Home/Case Law/ELIZABETH COCHRAN vs. SUBSEQUENT INJURIES FUND, WINSHIP PROPERTIES, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ELIZABETH COCHRAN vs. SUBSEQUENT INJURIES FUND, WINSHIP PROPERTIES, STATE COMPENSATION INSURANCE FUND

Filed: Apr 28, 2016
San Francisco
ADJ2 701373 (SFO 0461093)

CompFox AI Summary

The applicant, Elizabeth Cochran, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision denying her claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits commencing earlier than September 4, 2013. The WCAB denied reconsideration, adopting the findings of the administrative law judge. The applicant argued that permanent total disability payments should begin upon the cessation of temporary disability, citing Brower v. David Jones Construction. However, the WCAB distinguished this case by noting the applicant's injury predated a relevant statutory amendment and that she sought SIBTF benefits, not permanent disability benefits, making Brower's analysis inapplicable.

Full Decision Text1 Pages

The applicant, Elizabeth Cochran, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision denying her claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits commencing earlier than September 4, 2013. The WCAB denied reconsideration, adopting the findings of the administrative law judge. The applicant argued that permanent total disability payments should begin upon the cessation of temporary disability, citing Brower v. David Jones Construction. However, the WCAB distinguished this case by noting the applicant's injury predated a relevant statutory amendment and that she sought SIBTF benefits, not permanent disability benefits, making Brower's analysis inapplicable.

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ELIZABETH COCHRAN vs. SUBSEQUENT INJURIES FUND, WINSHIP PROPERTIES, STATE COMPENSATION INSURANCE FUND (2016) – San Francisco | CompFox