If an applicant received a prior award for PD, what is presumed regarding subsequent injuries?

• A. It is presumed that no prior PD exists
• B. It is conclusively presumed that prior PD exists
• C. It does not affect future awards
• D. It is subject to review

Answer: (B)

When an applicant has received a prior award for permanent disability (PD), it creates a presumption that the prior PD still exists for any subsequent injuries the applicant may experience. This means that, in the context of evaluating the impact of future injuries, the earlier award serves as a significant factor in determining the person's overall status and potential additional compensation.

The underlying principle here is that once a PD award has been granted, it establishes a documented history of disability that can be taken into consideration for future claims. This presumption does not need to be proven anew with each subsequent claim; rather, it is accepted as a factual basis unless evidence suggests otherwise. In many jurisdictions, prior awards are recognized as having lasting implications, due to their effect on the applicant's overall capacity for work and the cumulative nature of disability.

While it is possible for future cases to be subject to evidence that could challenge the presumption, such as demonstrating a complete recovery or new medical evaluations, the default stance is that the existence of prior PD is conclusive until proven otherwise. Thus, the correct answer captures this critical aspect of how prior PD awards influence subsequent injury evaluations in workers' compensation or related contexts.