News · July 13, 2026

SB 171 Rewrites the Subsequent Injuries Fund: WPI Doors, a Hard Deadline, Locked Evidence

The biggest structural change to California workers’ comp this year landed with a budget trailer bill: SB 171 (Stats. 2026, ch. 83), effective July 13, 2026, rewrote the Subsequent Injuries Benefits Trust Fund. The 70% combined-disability floor survives, but nearly everything around it moved.

The entry doors are now WPI, after apportionment

Amended §4751 restates both entry doors as whole person impairment percentages “considered alone, after apportionment”: 35% for the standalone door, 5% where a prior hand, arm, foot, leg, or eye disability pairs with a new injury to the opposite member. The old formulation — the subsequent injury’s rating “without regard to, or adjustment for, the occupation or the age of the employee” — is gone. Two new bars: a worker whose industrial injury alone is 100% cannot collect SIBTF on top, and a worker paid a 100%-combined SIBTF award cannot apply again.

Evidence is locked to what existed at the time of injury

New §4754.1 requires preexisting permanent disability to be proven by evidence in existence at the time of the subsequent injury — and says outright that a retroactive prophylactic work restriction cannot establish it. Medical-legal evidence generally must come from the underlying claim’s evaluation, new med-legal cannot relitigate the underlying injury, and vocational reports obtained solely for the SIBTF proceeding are inadmissible with non-reimbursable costs.

A statute of limitations, at last — and a payment clock

New §4754.2 sets the first hard SIBTF deadline: the application is due five years from the subsequent injury or six months from resolution of permanent disability in the underlying case (C&R, stipulations, or findings and award), whichever is later — and §3202’s liberal-construction rule expressly cannot extend it. In the other direction, once SIBTF liability is finally determined, payments must begin within 30 days.

What it means in practice: SIBTF eligibility now reads straight off the rating file — the WPI numbers in the string, after apportionment — and the filing clock starts sprinting the moment PD resolves. Full framework, current to the new law: the SIBTF guide · price the standalone injury.

Primary sources
Lab. Code §4751 as amended (leginfo)
Lab. Code §4754.1 (new — evidence rules)
Lab. Code §4754.2 (new — statute of limitations)

Plain-language summary for informational use; not legal advice. Figures are quoted from the cited sources.