Rielli

We granted the petition for writ of review in this case in order to examine the resolution by the Workers’ Compensation Appeals Board (board) of an unusual factual situation arising under Wilkinson v. Workers' Comp. Appeals Bd. (1977) 19 Cal.3d 491 [ 138 Cal.Rptr. 696 , 564 P.2d 848 ]. We conclude that the evidentiary record is insufficient, both as support for the board’s decision and alternatively as a basis upon which we might direct the appropriate resolution of the case. Accordingly, we annul the board’s decision and remand the case.

We first briefly state the applicable law, in order to illuminate our recitation of the facts. As a general rule, an employee who at the time he suffers an occupational injury is suffering from a “previous permanent disability” (Lab. Code, § 4750) or a “disease existing prior to” (Lab. Code, § 4663) that injury may only recover compensation for that portion of his resulting disability that is attributable solely to the injury in question. In Wilkinson v. Workers’ Comp. Appeals Bd., supra, 19 Cal. 3d 491 , the Supreme Court created what may be viewed as a qualification upon that general rule. Faced with an employee who suffered two…