CompFox AI Summary
This case concerns an applicant seeking benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The core issue is whether the applicant's subsequent industrial injury, when considered alone, results in a permanent disability of at least 35%. The Appeals Board reversed the WCJ, finding the applicant's permanent disability is 35% after adjusting for diminished future earning capacity and adding the separate impairments, thereby qualifying him for SIBTF benefits. The Board's decision hinges on interpreting Labor Code section 4751 to allow DFEC adjustments and mandate addition of impairments, not combination via the Combined Values Chart, for SIBTF qualification.
Full Decision Text1 Pages
This case concerns an applicant seeking benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The core issue is whether the applicant's subsequent industrial injury, when considered alone, results in a permanent disability of at least 35%. The Appeals Board reversed the WCJ, finding the applicant's permanent disability is 35% after adjusting for diminished future earning capacity and adding the separate impairments, thereby qualifying him for SIBTF benefits. The Board's decision hinges on interpreting Labor Code section 4751 to allow DFEC adjustments and mandate addition of impairments, not combination via the Combined Values Chart, for SIBTF qualification.
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