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Francisco Lopez, vs. City Of San Jose; Subsequent Injuries Benefits Trust Fund,

City Of San Jose; Subsequent Injuries Benefits Trust Fund, Francisco Lopez, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCISCO LOPEZ,Applicant,vs.CITY OF SAN JOSE; SUBSEQUENT INJURIES BENEFITS TRUST FUND,Defendants.Case No. ADJ7345508(San Jose District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Applicant, Francisco Lopez, seeks reconsideration of the Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration, issued January 31, 2017, in which this panel of the Workers’ Compensation Appeals Board granted the Petition for Reconsideration filed by the Subsequent Injuries Benefits Trust Fund (SIBTF) from the November 10, 2016 Findings and Award to find applicant did not met his burden to establish his entitlement to SIBTF benefits. We concluded that there was no substantial medical evidence presented that showed applicant suffered from a ratable pre-existing partial permanent disability in his right knee at the time of his June 27, 2010 industrial injury to his left knee.            Applicant contests our determination, contending that applicant need not establish that his prior right knee injury reached permanent and stationary status prior to the subsequent industrial injury, or establish the extent of his impairment, to qualify for SIBTF benefits, and further, that to establish the pre-existing disability applicant can rely on post-injury testing by Agreed Medical Examiner (AME), Sova Khuong, D.C. In the event we do not change our opinion that Dr. Khuong’s reporting is not substantial medical evidence to establish applicant’s entitlement to SIBTF benefits, applicant asserts that he should be provided a further opportunity to develop the medical record to meet his burden of proof to show that his prior right knee condition qualifies him for such benefits.            SIBTF has filed an Answer to applicant’s Petition for Reconsideration, contesting applicant’s contention that Labor Code section 4


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