§23-4-9b. Preexisting impairments not considered in fixing amount
of compensation.
Where an employee has a definitely ascertainable impairment
resulting from an occupational or a nonoccupational injury, disease
or any other cause, whether or not disabling, and the employee
thereafter receives an injury in the course of and resulting from
his or her employment, unless the subsequent injury results in
total permanent disability within the meaning of section one,
article three of this chapter, the prior injury, and the effect of
the prior injury, and an aggravation, shall not be taken into
consideration in fixing the amount of compensation allowed by
reason of the subsequent injury. Compensation shall be awarded
only in the amount that would have been allowable had the employee
not had the preexisting impairment. Nothing in this section
requires that the degree of the preexisting impairment be
definitely ascertained or rated prior to the injury received in the
course of and resulting from the employee's employment or that
benefits must have been granted or paid for the preexisting
impairment. The degree of the preexisting impairment may be
established at any time by competent medical or other evidence.
Notwithstanding the foregoing provisions of this section, if the
definitely ascertainable preexisting impairment resulted from an
injury or disease previously held compensable and the impairment
had not been rated, benefits for the impairment shall be payable to
the claimant by or charged to the employer in whose employ the injury or disease occurred. The employee shall also receive the
difference, if any, in the benefit rate applicable in the more
recent claim and the prior claim.