CompFox AI Summary
The Workers' Compensation Appeals Board denied the Subsequent Injuries Benefits Trust Fund's (SIBTF) petition for reconsideration. SIBTF argued that medical reports used to establish applicant's industrial disability were inadmissible as they were not obtained through the Labor Code section 4062.2 process. However, the Board found that this process applies to disputes between an employee and employer, not claims against SIBTF, which is not an employer. The Board also rejected SIBTF's claims that pre-existing conditions of GERD, psyche, and addiction were not supported by substantial evidence, upholding the original findings of 65% permanent disability from the industrial injury, compounded by pre-existing disabilities to reach an overall permanent total disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the Subsequent Injuries Benefits Trust Fund's (SIBTF) petition for reconsideration. SIBTF argued that medical reports used to establish applicant's industrial disability were inadmissible as they were not obtained through the Labor Code section 4062.2 process. However, the Board found that this process applies to disputes between an employee and employer, not claims against SIBTF, which is not an employer. The Board also rejected SIBTF's claims that pre-existing conditions of GERD, psyche, and addiction were not supported by substantial evidence, upholding the original findings of 65% permanent disability from the industrial injury, compounded by pre-existing disabilities to reach an overall permanent total disability.
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