CompFox AI Summary
This case involves a Subsequent Injuries Benefit Trust Fund (SIBTF) claim where the applicant sustained industrial injuries to his left knee and right ankle, resulting in incontinence. The Board affirmed the finding of 41% permanent disability for the subsequent injury, finding the applicant eligible for SIBTF benefits under Labor Code § 4751(a) due to corresponding prior and subsequent injuries to opposite limbs. The Board amended the award to specify that the attorney's fee of 15% is calculated on the SIBTF weekly payments, not commuted as a lump sum upfront, to comply with statutory prohibitions. The Court also addressed apportionment, pre-existing disability, and the unreliability of stipulated percentages when SIBTF was not a party.
Full Decision Text1 Pages
This case involves a Subsequent Injuries Benefit Trust Fund (SIBTF) claim where the applicant sustained industrial injuries to his left knee and right ankle, resulting in incontinence. The Board affirmed the finding of 41% permanent disability for the subsequent injury, finding the applicant eligible for SIBTF benefits under Labor Code § 4751(a) due to corresponding prior and subsequent injuries to opposite limbs. The Board amended the award to specify that the attorney's fee of 15% is calculated on the SIBTF weekly payments, not commuted as a lump sum upfront, to comply with statutory prohibitions. The Court also addressed apportionment, pre-existing disability, and the unreliability of stipulated percentages when SIBTF was not a party.
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