What the panel ordered
The July 15, 2019 Findings and Order is rescinded and the matter is returned to the trial level for further proceedings consistent with the Opinion After Reconsideration.
Petition for Reconsideration of the July 15, 2019 Findings and Order denying applicant's claim for Subsequent Injuries Benefits Trust Fund (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.
The Board found that the WCJ erred in not properly determining whether the applicant met the eligibility requirements under Labor Code section 4751, given the multiple injuries sustained by the applicant. The matter was remanded for further proceedings to clarify the prior and subsequent injuries and the applicant's labor disabling disability status.
From the decision · page 5Because of this error, we are unable to determine whether applicant met the eligibility requirements of the statute. Given the multiple injuries applicant sustained here, we do not, nor are we called to, parcel out here which injuries are prior or subsequent for purposes of applicant's claim.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.