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ROBERTO HERNANDEZ vs. MILL VALLEY SCHOOL DISTRICT, Permissibly Self-insured; SUBSEQUENT INJURIES BENEFITS TRUST FUND

MILL VALLEY SCHOOL DISTRICT, permissibly self-insured; SUBSEQUENT INJURIES BENEFITS TRUST FUND ROBERTO HERNANDEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERTO HERNANDEZ, Applicant,vs.MILL VALLEY SCHOOL DISTRICT, permissibly self-insured; SUBSEQUENTINJURIES BENEFITS TRUST FUND, Defendants.Case Nos. ADJ3953602 (SRO 0260827)ADJ2646453 (SRO 0133845)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION, ANDNOTICE OF INTENTION TO RECEIVE DOCUMENTS INTO EVIDENCE            Defendant Subsequent Injuries Benefits Trust Fund (SIBTF) seeks reconsideration of the August 30, 2012 Findings and Award of the workers’ compensation administrative law judge (WCJ), who found based upon the stipulations of applicant and his employer Mill Valley School District (Mill Valley), that applicant incurred industrial injury to his right knee and psyche on July 12, 2004, while employed as a maintenance worker by Mill Valley causing 8% permanent disability and need for future medical treatment (ADJ3953602) and while in that same employ on October 12, 2004 also incurred industrial injury to his lumbar spine and psyche causing 95% permanent disability and need for future medical treatment (ADJ2646453).            The WCJ further found that applicant is now totally permanently disabled as a result of the injuries to his back and psyche, that the “combined injuries are greater than 70%,” and that the subsequent injury in ADJ2646453 “is greater than 35% without consideration of age or occupation.” Based upon those findings the WCJ entered an award against SIBTF of 100% permanent disability, less statutory credits and applicant’s attorney’s fees.            SIBTF contends that applicant’s total permanent disability is solely caused by his subsequent industrial injury and he does not qualify for SIBTF benefits.            The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) , recommending that SIBTF’s petition be denied. SIBTF requested to file a res

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