Home/Case Law/THOMAS AGOSTA vs. CHRISTINE BAKER, DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR OF THE SUBSEQUENT INJURIES BENEFITS TRUST FUND
Regular DecisionWorkers' Compensation

THOMAS AGOSTA vs. CHRISTINE BAKER, DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR OF THE SUBSEQUENT INJURIES BENEFITS TRUST FUND

Filed: Aug 07, 2014
San Francisco
ADJ2089663 (SAC 0198321)

CompFox AI Summary

This case involves a Subsequent Injuries Benefits Trust Fund (SIBTF) petition for reconsideration regarding an applicant's permanent disability award. The WCAB granted reconsideration, rescinded the prior award, and returned the matter for further proceedings. The Board found insufficient evidence to support the original 100% permanent disability finding, particularly concerning pre-existing disabilities from baseball injuries and vocational expert opinions. The WCAB also highlighted the need to further develop the record on the applicant's learning disability and its impact on pre-existing disability as of the July 2, 1992 injury date.

Full Decision Text1 Pages

This case involves a Subsequent Injuries Benefits Trust Fund (SIBTF) petition for reconsideration regarding an applicant's permanent disability award. The WCAB granted reconsideration, rescinded the prior award, and returned the matter for further proceedings. The Board found insufficient evidence to support the original 100% permanent disability finding, particularly concerning pre-existing disabilities from baseball injuries and vocational expert opinions. The WCAB also highlighted the need to further develop the record on the applicant's learning disability and its impact on pre-existing disability as of the July 2, 1992 injury date.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.