Tj Ward; Truck Insurance Exchange; Subsequent Injuries Benefit Trust Fund, Gloria Frialde, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGLORIA FRIALDE,Applicant,vs.TJ WARD; TRUCK INSURANCE EXCHANGE; SUBSEQUENT INJURIES BENEFIT TRUST FUND,Defendants.Case No. ADJ6900339(San Francisco District Office)OPINION AND DECISION AFTER RECONSIDERATION On December 14, 20161, we issued our Opinion and Order Granting Reconsideration of the petitions filed by applicant and defendant in order to provide us with sufficient opportunity to further study the factual and legal issues presented and to enable us to issue a just and reasoned decision. This is our Decision After Reconsideration. Applicant and defendant each sought reconsideration of the Findings, Orders and Award (FOA) issued by a workers’ compensation administrative law judge (WCJ) on October 24, 2016. The FOA found that applicant, while employed by defendant as an accounting/office manager during the cumulative period through March 10, 2009, sustained injury arising out of and occurring in the course of said employment to her neck, back, upper extremities, psyche, sleep and bladder, but did not sustain industrial injury in the form of sexual dysfunction or gastrointestinal system. The decision further determined that the injury caused permanent disability of 72% after apportionment, with need for further medical treatment. It also found that applicant failed to meet her burden of proof to establish that she had a pre-existing permanent partial disability at the time she sustained the subsequent cumulative trauma injury. Applicant’s request for benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF) was 1 We issued an Amended Opinion and Order Granting Petition for Reconsideration on January 23, 2017, to clarify that our previous December 14, 2016 Opinion and Order also applied to the Petition for Reconsideration filed by defendant. , denied. Applicant’s attorney was awarded attorney
