Workers’ Compensation · Primary-source case analysis

Todd: Nonoverlapping Disabilities Are Added When Calculating SIBTF Liability

By Aneeta Mishra and Timothy Chan

Published May 22, 2026

Decision: Todd v. Subsequent Injuries Benefits Trust Fund, No. ADJ7475146 (WCAB June 23, 2020) (en banc).

Richard Todd, a former police officer, received a 100-percent permanent-disability award after prior stipulated disabilities and a later cumulative injury were added for purposes of Cal. Lab. Code § 4751.

Section 4751 governed the combination

The statutory phrase combined permanent disability did not mandate use of the Combined Values Chart for successive disabilities.

Nonoverlapping disabilities were added

Prior and subsequent percentages could be added when their disabling effects did not overlap.

SIBTF liability required monetary subtraction

The fund owed the monetary value of the combined permanent disability less the compensation due for the subsequent injury and allowable section 4753 credits.

The supported award was affirmed

The Board rejected the fund’s lower combined-values calculation and affirmed the findings and award.

Key takeaways

• Identify each prior and subsequent disability.
• Analyze overlap before selecting a combination method.
• Calculate the subsequent-injury award separately.
• Document every claimed section 4753 credit.