Home/Case Law/GILBERT LOPEZ vs. CITY AND COUNTY OF SAN FRANCISCO, SUBSEQUENT INJURIES BENEFITS TRUST FUND OF THE STATE OF CALIFORNIA
Regular DecisionWorkers' Compensation

GILBERT LOPEZ vs. CITY AND COUNTY OF SAN FRANCISCO, SUBSEQUENT INJURIES BENEFITS TRUST FUND OF THE STATE OF CALIFORNIA

Filed: Feb 11, 2015
San Francisco
ADJ7827606

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed a prior award granting Gilbert Lopez benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The SIBTF contended that adjustments for diminished future earning capacity should be excluded when calculating the threshold percentage of permanent disability from the subsequent injury. The Board majority, adopting the judge's reasoning, found that these adjustments are permissible under current law, affirming eligibility. A dissenting opinion argued that such adjustments should be excluded, which would have rendered the applicant ineligible.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed a prior award granting Gilbert Lopez benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The SIBTF contended that adjustments for diminished future earning capacity should be excluded when calculating the threshold percentage of permanent disability from the subsequent injury. The Board majority, adopting the judge's reasoning, found that these adjustments are permissible under current law, affirming eligibility. A dissenting opinion argued that such adjustments should be excluded, which would have rendered the applicant ineligible.

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GILBERT LOPEZ vs. CITY AND COUNTY OF SAN FRANCISCO, SUBSEQUENT INJURIES BENEFITS TRUST FUND OF THE STATE OF CALIFORNIA (2015) – San Francisco | CompFox