Home/Case Law/James Clark vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND
Regular DecisionReconsideration

James Clark vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

Filed: Oct 04, 2013
San Jose
ADJ7348607

CompFox AI Summary

This case involves James Clark's petition for reconsideration of a decision regarding Subsequent Injuries Benefits Trust Fund (SIBTF) liability. The WCJ found that Clark sustained a 13% permanent disability from a 2009 work injury, which, when combined with prior permanent disabilities from other injuries, resulted in a 70% total permanent disability. Clark argued for 100% permanent disability based on prior medical reports and a vocational expert's opinion. The Board denied reconsideration, finding that the prior medical reports indicated overlapping disabilities, precluding simple addition of individual award percentages. The Board also noted that Social Security Administration determinations are not determinative for workers' compensation, and there was no ratable medical opinion for Clark's sleep or vision conditions.

Full Decision Text1 Pages

This case involves James Clark's petition for reconsideration of a decision regarding Subsequent Injuries Benefits Trust Fund (SIBTF) liability. The WCJ found that Clark sustained a 13% permanent disability from a 2009 work injury, which, when combined with prior permanent disabilities from other injuries, resulted in a 70% total permanent disability. Clark argued for 100% permanent disability based on prior medical reports and a vocational expert's opinion. The Board denied reconsideration, finding that the prior medical reports indicated overlapping disabilities, precluding simple addition of individual award percentages. The Board also noted that Social Security Administration determinations are not determinative for workers' compensation, and there was no ratable medical opinion for Clark's sleep or vision conditions.

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