ADJ1438639

In this case, Dennis Timmons sought reconsideration of the Appeals Board’s Decision After Reconsideration, which reversed the Findings and Award that found the Subsequent Injuries Benefits Trust Fund (SIBTF) liable to applicant for benefits of 100% permanent disability. The Appeals Board found that Timmons did not establish his entitlement to SIBTF benefits as the medical evidence did not establish that, at the time of his April 13, 2000 industrial injury, applicant had an existing permanent partial disability from his 1991 cervical fusion surgery. The Appeals Board denied the petition for reconsideration, finding that Timmons had not established through substantial medical evidence that he had met the requirement for SIBTF benefits, that he had a pre-existing permanent

In this case, the Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) finding that applicant, Dennis Timmons, was entitled to SIBTF benefits of 100% payable at the rate of $490 per week for life, less statutory credits and less a 15% attorneys’ fee. After review of the record, the Workers’ Compensation Appeals Board granted reconsideration to reverse the WCJ’s determination that applicant was entitled to SIBTF benefits, as the medical evidence did not establish that applicant’s 1991 cervical fusion resulted in permanent partial disability that existed at the time of his subsequent 2000 industrial injury.