What the panel ordered
Petition for Reconsideration granted; final decision after reconsideration deferred pending further review of merits and entire record.
Applicant seeks reconsideration of the May 21, 2025 Findings and Order issued by the WCJ, which found the application for SIBTF benefits untimely filed and ordered applicant to take nothing.
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 was represented by counsel and should have reasonably known about eligibility for SIBTF benefits before the five-year deadline, but the claim was filed almost ten years after injury. However, the Appeals Board found the record was not properly developed on this issue and granted reconsideration to further study the facts.
From the decision · page 3Applicant filed an Application for Adjudication of Claim for date of injury of 5/25/12 through 5/28/13 to the back, bilateral lower extremities, neck, headaches, bilateral upper extremities, and nervous system. Application for Adjudication of Clam, EAMS Doc. ID 49568478. Applicant settled his case by way of Stipulation with Request for Award on 1/23/18 awarding permanent disability of 48% after apportionment. Joint Exhibit V. The settlement was based upon AME, Dr. Richard Woods. It was noted in Dr. Woods report that either in 2011 or 2012, Applicant had sinus surgery; in July of 2016, Applicant had left shoulder surgery on a non-industrial basis. Applicant was also diagnosed with hypertension, hypoglycemia, high cholesterol, anxiety, depression, sleep apnea, and diabetes. Dr. Woods also noted Applicant's bilateral knee condition was non-industrial. Joint Exhibit X.