Pacific Tube; St. Paul Travelers; Subsequent Injuries Benefits Trust Fund Warren Barna WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWARREN BARNA, Applicant,vs.PACIFIC TUBE; ST. PAUL TRAVELERS; SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants,Case Nos. ADJ1279352 (LAO 0745599); ADJ1457424 (POM 0224983); ADJ1636264 (LAO 0747303)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant Subsequent Injuries Benefits Trust l-‘und (SIBTF) seeks reconsideration of the earlier August 30. 2010 Findings and Order and Award of the workers’ compensation administrative law judge (WCJ). who found in ADJI279352 that applicant incurred industrial injury to his psyche while employed as a machine operator/pipe cutier/wddcr by Pacific Tube on February 9. 1996. and that the SIBTF was liable to provide benefits. Issues of credit were deferred. Applicant’s three claims of specific orthopedic industrial injury to his right knee on June 3, 1992 ADJ 1-157424), of cumulative trauma industrial injury to his entire body and psyche during the period January 3, 1967 to February 9. 1996 (ADJ1636264). and of specific industrial injury to his psyche on February 9. 1996 (ADJ 1279352), were earlier addressed by the parties by compromise and release as approved by the WCJ on June 27. 2007, with a lump sum payment of $295.00000 SIBTF contends that the WCJ’s determination that applicant had a pre-existing psychiatric disability as discussed in the Opinion on Decision that accompanied the August 30. 2010 Findings is not supported by substantial evidence, that applicant did not have a pre-existing psychiatric , disability at the time he incurred industrial injury to his psyche on February 9. 1996. that the IWCJ’s August 30. 2010 decision docs not include required findings, and that the WCJ should have allowed an offset for its potential liability for permanent disability indemnity benefits that were otherwise payable in the ease i
Warren Barna vs. Pacific Tube; St. Paul Travelers; Subsequent Injuries Benefits Trust Fund
In this case, the Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of an earlier decision by a workers' compensation administrative law judge (WCJ) that found that the applicant had incurred an industrial injury to his psyche while employed by Pacific Tube on February 9, 1996. The WCJ's decision was affirmed, with the Appeals Board granting reconsideration to amend the decision to include specific findings that underlie the applicant's eligibility for SIBTF benefits and to more clearly address the issue of possible offsets.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ1279352
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