If the applicant has received a prior award of PD, it shall be conclusively presumed that ...

If the applicant has received a prior award of PD, it shall be conclusively presumed that ...

• A. The prior PD exists at the time of any subsequent injury.
• B. The prior PD is extinguished after a subsequent injury.
• C. The prior PD exists only if the subsequent injury occurs within two years.
• D. The prior PD does not apply to subsequent injuries.

Answer: (C)

The key idea is how a prior permanent disability (PD) award can affect a new injury through a timing rule. If someone already has a PD award and then suffers a new injury, California law uses a two-year window to decide whether that prior PD still exists for the purposes of the new claim. The prior PD is conclusively presumed to exist at the time of the new injury only if the new injury occurs within two years of the prior PD award. If the subsequent injury happens more than two years after the prior award, the prior PD is presumed not to exist for the new claim. For example, if a PD award was given on a certain date and a new injury occurs within two years, that prior PD is treated as still in effect and can influence the impairment rating or apportionment for the new injury. If the new injury occurs after two years, the prior PD isn’t considered to exist for the new injury. This is why the correct choice specifies that the prior PD exists only if the subsequent injury occurs within two years. The other options imply unconditional or different timing rules that don’t match how this presumption operates.

The key idea is how a prior permanent disability (PD) award can affect a new injury through a timing rule. If someone already has a PD award and then suffers a new injury, California law uses a two-year window to decide whether that prior PD still exists for the purposes of the new claim. The prior PD is conclusively presumed to exist at the time of the new injury only if the new injury occurs within two years of the prior PD award. If the subsequent injury happens more than two years after the prior award, the prior PD is presumed not to exist for the new claim.

For example, if a PD award was given on a certain date and a new injury occurs within two years, that prior PD is treated as still in effect and can influence the impairment rating or apportionment for the new injury. If the new injury occurs after two years, the prior PD isn’t considered to exist for the new injury.

This is why the correct choice specifies that the prior PD exists only if the subsequent injury occurs within two years. The other options imply unconditional or different timing rules that don’t match how this presumption operates.