.2, 4754.3, and 4757, as amended by the act that added this section, shall not apply to claims described in subdivision (a).(d)
This section shall become inoperative on July 1, 2031, and, as of January 1, 2032, is repealed.
Source:
Section 4758, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=4758. (updated Jul. 13, 2026; accessed Jul. 27, 2026).
