What the panel ordered
Petition for Reconsideration denied; April 5, 2022 Findings of Fact affirmed except amended to clarify apportionment is not considered in determining SIBTF eligibility threshold.
Petition for Reconsideration filed by Subsequent Injuries Benefits Trust Fund (SIBTF) challenging the April 5, 2022 Findings of Fact regarding applicant's 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.
The Board affirmed that apportionment is not permitted when determining the 5% or 35% SIBTF eligibility threshold, consistent with the Bookout decision and subsequent en banc authority.
From the decision · page 2The parties indicated to the court that all other factors of SIBTF eligibility are met in this case. Accordingly, the sole issue addressed on reconsideration is whether apportionment based on causation of injury applies in calculating the subsequent permanent disability threshold of 5% or 35% per section 4751. (Report, pp. 1-2.)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.