CompFox AI Summary
The Workers' Compensation Appeals Board affirmed a prior award granting Gilbert Lopez benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The SIBTF contended that adjustments for diminished future earning capacity should be excluded when calculating the threshold percentage of permanent disability from the subsequent injury. The Board majority, adopting the judge's reasoning, found that these adjustments are permissible under current law, affirming eligibility. A dissenting opinion argued that such adjustments should be excluded, which would have rendered the applicant ineligible.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed a prior award granting Gilbert Lopez benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The SIBTF contended that adjustments for diminished future earning capacity should be excluded when calculating the threshold percentage of permanent disability from the subsequent injury. The Board majority, adopting the judge's reasoning, found that these adjustments are permissible under current law, affirming eligibility. A dissenting opinion argued that such adjustments should be excluded, which would have rendered the applicant ineligible.
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