CompFox AI Summary
The Workers' Compensation Appeals Board affirmed the August 16, 2021 Findings of Fact and Order to Take Nothing on SIBTF Petition. Applicant Hadrian Lara sought reconsideration, contending that the non-industrial apportionment of his hypertension proved a pre-existing permanent partial disability for SIBTF eligibility. The Board clarified that apportionment determines present disability causation and does not automatically establish a pre-existing, labor-disabling condition as required for SIBTF benefits under Labor Code section 4751.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed the August 16, 2021 Findings of Fact and Order to Take Nothing on SIBTF Petition. Applicant Hadrian Lara sought reconsideration, contending that the non-industrial apportionment of his hypertension proved a pre-existing permanent partial disability for SIBTF eligibility. The Board clarified that apportionment determines present disability causation and does not automatically establish a pre-existing, labor-disabling condition as required for SIBTF benefits under Labor Code section 4751.
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