What the panel ordered
The Findings and Award issued on December 19, 2023 is rescinded and substituted with findings that SIBTF is not entitled to a credit against CalPERS industrial disability retirement benefits paid to applicant.
Petition for reconsideration of the December 19, 2023 Findings and Award was granted to further study the factual and legal issues, leading to this decision after reconsideration.
This docket was decided more than once. Shown here is the latest released decision; we also hold March 18, 2024.
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.
SIBTF failed to prove that the CalPERS industrial disability retirement benefits were paid primarily for or on account of applicant's preexisting disabilities or impairment, thus no credit is due.
From the decision · page 8Cases 16].) While the WCAB may draw reasonable inferences from the evidence, this court may only determine whether the evidence is susceptible to the inferences drawn. (Phoenix Indemn. Co. v. Industrial Acc. Com. (Hamilton) (1948) 31 Cal.2d 856, 859 [193 P.2d 745, 13 Cal. Comp. Cases 118]; Coborn v. Industrial Acc. Com. (1948) 31 Cal.2d 713, 716 [192 P.2d 959, 13 Cal. Comp. Cases 89].) Based on the foregoing, we find that SIBTF has failed to establish that applicant received IDR benefits primarily for or on account of her preexisting disabilities or impairment and SIBTF has not met its burden of proof in this case.