What the panel ordered
Petition for Reconsideration denied; October 22, 2021 Amended Findings of Fact and Order affirmed.
Petition for Reconsideration filed by applicant was considered and denied, affirming the October 22, 2021 Amended Findings of Fact and Order.
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.
Statute of limitationsDefendant prevailedneck · right shoulder · internal · sleep · back · psyche · sexual dysfunction
Applicant's SIBTF claim was filed more than five years after the subsequent injury date, exceeding the statutory limitation period under Talcott and Adams, making the claim untimely.
From the decision · page 3We should, in the absence of statutory direction and to avoid an injustice, prevent the barring of an applicant's claim against the Fund before it arises. Therefore, we hold that where, prior to the expiration of five years from the date of injury, an applicant does not know and could not reasonably be deemed to know that there will be substantial likelihood he will become entitled to subsequent injuries benefits, his application against the Fund will not be barred -- even if he has applied for normal benefits against his employer - - if he files a proceeding against the Fund within a reasonable time after he learns from the board's findings on the issue of permanent disability that the Fund has probable liability. (Talcott, supra, 2 Cal.3d at p. 65.)