Workers’ Compensation · Primary-source case analysis

Strong: A Prior Award for Another Body Region Can Still Overlap

By Aneeta Mishra and Timothy Chan

Published April 30, 2026

Strong extends the prior-award overlap analysis beyond matching anatomical regions by focusing on whether disability factors affect the same earning capacities.

The new injury involved a different region

The dispute concerned a current disability rating and an earlier permanent-disability award involving another body region. The parties disagreed whether section 4664 could apply at all.

Different regions do not preclude overlap

The Board held that disability from different body regions can affect the same abilities to compete and earn. Anatomical difference therefore does not end the inquiry.

Burdens remain divided

The defendant must prove the prior award. The prior disability is conclusively presumed to persist, but the worker may show that the prior and current disability factors do not overlap.

Disposition

The WCAB announced the cross-region framework and required substantially the same overlap principles used before Senate Bill 899. The evidence supporting each rating remains critical.

Key takeaways

• Secure the prior award and rating record.
• Compare functional disability factors, not anatomy alone.
• Place proof burdens correctly.
• Develop specific evidence of nonoverlap.