Jeremy Gunderson vs. Airport Home Appliance; Mid-century Insurance Company; Subsequent Injuries Benefits Trust Fund

(SJO 0260827) is a case involving Jeremy Gunderson, an applicant, and Airport Home Appliance, Mid-Century Insurance Company, and Subsequent Injuries Benefits Trust Fund, defendants. The Workers' Compensation Appeals Board denied the petition for reconsideration of the earlier May 27, 2011 Opinion and Order Granting Reconsideration and Decision After Reconsideration, which found that Jeremy Gunderson did not meet the threshold requirement of Labor Code section 4751 by presenting substantial medical evidence showing that he had a prior partial disability on December 24, 2005 involving his left lower extremity that would have supported an award of workers' compensation benefits if it had been industrially caused. The Board denied the petition for reconsideration and the

Airport Home Appliance; Mid-Century Insurance Company; Subsequent Injuries Benefits Trust Fund Jeremy Gunderson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJEREMY GUNDERSON, Applicant,vs.AIRPORT HOME APPLIANCE; MID-CENTURY INSURANCE COMPANY; SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants.Case No. ADJ1916680 (SJO 0260827)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Applicant seeks reconsideration of our earlier May 27, 2011 Opinion And Order Granting Reconsideration And Decision After Reconsideration (Decision), which is incorporated herein by this reference, wherein we granted the petition of defendant Subsequent Injuries Benefits Trust Fund (SIBTF) for reconsideration of the earlier March 1, 2011 Findings and Award Against Subsequent Injuries Benefits Trust Fund of the workers’ compensation administrative law judge (WCJ), who found that applicant incurred specific industrial injury to his low back while employed as a salesperson by Airport Home Appliance on December 24, 2005, affecting his right leg and causing 12% permanent disability based upon a standard rating before adjustment for age or occupation of more than 5%, and that before the subsequent industrial injury applicant sustained permanent partial disability due to injury to his psyche, left knee and to his back affecting his left leg, that when combined with his disability from the subsequent industrial low back injury resulted in combined permanent disability of 100%. Based upon those findings, the WCJ awarded SIBTF benefits to applicant.            In our May 27, 2010 Decision we reversed the WCJ’s finding that applicant’s condition met the , threshold requirements of section 4751 and rescinded the award of SIBTF benefits.1 In our Decision we agreed with SIBTF’s contentions that applicant did not meet the threshold requirement of Labor Code section 4751 by presenting substantial medical evidence showing that he had a prior partial disability on December 24, 2005 inv

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