Xyzzx Sj02, vs. Subsequent Injuries Benefits Trust Fund,

(SJO 0251902) is a case in which the Subsequent Injuries Benefits Trust Fund (SIF) filed a petition for reconsideration of a Findings and Award dated July 14, 2008. The petition was filed at the San Jose district office on August 8, 2008, but was not date-stamped due to the clerks being absent for training. The case was reviewed and the petition was found to be timely filed. The issue was whether increased payments to the applicant pursuant to section 4659(c) should have begun on January 1, 2005 and whether SIF had unreasonably delayed payments to the applicant. The Workers' Compensation Appeals Board found that the increased payments should have begun on January 1, 2005 and that S

SUBSEQUENT INJURIES BENEFITS TRUST FUND, XYZZX SJ02, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAXYZZX SJ02, Applicant,vs.SUBSEQUENT INJURIES BENEFITSTRUST FUND, Defendant.Case No. ADJ1510738 (SJO 0251902)OPINION AND DECISION AFTER RECONSIDERATION            On October 28, 2008, the Director of Industrial Relations as Administrator of the Subsequent Injuries Benefits Trust Fund (SIF) filed a Second Petition for Reconsideration, contending that it is newly aggrieved by our Opinion and Order Dismissing Petition for Reconsideration, wherein we dismissed SIF’s petition for reconsideration dated August 7, 2008, as untimely filed. The petition had requested reconsideration of the Findings and Award dated July 14, 2008. SIF contends that its petition was filed at the San Jose district office on August 8, 2008, but that it was not date-stamped because the clerks at that office were absent for training. We have P not received an answer from applicant.            After review of the second petition and the documents attached thereto, we find that the first petition was timely filed. Therefore, we rescind our Opinion and Order Dismissing Petition for Reconsideration, and we address SIF’s contentions in its first petition for reconsideration on the merits.            Applicant, while employed as an accountant/controller/program director on January 20, 2004, sustained an industrial injury to his hearing, psyche, right hand, spine, post concussion headache, dizziness, and jaw. On June 19, 2007, he and his employer stipulated that his permanent disability was 69 1⁄2 percent. Applicant then filed an application for SIF benefits, contending that he had a pre-existing disability caused by an HIV condition, first diagnosed in 1994, Hepatitis B, and various other problems. ,             At trial on July 8, 2008, applicant and SEF stipulated that his combined permanent disability was 100% and that “permanent and stationary date/permanent disability payment commencement date

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.