CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted the Subsequent Injuries Benefits Trust Fund's (SIBTF) petition for reconsideration, rescinding the previous award. The WCAB found that it was unclear whether the applicant met the 5% and 70% eligibility thresholds for SIBTF benefits due to insufficient medical evidence and lack of clear findings regarding the permanent disability percentages of both pre-existing and subsequent injuries. Additionally, the deviation from the standard 15% attorney's fee to 25% lacked sufficient justification. The case is returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted the Subsequent Injuries Benefits Trust Fund's (SIBTF) petition for reconsideration, rescinding the previous award. The WCAB found that it was unclear whether the applicant met the 5% and 70% eligibility thresholds for SIBTF benefits due to insufficient medical evidence and lack of clear findings regarding the permanent disability percentages of both pre-existing and subsequent injuries. Additionally, the deviation from the standard 15% attorney's fee to 25% lacked sufficient justification. The case is returned to the trial level for further proceedings.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.