HIGH DESERT DAIRY; STATE COMPENSATION INSURANCE FUND; and SUBSEQUENT INJURIES BENEFIT TRUST FUND, Defendants. AURELIO BOBADILLA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAURELIO BOBADILLA,Applicant,vs.HIGH DESERT DAIRY; STATECOMPENSATION INSURANCE FUND; andSUBSEQUENT INJURIES BENEFIT TRUSTFUND, Defendants.Case No. ADJ4052373 (VNO 0479552)ADJ4287846 (VNO 0479554)OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Order Vacating’ Findings and Award and Amended Findings and Award Re: Labor Code Section 5100.5 of November 12, 2008, wherein the workers’ compensation judge (WCJ) found, in essence, that applicant had a spinal (back) permanent disability that pre-existed the 93% back and right knee permanent disability caused by the admitted industrial injuries that he sustained on August 10, 2003 (case number VNO 0479552), and during a period through August 10, 2003 (case number VNO 0479554), while employed as a farm laborer by High Desert Dairy, State Compensation Insurance Fund’s (SCIF) insured on the dates of injury, for which he previously received an award of permanent disability indemnity totaling $145,705, plus thereafter a life pension. The WCJ further found that applicant’s combined permanent disability is 95%, entitling him to permanent disability indemnity totaling $149,845, plus thereafter a life pension, with the difference in his instant and previously-awarded permanent disability indemnity being the liability of the Subsequent Injuries Benefit Trust Fund (SIF). Applicant ostensibly contends that his compensable permanent disability is greater than 24 95%, arguing that the WCJ should have also determined that applicant had a pre-existing right 25 knee permanent disability. 1 Despite the caption of the November 12, 2008 decision, it does not contain an order vacating the previously-issued (October 30, 2008) Findings and Award. , SIF filed an answer to applicant
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