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The applicant sought reconsideration of a prior order denying benefits from the Subsequent Injuries Benefits Fund (SIF). The Administrative Law Judge found the applicant did not establish a permanent disability of 35% or more from a subsequent injury alone, a requirement for SIF benefits under Labor Code § 4751. The Appeals Board denied reconsideration, holding that the applicant's two industrial injuries to the same body parts could not be combined to meet the 35% threshold, citing the binding en banc decision in Hernandez. Therefore, the applicant failed to meet her burden of proof for SIF benefits.
JACQUELINE ERSKINE vs. EOS; AIG is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The applicant sought reconsideration of a prior order denying benefits from the Subsequent Injuries Benefits Fund (SIF). The Administrative Law Judge found the applicant did not establish a permanent disability of 35% or more from a subsequent injury alone, a requirement for SIF benefits under Labor Code § 4751. The Appeals Board denied reconsideration, holding that the applicant's two industrial injuries to the same body parts could not be combined to meet the 35% threshold, citing the binding en banc decision in Hernandez. Therefore, the applicant failed to meet her burden of proof for SIF benefits.
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