Khanuja Law
  • Home
  • About
  • Practice Areas
  • Legal News
  • Refer a Claim
  • Contact
  • en
    • en
    • es

Languages

Aggressively advocating for each win, one client at a time.
khanuja law 54
November 26, 2020

Legal Update: Limitation on Scope of Hikida

On May 27, 2020, in County of Santa Clara v. WCAB(Justice), the 6th District Court of Appeals held that permanent disability could be apportioned to non-industrial factors pursuant to Labor Code Section 4663 following industrial medical or surgical treatment regardless if it is directly caused by the work-related injury. The holding follows the finding in Petaluma which states that when there is unrebutted substantial medical evidence that non-industrial factors caused permanent disability, permanent disability shall be apportioned pursuant to the Labor Code. The non-industrial factors include pathology, asymptomatic prior conditions and retroactive prophylactic work preclusions. The Applicant in this matter had non-industrial, preexisting knee degeneration that caused 50% of the resulting post-surgical permanent disability.

The Court provided a narrow interpretation of Hikida finding that it only precludes apportionment when the sole cause of the permanent disability is the industrial medical treatment. Here, the industrial medical treatment did not result in a new compensable consequential injury and the permanent disability was not caused solely by the industrial medical treatment. In sum, the facts of both cases differ but the Court’s interpretation of Hikida limits its scope and applicability.

Learn More
Khanuja Law
645 W. 9th Street #110-147
Los Angeles, CA 90015

Tel. (310) 861-2625
Fax. (310) 504-2777

Business Hours:
Monday - Friday:
8.00 am–5.00 pm

Saturday - Sunday : Closed

Subscribe to Our Newsletter to Receive The Latest Legal News
Loading
Clients’ ChoiceAward 2024

Avvo Rating

Super Lawyers 2025 Badge

Expertise 2025 Badge

Top Pasadena Attorneys 2024

Justia Lawyer Rating for Neelu K. Khanuja

State Bar Certified

Disclaimer: The information contained in the Khanuja Law website has been abridged from various sources and should not be construed as legal advice nor opinion, and it is not a substitute for the advice of counsel. The information provided by Khanuja Law on this website is intended to provide general information regarding workers’ compensation, labor and employment law attorney services for any and all past, present or future clients in the Southern California area. This website is not intended for viewing or usage by European Union citizens.
© Copyright Khanuja Law. All Rights Reserved. Privacy Policy