CompFox AI Summary
This case concerns applicant Raffi Khandikian's eligibility for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits based on a cumulative trauma injury to his heart. The central dispute is whether the 35% permanent disability threshold for SIBTF eligibility, as established by Labor Code section 4751, should be calculated before or after an adjustment for diminished future earning capacity (DFEC). The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that the DFEC adjustment should be included in the calculation, as Labor Code section 4751 only excludes adjustments for age and occupation. Consequently, the WCAB amended the prior decision to find the applicant met the SIBTF threshold and returned the case for benefit calculation. A dissenting opinion argued that DFEC should be excluded, relying on statutory interpretation and precedent that emphasized medical impairment.
Full Decision Text1 Pages
This case concerns applicant Raffi Khandikian's eligibility for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits based on a cumulative trauma injury to his heart. The central dispute is whether the 35% permanent disability threshold for SIBTF eligibility, as established by Labor Code section 4751, should be calculated before or after an adjustment for diminished future earning capacity (DFEC). The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that the DFEC adjustment should be included in the calculation, as Labor Code section 4751 only excludes adjustments for age and occupation. Consequently, the WCAB amended the prior decision to find the applicant met the SIBTF threshold and returned the case for benefit calculation. A dissenting opinion argued that DFEC should be excluded, relying on statutory interpretation and precedent that emphasized medical impairment.
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