CompFox AI Summary
The applicant sought reconsideration of a decision denying Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the finding that the applicant failed to prove a disabling pre-existing condition before her 2001 injury or a combined permanent disability of at least 70%. The WCAB found the administrative law judge properly relied on the AME's orthopedic opinion and disregarded an older report, also noting the applicant's attorney improperly submitted deposition testimony not in evidence. The attorney was admonished for improper evidence submission and potentially sanctionable conduct.
Full Decision Text1 Pages
The applicant sought reconsideration of a decision denying Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the finding that the applicant failed to prove a disabling pre-existing condition before her 2001 injury or a combined permanent disability of at least 70%. The WCAB found the administrative law judge properly relied on the AME's orthopedic opinion and disregarded an older report, also noting the applicant's attorney improperly submitted deposition testimony not in evidence. The attorney was admonished for improper evidence submission and potentially sanctionable conduct.
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