Home/Case Law/JAMES POLSON vs. CONTINENTAL TRANSPORTATION, DEPARTMENT OF INDUSTRIAL RELATIONS as trustee for the SUBSEQUENT BENEFITS TRUST FUND
Regular DecisionReconsideration

JAMES POLSON vs. CONTINENTAL TRANSPORTATION, DEPARTMENT OF INDUSTRIAL RELATIONS as trustee for the SUBSEQUENT BENEFITS TRUST FUND

Filed: Mar 13, 2009
ADJ2701474 (SAC 0322519)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case for further proceedings. The WCAB found the applicant's vocational expert's opinion that the applicant is permanently and totally disabled due to pre-existing cognitive issues and the industrial injury constitutes substantial evidence. This opinion was deemed to meet the SIBTF threshold of 70% combined permanent disability. The WCAB instructed the trial judge to recalculate SIBTF benefits based on this finding.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case for further proceedings. The WCAB found the applicant's vocational expert's opinion that the applicant is permanently and totally disabled due to pre-existing cognitive issues and the industrial injury constitutes substantial evidence. This opinion was deemed to meet the SIBTF threshold of 70% combined permanent disability. The WCAB instructed the trial judge to recalculate SIBTF benefits based on this finding.

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JAMES POLSON vs. CONTINENTAL TRANSPORTATION, DEPARTMENT OF INDUSTRIAL RELATIONS as trustee for the SUBSEQUENT BENEFITS TRUST FUND (2009) – | CompFox