What the panel ordered
SIBTF’s Petition for Reconsideration is DENIEDp. 4
SIBTF seeks reconsideration of WCAB’s August 15, 2023 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
SIBTF’s argument that apportionment should be considered in calculating the 35% threshold is rejected; Bookout remains controlling authority
From the decision · page 4Accordingly, for these reasons, we deny reconsideration.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Bookout v. WCAB (1976) 62 Cal.App.3th 214 held that the permanent disability attributable to the subsequent injury for the 35% threshold excludes apportionment
Favours Applicant prevailed