ADJ7161613 — California WCAB decision

What the panel ordered

The July 8, 2021 Findings and Order is rescinded and the matter is returned to the trial level for further proceedings on the issue of whether the SIBTF claim is barred by the limitations period.

applicant seeks reconsideration of the July 8, 2021 Findings and Order, which barred his claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits as time-barred by the statute of limitations. The WCJ had found the claim barred, but the Appeals Board granted reconsideration and remanded for further proceedings due to lack of sufficient record and findings.

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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 limitationsRemanded

The Appeals Board found the record insufficient to determine the basis for the WCJ's decision barring the claim and noted the need for findings on permanent disability and substantial likelihood of entitlement to SIBTF benefits. The Board granted reconsideration and remanded for further proceedings to address the limitations issue properly.

From the decision · page 4Here, we are unable to ascertain the basis for the WCJ's decision with the existing record and as such, we rescind the July 8, 2021 Findings and Order and return this matter to the trial level for further proceedings.

The facts that decided it

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code

Labor Code section 5909

Provides the time limit for the Appeals Board to act on a petition for reconsideration, relevant to timeliness of the petition.

From the decision · page 2We first address the timeliness of this Opinion. Labor Code1 section 5909 provides that a

Labor Code

Labor Code section 5313

Requires the WCJ to make and file findings on all facts involved and provide a summary of evidence and reasons for the decision, relevant to the insufficiency of the record.

From the decision · page 3Labor Code2 section 5313 requires the WCJ to,... make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order or award there shall be served upon all the parties to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made. (§ 5313.)

California Supreme Court

Subsequent Injuries Fund v. Workmen's Comp. Appeals Bd. (Talcott) (1970) 2 Cal.3d 56

Interpreted to mean the limitation period for SIBTF claims depends on applicant's knowledge of substantial likelihood of entitlement before five years from injury date.

From the decision · page 4In light of these four Supreme Court decisions [Talcott, supra, 2 Cal.3d 56; Subsequent Injuries Fund v. Workmens' Comp. Appeals Bd. (Pullum) (1970) 2 Cal.3d 78 [35 Cal.Comp.Cases 96]; Subsequent Injuries Fund v. Workmens' Comp. Appeals Bd. (Woodburn) (1970) 2 Cal.3d 81 [35 Cal.Comp.Cases 98]; Subsequent Injuries Fund v. Workmens' Comp. Appeals Bd. (Baca) (1970) 2 Cal.3d 74 [35 Cal.Comp.Cases 94]) we interpret the holding in Talcott to mean that if applicant knew or could reasonably be deemed to know that there will be a substantial likelihood of entitlement to subsequent injuries benefits before the expiration of five years from the date of injury, then the limitation period to file a SIBTF claim is five years from the date of injury. However, if applicant did not know and could not reasonably be deemed to know that there will be a substantial likelihood of entitlement to subsequent injuries benefits before the expiration of five years from the date of injury, then the limitation period to file a SIBT claim is a reasonable time after applicant learns from the WCAB's findings on the issue of permanent disability that SIBTF has probable liability.

ADJ7161613 · November 24, 2021

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

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