What the panel ordered
Petition for Reconsideration by SIBTF is denied except that the finding is amended to find applicant is not eligible for SIBTF benefits.
Petition for Reconsideration filed by Subsequent Injuries Benefits Trust Fund (SIBTF) was granted to study legal and factual issues; WCJ prepared a Report and Recommendation to deny the Petition; the Appeals Board issued an Opinion and Decision After Reconsideration affirming the WCJ's Report except amending the finding on eligibility for SIBTF benefits.
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.
Applicant's subsequent injury resulted in 100% permanent disability, which under Labor Code section 4751 and relevant case law disqualifies eligibility for SIBTF benefits because the subsequent injury must result in partial permanent disability, not total.
From the decision · page 4However, SIBTF benefits are not meant to displace an employer's liability. When an injured worker's subsequent injury results in 100% permanent disability, there is no need for SIBTF benefits to fill in the gap between an injured worker's entire permanent disability and the percentage of disability caused by the employment. Indeed, section 4751 explicitly provides that the subsequent additional permanent disability be partial. (§ 4751.)