Workers’ Compensation · Primary-source case analysis

Pasquotto: A Prior Compromise Is Not a Prior Disability Award but Still Matters to Causation

By Aneeta Mishra and Timothy Chan

Published April 29, 2026

Pasquotto distinguishes the conclusive presumption tied to a prior award from medical proof that an earlier condition caused part of present disability.

The earlier case ended by compromise and release

Eric Pasquotto resolved a prior industrial claim without a findings-and-award determination fixing a percentage of permanent disability. A later injury raised apportionment issues.

Settlement approval was not a prior disability award

An order approving compromise and release, standing alone, does not establish a prior award of permanent disability within section 4664(b). The statutory conclusive presumption therefore did not arise on that basis.

The earlier record could still prove causation

Medical reports and other evidence from the settled injury remained relevant under section 4663 to whether other factors caused current permanent disability. Medical rehabilitation does not automatically erase causal contribution.

Disposition

The Board rejected automatic subtraction under section 4664 but permitted causation-based apportionment if supported by substantial medical evidence.

Key takeaways

• Determine whether the prior disposition actually awarded disability.
• Do not equate settlement value with a disability percentage.
• Obtain the earlier medical record.
• Require substantial evidence connecting prior factors to current disability.